The High Court · 2025

^)x,,1*ii,',,,:",,s:ffir:1ru,.o,:,:t 24 yea rs, occ ? !"Jri!3?f fi I h1?""1,,r,3rfi .ea sed peri rio ner ...PETITIONERS AND 1 3iA:Lffi,t3liiirXr'ntu'' Virrage AND Mandar, Adirabad Districr, Rep by *s

2. The Assistant Director of Survey Setflement & Land Records, Adilabad 3. The District Revenue Officer, Adilabad District. 4. The Joint Collector, Adilabad District. Petition Under Article 226 of the Constitution of India prayrng that in the circumstances stated in the affidavit filed therewith, the High Court may be .....RESPONDENTS a pleased to issue a writ or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the Respondents in interfering with the petitioners rights over an extent of Ac 1-17 gts in Old Sy'No'181 correspondinq to new Sy.Nos.579,580' 581 and 582 situated at Kuntala Village and lVlandal' property as illegat, arbitrary' unconstitutional and set aside the said action and directtheRespondentshereinnottointerferewiththepetitionersrightsoverthe property belonging tc the petitioner in any manner' AdilabadDistrictonthebasisofsurveyrecordswithoutacquiringthepetitioners l.A.NO:1 oF 20',11 PMP. NO: 4698 OF 01 1) 2 Petition under Section the affidavit filed in suPPort direct the 3rd resProndent petitionerson3.5-2010expeditiously,pendingthedisposa 'l 51 CPC praying that in the circumstances stated in of the petition, the High Court may be pleased to to dispose off the Revision petition filed by the I of the above writ petition I.A.NO:2 OF 20111WPMP NO:469 90F 2011 ) petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to directthe2ndrespondenthereinnottointereferwiththepetitioners.rightsover the property viz., land admeasuring Ac- 3-09gts siutated in Old sy No'181 corresponding to new Sy nos 579'580' 581 & 582 situated at Kuntala Village and Mandal Adilabad District, pending the disposal of the above writ petition' r.A.NO: 10F 2012(wvMP. NO:344 0F 20121 Between: TheGramPanchayat,KuntalaVillageANDtvlandal'AdilabadDistrict'Rep'byits PanchaYat Secretary ....PETITIONER/R1 AND 1 Nuthikadi Bhoianna (Died as per LRs P5 to P7)' Slo Noothikadi Gajianna ffiHffi""w;?;;t"'i; villrs" and Mandal' Adilabad Distirct.

2. Nuthikadi Reddv

3. Vodnam Muthvalu A/;il;;;;iH:Jd 'o,Noothikadi Gajjanna Agricurrure R/o Kunrara viuage and ,ro lrrunouiililtr:'B,ll?:lhikadi rvuthyatu Agricurrure R/o Kuntara virrase 4. Edta Savithri. W/o Edta Gajjaram Agricuilure R/o Kuntata Viilage and Mandat, AdiLb; D;.i;lru

5. Nuthikandi Ganqar Asricu rture, R'.:"; .,lill i yj8

6. Nuthikandi Sravan e,ivate empi-oie;j'h,"r[',,[:,lf5gl

7. Nuthikandi Gaiendi ...,RESPONDENTS/PETITIONERS ',lJl?i:ij,f, l,:#K ;,.*3i j3fl ,Xi 5 B yea rs, occ fij;,:,rT:ii,,flB: n,.*l rr:*ears, occ - yu, o, o.. s tuoen t, niol ii:i.;, d:, :6: KlH,Ii:.,,?[?s:ft i',xp8,,lri, z + (Petitioner Nos.5 to 7 not necessary). .....RESPONDENTS/RRS Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim orders granted on 1g.2.201.1 in Wp_No_37 94 of 2O11. l.A.NO: 20F 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to permit the petitioners to fire the additionar documents and receive the same in above writ petition as additional evidence in the interest of justice. Counset for the petitioner : SRI NARESH REDDY CHTNNOLLA Counsel for the Respondent No.1: SRI p.R.iAGHAVENDOR Counsel for the Respondent Nos.2 to 4 : Gp FOR REVENUE The Court made the following ORDER REDDY THE HON'BLE SRI JUSTICE K'SARATH 1[IRIT PETITIO N No.3794 of 2OLl oRDER: Heard [e arned counsel appearing lor petitionersand learned Standing Counsel lor the respondent No.1 and learned Assistant Government Pleader for R<:venue appearing for the respontlent Nos'2 to 4 and perusecl the material on record' 2 . Lea rned counsel for the petitioners submits that the petitioner questioning the action of the respondents in interfering with the petitioners' rights over the land to an extent of Ac'1-17 guntas in o1d Sy'No'181 corresponding to new Sy'No'579' 580' 581 and 582 situated at Kuntala Village and Mandal' Nirrnal District on the basis of survey records without acquiring the petitioners' ProPertY-

3. Learned counsel lbr the petitioners further submits thal- from the time of inheritance, thc petitroners ) While ir continuing have been demonstrable possession of the said property. being SO ln the year 2OOB, the ln open, peaceful arld respondent No.1 to the petitioners, land to an contending that the said lar_rd sulvey records as "Government Purported to lay claims extent of Ac. 1_17 guntas ,"vas recorded in the Abadi Land,, and the said land belonged tc the respondent No. l. Thereafter, the petitioner came to know that the land in Sy.No.lBl was changed to new survey Nos.579, Sg0, 581 and 582 artd that extent of land in the new survey numbers was shown in aggregated as Ac. 1.32 guntas and an extent oI Ac. 1_17 guntas was deleted from the aggregate extcnt u,ithor;t providing any reason.

4. Learned counsel for submits that after learning of the In the operation of the Sethwar, the approached the respondent No.3 and the petitioners further said error having occurred petitioners have filed a Revision \ \ .--- J Petition under Section 87 of Telangala Land Revenue Act' l3lTFaslibeforetherespondentNo.4uideFile No.D4l 1354/2008 dated' o3'05 '2OlO' ln spite' of pending of the said revision petition, before the respon<lent No.4, the respondent Nos' I to 3 are trying to interfere with the possession ol the petitioner' Aggrieved by the same' the petitioner filcd the present writ petition'

5. Learned counsel fcrr the petitloners further submits that at the time of admission' this; Court passed interim ordr:r dated l8'O2'2O11 ' the responrlent No'1 shall not make any constructi'on over the subject lar-rd ' Moreover' in spite o[ lapse oi more than fourteen Years' the revision petition fiied by the petit-ioner before the competent authority is stiil pending for considertrtion' Hence' requested this Court to allow the Writ Petil.ion by directtng the resPorrrlents not to interfere with the possesslon of the petitioners' subject properry' til1 the disposal of the revisron petition filed bY the Petitioners' 4

6. Learned Stan,ling Counsel for the respondent No.I , basing on the counter affidavit, submits that the Tahsildar, Kuntaia, uid"e his Lr.No.B/680/08 dared 09.O7.2OOa has stated that as per the report of the Mandal Surveyor, Kuntala Manda,, informed that the villagers of the Kuntala, where the garbage kept in the land from iong period is comes under the village side (Abadi) of Kuntala Village. In view of the sarne, Tahsildar in his report dated 26.04.2011 stated that the land in new Survey No.579 to 582 is a Government land vested in Lhe Gram panchayat, Kuntala. There is disputed questions of fact with regard to the subject property and for the same, the petitioners filecl revision petition before the respondent No.4 uid.e File No.D4l 1354 /2OOB dated 03.05 .2OlO, hence, requested this Court to pass appropriate orders.

7. After hearing both sides and on perusing the entire materiar on record, this Court is of the considered view that the dispute in the instant case is with regard to - -th. survcy numbers. As per the report o1- the Tahsildar to 5 the District Collector uid.e Lr.No.B/6g0 I2OOB dated 26.4.2011 , it is stated rhar as per Sesalapahani 1955 56, L956-57, 1957-58 of Kuntala Village, the Surv,:y No. lg1 uras reflected for Lotal extent of Ac.3_09 guntasin the namc of ancestors ol the petitioners herein. After re,,,ision, Survey No.1B1 of the land to arr extent of Ac.3_09 guntas corresponding to the new survey numbers as l)er pahani for the year 196ri-66 onu,ards and the new Sy.lVos.579, SgO, 58 I and 582 with regard to the iand to an extr:nt of Ac.O_10 guntas, Ac.O L0 guntas, Ac.O_05 guntas and Ac.O_17 guntas respectiveiy totaiing to an extent of Ac. 1-02 guntas were reflected in the name of the legal representatives (LRs) of the \ pattadars and remaining land shown as Abacji. In view of the same, the petitioners herein have rrled rev.ision petition belore the respondent No.4 lbr correction of entries in the revenue recor<ls and the same is pending for c:onsideration. In the meantime, the respondent Nos.l to 3 are trying to interfere with the possession of the petitior-rers, subject property. Hen,:e, the present writ petition. I \ 6 8 Petition dispose of the revision In view of the above circumstance, the Writ is disposed of directing the respondent No.2 to petition filed by the petition ers uid.e File No.D4l r3S4 /2OO8 dated 03.05.2010 as per law as expeditiously as possibre. Tilr the disposal of the same, the respondents are directed not to interlere with the possession ol the petitioners, suit scl,redule property. No order as to

9. Miscellaneous petitions, if any, pending in this rvrit petition shall stand close d. //TRUE COPY// SD/. K.SREERAMA MURTHY DEPUW REGISTRAR a SECTION OFFICER To Adilabad District. 1 f!9 Panclayat Secretary, Gram panchayat, Kuntala Village AND [\,4andal, 2- The Assistant Director o-f.survey setflement & Land Records, Adirabad_ 3. The District Revenue Officer. Adilabad District. 4. The Joint Collector, Adilabad District. 5. Two CC's to G.P FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI NAREfIH- REDDY CHTNNOLLA, Advocate tOpUCl 7. One CC to SRI P.RAGHAVENDOR REDDY, Advocate tOiUCl 8. Two CD Copies Hyderabad. (OUT) SA GJP\) \P2 'i f' 'Uffi HIGH COURT SK,J DATED:2 510812025 ORDER WP.No.3794 of 2011 DISPOSING OF THE W.P WITHOUT COSTS.