Mande Bhadramma v. 1. The State of Telangana

petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass.an order or direction or writ in the nature of Manda/mus duly declaring the action of the respondents 3 and 4 in attempting to insert the private respondents into the lands of the petitioner who has valid Patta vide an extent of Acers 1 .21, in Survey Number 1551 , situated at Nayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District under the guise of survey alleged to have conducted despite pendency of civil suit for injunction filed by the petitioners herein vide OS NO. 9112022 on the file of Principal Junior Civil Jude & Court at Kothagudem, as illegal, arbitrary and highhandedness and against the principles of natural justice and consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land to an extent of Acers 1.21 , in Survey Number 1551, situated at Nayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District in the interest of justice. lA NO:.'f OF 2025 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 direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land to an extent of Acers 1.21 , in Survey Number 1551, situated at Nayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District in the interest of justice. Counsel for the Petitioner: SRI P.RAMA SHARANA SHARMA Counsel forthe Respondent No.1 to 4: AGP FOR REVENUE Counsel for the Respondent No.5 & 6: SRI R.R.KALYAN The Court made the following: OROER THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9425 of 2025 ORDER: The present writ petition is hled seeking to deciare the action of respondent Nos.3 and 4 in attempting to induct the private respondents into the land of the petitioner admeasuring Ac. 1 .31 gts., in Sy.No. 1551, situated at N.ayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District, under the guise of conducting survey pending adjudication of civil suit uide O.S.No.91 of 2022 on the hle o[ Principal Junior Civil Judge, Kothagudem, as illegal, arbitrary and consequently prayed for other appropriatel reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the absolute owner and possessor of the agricuitural land admeasuring Ac.1.31 gts., in Sy.No.i551, situated at Nayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District and her name is recorded in the revenue records and the revenue authorities have also issued pattadar passbook and title deed uide Passbook No.T2721OO3!997, khata No.3702 in respect of the subject property. It is further stated that she is also receiving various incentives sanctioned by the Government as investment subsidies for cultivation of the subject property. It is further stated that when respondent Nos.S and 6, 2 disputing the title and possession of the petitioner, made efforts to interfere and encroach into the land of the petitioner, the petitioner was constrained to institute a suit uide O.S.No.9 I of 2022 on the file of the Principal Junior Civil Judge, Kothagudem, (for short, ,the trial Court), against respondent Nos.S and 6 and the same is pending. The case of the petitioner is that respondent Nos.S and 6, has hled an application seeking to conduct survey in Sy.No.l550/ 1 and at the instance of respondent Nos.5 and 6, the respondent Nos.3 and 4, are interfering with her peaceful possession and enjoyment over the subject proper[r situated in Sy. No. 155 1 .

4. l,earned counsel for respondent Nos.S and 6 has vehemently contended that respondent Nos.S and 6 have made an application seeking to conduct survey in Sy.No.1S50/1 and the survey authorities, after issuing notice to all the adjacent owners, conducted survey and also prepared a panchanama for rrxation of the boundaries. It is further stated that when the petitioner, disputing the said survey, is causing inconvenience, respondent Nos.5 and 6 have filed a counter claim in o.S.No.91 of 2o2r pending before the trial Court seeking declaration and consequential injunction. It is further contended that whire the suit instituted by the petitioner before the trial Court is pending and in the absence of any relief being granted by the trial Court, the petitioner is not entitled to hle the present writ petition and the same is therefore not maintainable. J

5. Admittedly, there are civil disputes between the petitioner and respondent Nos.S and 6. While a suit uide O.S.No.91 of 2022 has been instituted by the petitioner before the triar court, a counter claim has been filed by respondent Nos.s and 6 and the suit is pending for adjudication. Therefore, if the petitioner is aggrieved with any action of the respondents, including that she is not satished with the survey being conducted, she is entitled to make an appropriate application in the pending suit. It is settled raw that when civil disputes are pending between the parties, filing a writ petition is not an appropriate remedy to resolve the inter se disputes with regard to classihcation and nature of the lands or the extent mentioned in the respective survey numbers.

6. In view of the aforesaid discussion, this Writ petition is disposed of relegating the parties to resolve their disputes in the pending suit uide O.S.No.9 t of 2022 before the trial Court. pending adjudication of the said suit, respondent No.4_the Tahsildar is directed not to interfere with the suit schedule property of the petitioner, in any manner, except in accordance with law. As a sequel, miscellaneous appiications pending if any, shall stand closed. No costs. //TRUE COPYII sD/-P. CH. NAGABHUSHAMBA DEPUry REG]STRAR SECTION OFFICER (Revenue) Secreta The Principal Secretary. I elangana. The District Collector, Bhadradri Kothagudem District, Kothagudem The Revenue Divisional Officer, Kothagudem division, Kothagudem Bhadrad ri Kothagudem District, Hyderabad, State of To, 1 2 3 4 The Tahsildar, Sujathnagar Mandal, Bhadradri Kothagudem District, -- I I I

5. One CC to SRI P.RAMA SHARANA SHARMA, Advocate tOpUCl 6. One CC to SRI R.R.KALYAN, Advocate tOpUCl 7. Two ccs to GP FoR REVENUE, High court for the state of rerangana at Hyderabad [OUT] / B. Two CD Copies \ BSR BS fi_.- HIGH COURT DATED:01 104t2025 I ORDER WP.No.942S ot 2O2S I \ rHE s 14 ? 5 .r(y a6 fSr] "4 r cHqc a r ( DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1 ,?* (