Velqandula Sattanna, S/9 v. The State of Telangana

Petition under Ar:ligle 226 of the Qonstitution of lndia praying that in the circumstanQes stated in the affidavit filqd thereWith, the High Court may be pleased to issue Writ, order or DireQtion, more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondenls no 3 to 5 in conducting the sub divisiOn survey ap/ fixing the boundaries of agricultural land admeasuring Ac. 1.13 Gts in Sy. No. 805 and Ac. 0.23 Gts in Sy. No. 71212 silualed al Rajaram Village vide F-line petition application no DER022300971397 dated 2110712023 and also another F-Line petition application number no DER022200822695 and notice dated 03t09t2022 respectively as illegal, void, arbitrary and violative of Article 14, 21 , and 3004 of constitti'tjpn of lndia and consequently issue directions to the respondent no 3 to 5 to conduct sub division survey and fixing the boundaries for the land in survey No 712 and 805 situated in the Rajaram Village sivaru as per the application of the petitioners. A NO:1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in lhe affldavit filed in support of the writ petition, the High Court may be pleased to direct the respqndents no 3 to 5 to gonduct the sub division survey and fixing the boundaries ef agricultural land admeasuring AC. 1.13 GtS in Sy. Np. 805 Ac. 0.?3 Gt$ in Sy No 712t2 situaled at Rajaram Village sidq F-line petitlon application na DER022300971397 dated 21.07.2023 and also angther F;Line petition ppplication number no 0ER022200822695 and nQtice dateQ 0110912022. Counsel for the Petitioner: SRI SAMBARAJULA KARTHIK Counsel for the Respondents: GP FOR REVENUE The Court made the following: OBDER t ORDER: HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9835 of 2025 It is stated that the petitioner is the owner and possessor of the land admeasuring Ac. 1. 13 guntas in Sy.No.805 and Ac.0.23 guntas in Sy.No.712/2, situated at Rajaram Village Sivar, Dharmapuri Mandal, Jagtial District. It is further stated tlat the said property is ancestral property and the petitioner had acqyired the same in a partition with his brother and he has been in possession and enjoyment of the said property from the date of partition. It is fUrther stated that the name of the petitioner is mutated in the revenue records and the revenue authorities also issued pattadar passbook No.T18O3OO5 1102 utde Khata No.25O2 in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"). It is further stated that when there is a dispute with the adjacent pattadars with.regard to the boundaries, the petitioner has made F-Line application seeking for conducting F-Line survey of Sy.Nos.712 and BO5 uide application No.DERO222OOa22695 and. acting on the said application, respondent No.5 issued notice, dated O3.O9.2O22 but failed to conduct the survey. It is further stated that the petitioner also made another F-Line application bearing No.DER0224O1081632, dated 13.O7.2024 seeking for : CVBR, J wp 9835_2025 conducting sub-division survey and fixing the boundaries by paying the required fee and furnishing the details. The grievance of the petitioner is that even after receipt of the said applications, the respondent authorities did not conduct the survey.

2. Considered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 5 and with their consent, this writ petition is being disposed of at the admission stage.

3. karned Assistant Government Pleader for Revenu6 has submitted that pending the petitioner's application for conducting of survey, the neighbouring pattadars have instituted a suit uiCe O.S:Nb.36O of 2022 on the file of the Junior Civil Judge-cum- Judicial Magistrate of First Class, Dharmapuri and aiso obtained an ad interim injunction order in I.A.No.3O6 of 2022, dated

29.O8.2O24. Learned Assistant Government Pleader further submits that, in view of the injunction order granted by the civil Court, unless the said injunction order is vacated, the respondent authorities could not conduct the survey.

4. A careful examination of the facts would reveal that the petitibner is clreiming rights over the properties in Sy.No.8O5/2})J I .,) CVBR,.J Wp_9835 2025 and Sy.No.712/2. Admittedly, a civil suir is pendingr,and injunction orders are in operation. If the petitioner is aggrieved by the said injunction orders and as there are disputes with regard to the identification of the property, the petitioner is entitled to make appropriate application for conducting survey and identilication of the properties in the pending suit. In view of the fact that the petitioner is having an efficacious alternative remedy of hling an application in the pending suit, this Court is of the opinion that the present writ petition filed is misconceived and the same is liable to be dismissed.

5. Accordingly, this Writ petition is dismissed. There shall be no order as to costs.

6. As a seq uel, the miscellaneous petitions pending, if. .any, shall stand closed. To,

1. One CC to Sri Sam 2. Two CCs to GP for HyderabadIOUT] 3. Two CD CoPies TJ BS fntq- //TRUE COPY// SD/.L. VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER barai ula Karthik, Advocate I Reve nue, High Court for the C lof r"lungrn", "t I HIGH COURT DATED:02104t2025 ORDER WP.No.9B35 of 2025 HE STA r6: 1 -) (J 2 7 I'ltY 2m5 z a a- t;)' DISMISSING THE WRIT PETITION WITHOUT COSTS Mq, ,r\9 \,4