High Court · 2025
Case Details
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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 2 authority in not taking any steps for conducting the survey of the lands and fixing the boundaries to the agricultural lands i.e., Sy. No's. 515, Sy. No. 537, Sy. No. 538 and Sy. No. 539, situated at Chinnagundapally Village, Siddipet Rural Mandal, Siddipet District, considering the applications submitted by the petitioner dated 06-02-2024 and 04-10-2024, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violatrve of Article 14, 19 and 21 of the Constitution of India. Consequently, direct the respondent No. 2 authority to conduct the survey and fix the boundaries of the agricultural lands in Sy. No's. 515, Sy. No. 537, Sy. No. 538 and Sy. No. 539, situated at Chinnagundapally Village, Siddipet Rural Mandal, Siddipet District, considering the application submitted by the petitioner, dated 06-02-2024 and 04-10-2024. lA NO: 1 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 respondent No. 2 authority to consider the application submitted by the petitioner dated 06-02-2O24 and 04-10-2024 for conducting the survey and fix the boundaries of the agricultural lands in Sy. No's. 515, Sy. No. 537, Sy. No. 538 and Sy. No. 539, situated at Chinnagundapally Village, Siddipet Rural Mandal, Siddipet District. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel forthe Respondent No.1 to 4: AGP FOR REVENUE The Court made the following: ORDER 1{o N'BLE sRI JusTIcE c'v' BHASKAR REDDY T T ION No' o780 of2025 1 o E R This Wr it Petition is filed praying this Court to declare the ondent No'2 in not taking any steps for conductrng the boundaries to the agricultural lands tn situated at ChinnagundaPallY action or resp sur-veY and fixing Village, siddipet Rural Mandal' SiddiPet District, bY considering 1fie aPPlications submitted bY the petitioner dated 06 'O2 '2O24 ard as illegal, arbiffary and consequentlY, PraYed for other 537, 538 and 539' SY.Nos'515'
04.\o.2024 ' aPProPriate reliefs Considered the submissions made by the learned counsel for parties and with their consent' this writ petition is being 2 of at the admission stage' disposed g. the agricrrltural hc.O.255Ogts'' It is stated that the petitioner is the owner and possessor of lands admeasuring Ac'2'10 gts ' in Sy'No 515/c2' in Sy'No 537/e,1' Ac'o 1875 gts'' in Sy'No 538ee1 and Ac.O' 135o gts'' in Sy'No 539/ca1' total admeasuring gts ' situated at Chinnagundapally Village' Siddipet *r*, *^"0^i' Siddipet District' It is further stated that the name has been recorded in the reven,e records and the Lc.3.2775 O"tt'trl6r "lrn" 2 rr-,or:ot?t l revenue authorities also issued pattadar passbook in his favour in respect of the subject property uide Passbook No.T 10200090734, Khata No.1357. It is further stated that on the application submitted by the petitioner requesting to conducting survey of the lands in Sy.Nos.S15, 537, 538 and 539, the Mandal Surveyor has conducted survey and hxed the boundaries in the year 2011. It is further stated that respondent No.S, after a period of ten years from the initial survcy being conducted by the Mandal Surveyor has hled an application on the hle of respondent No.3-the Inspector of Survey and Land Records, for conducting survey and respondent No.3, in turn, conducted survey of the lands in Sy.Nos.S10, 513, 514 and fixed boundaries to the lands of the petitioner.
4. Learned counsel for the petitioner has vehementl5, contended that even though respondent No.3 is not having any power or authority to act as the original authority for conducting survey, without taking into consideration of the objections frled by the petitioner, survey has been conducted and panchanama was drawn on 11.O8.2023. Aggrieved by the said survey report and the panchanama prepared by respondent No.3, the petitioner has filed an appeal on the file of the Commissioner, Survey Settlements and Land Records (CSSLR). 3 CVBR, J Wp 10780 2025 Learned Assistant Government Pleader appearing for the 5, respondents would submit that as per the Circular instructions of CSSLR, the persons seeking for conducting of survey of the lands have to make an application on the file of the Mandal Surveyor and if the parties are aggrieved by the said survey conducted by the Mandal Surveyor, they are having remedy of hling an appeal on the f-rle of the Inspector of Survey at the office of Revenue Divisional Officer. Even second appeal before the Assistant Director' Survey Settlement and Land Records at the ofhce o[ the Collector' has also been provided. He further contended that the petitioner instead of liling an appeal before the Assistant Director, Survey Settlement and Land Records, stated to have filed an appeal on the hle of the CSSLR and hence, the appeal is not maintainable' In view o[ the above submissions, this Court deems it 6. appropriate to dispose of the writ petition permitting the petitioner to make a fresh appeal on the file of the Assistant Director' Survey SettlementandLandRecordsandintheeventoff-rlingsuch appeal, the Assistant Director, Survey Settlement and Land Records is directed to dispose of the same, after issuing notice to all the interested/ affected persons for conducting of survey, within a period of three (O3) months from the date of filing an appeal' 4 CVBR. J Wp 10780_202s
7. With the above observations, this Writ Petition is disposed of There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, i[ any, shall stand closcd //TRUE COPY// UMALA DEVI REGISTRAR ON OFFICER '/- a To, 1 The Principal Secretary to the Revenue Depa Hyderabad, State of Telangana. ent, Secretariat Buildings,
2. The Commissioner Survey, Settlement and Land Records' Hyderabad' 3. The lnspector of Survey and Land Records' Siddipet District' Siddipet' 4 The Deoutv lnspector of Survey anq La.nq Records' Office of Revenue Division, Siadipet, Siddipet Proper and ljrstrrct'
5. One CC to SRI K.VENUMADHAV' Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]
7. Two CD CoPies BSR BS HIGH COURT DATED:0910412025 ORDER WP.No.10780 of 2025 q I | .J !lo\'.,\i.9.. :t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS )1 @n {7\ 1 FE ST4r€ 2 6 ilAY 2025 ] ^ uE-;p.-=',.,)\",/.' -a', + ,.," . /' 1=::-:.. -.-'