High Court · 2025
Case Details
1 Mr. Madanu Balaswamy, S/o. Madanu lnnaiah, Aged about 53 Years' Gender nvo )-ai, kamma Guderi, Alair Mandal,Bahad urpet' .' M;L. o;;. Aliar, Nalgonda District,Telangana-50810'1. Mr. Itrladanu Joseph, S/o. Madanu lnnaiah Aged about 48 Years' Gender' it'irr". bii.briin&s, ruo. z-as, Kamma Gud6m, Alair Mandal' Bahadurpet' Aliar, Nalgonda District, Te!angana-508101 . 2 ...PETITIONERS AND 1 The State of Telangana, Revenue Department [ep py lt's Chief secretory riil:#i'It l"bii,tJiit eRr Bharrn, Libertv' Hvderabad, Telansana state' The District Collector, Nalgonda District Telangana State' 2 J 4 5 t) TheRevenueDivisionalofficer,NalgondaDivision,NalgondaDistrict' Telangana State. The Mandal Revenue officer, Aleru Mandal, Nalgonda District Telangana State. The Assistant Director, o/o The District Survey and land records, Nalgonda District Telangana State. The lnsoector of Survey, O/o The District Suryey and land records' e';hjiriiJiVilhf{ nitiiu-tvtanoal, Nalsonda District, Telansana state' ...RESPONDENTS Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may..be ;i";;; b i.*e writ of Mandamus or any other appropriate writ' order 9l d]1":I9" io-tn" ,".ponOent No. 4, to the consider the representation dated 24.02.2025 given by the petitioners and consequently set aside the notice daled 28 '01 '2025 iio" rit" No. DER022401120354, issued by the respondent No' 4'.as without ioffo*ing the procedure contemplated under the Act as illegal' null and void without following due process of law '! IANO:1OF2 024, Petition Lrn ler s)ection 151 cpc praying that in the r;ircumsl ances stated in the affidavit file J n support of the petition, inJ Hign court rnay oe :teaseo to slay 9f-fl-f-ufher prc *:err ngs in pursuance of the notiie dated z.a.cr.zczs vide fire No. DERo224o 1 1 2c 3t; 4 tr}, co nsid ering the petitioner representa tio n d al ed 24.02.202s, Counsel for the F,etirioners: SRl. D RAGHAVULU Counsel for the Ftes;pondents: SRI L. RAVINDER AGp FOlt REVE NUE The Court made the following: ORDER i l I ! l I n HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1 LO26 of2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....toissuewritofMondamusorrlnlJotherTppropria-te^lDitorderor i"sider t:r.e representation dated rTirection to respondent uo.+ iiri -oid .:ons..quinrty aside lhe 24.02.2025 giuen bv n" pr'liitmJ" notice dated 28.01.2025 tot'"1i"" X"'oeRo22-401 t 20'3.54- issued bg resoondent No.4 as wifhout Jribl*,ing' ,ii proredure conl-e-mploled under thi Act as iltegal, nutf ona uori'"riitiiu-t pito*ing due process of laut and 'se"t
2. Considered the submissions of learned counsel for the petitioners; Sri L Ravinder, learned Assistant Government Pleader for Revenue appearlng for the respondents and with their consent this writ petition is disposed of at the admission stage' It is stated that the petitioners are the owners and possessors 3. of lands which are adjacent to Sy No' 118 of Bahadurpet Village' It is further stated that the petitioners have submilted an application for sanction of loans by depositing the title deeds and instead of releasing the loan amounts' the Bank of Baroda has instituted O.A.No.260 of 2023 against the petitioners under the provisions of the SARFAESI Act,'and the same is pending for adjudication; and challenging the Sarfaesi proceedings' the petitioners have f,rled S.A.No.113 of 2024 before the Debt's Recovery Tribunal-l' 2 Hyderabari r, rr,1 the same is pending for adjudic:rtior.. I is further stated that. ,1r ring the pendency of the said cases, ar:,ing on the applicati:r L ,;--rbmitted by one Mr. K. Gopal, s,:el<ing [o conduct surve)/ (,\, :r' ,he lands in Sy.No.1 18 of Baha<lurr,e t ./illage, the respondr n s lrrrve issued a notice dated 2g.01.2 o2it lor r:onducting surveS. in 'osF,ect of the subject lands, therefcr::e, thc petitioners have sut r itrr'ri rcpresentation dated 24.O2.2O2:; rerlucr ting not to conduct st ir\,trr. as there are pending litigationr; irr res .rect of the subject f r( per'1y. but till daLe the said representa tio:,r h: s not been consider< d
4. Sri l ll:rvir-rder, learned Assistant GoverrLment I ,leacler for Revenue l1 pr:;r -ing for the respondents submitterl th 1t tl ere are no interim r rrlels; restraining the respondents for exccut,on of the orders pas:;e<l n O.A.No.26O of 2023, and in te,t.ms 01. the orders passed il L).A.No.26a of 2023, the respondents ha. e already conducterl ,11..t io,, and to demarcate and local.ze thr: auctioned properly, c,r rc I,4r. K. Gopal submitted an applicaticn, itnc acting on the samr . t te survey department has issur.rl nol i( e to the petitioner,; ,Lr c otl-rers, who are interested and <: Teclt:d larties by the said s l1 ,rc\ .
5. In I ie ,,r, ,r ! rhe said submissions, since it is l;tatr d that in terms o[ tle or.ders in O.A.No.26O of 2023, and rLr:tir,g on the applicatiorr :;r;lrrnrtted by the auction purchaser, thr rer.,pondents i I 3 have proposed to conduct survey, this Court is of the opinion that ends of justice would be met if the respondents are directed to examine the representation dated 2a.O1.2O25 submitted by the petitioners before conducting survey. The respondents are further directed to conduct sur-vey strictly in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No' VIII of 1317 Fasli), the Telangana Suwey and Boundaries Act, 1923, and the Rules framed thereunder, and the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to trme. 6 With the above observations, this writ petition is disposed of No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed I To, SD/.S.M ALLIKARJUNA RAO SSISTANT REGISTRAR ,/ //TRUE COPY// SECTION OFFICER epartment situated at 2 2 4 langana State 1 The Chief secretary, State of Telangana' Reven l#"Uri;GilK'Etijrin, [lo"rtv' Hvlerabad' re The District Collector, Nalgonda District Telangana State' TheRevenueDivisionalofficer'NalgondaDivision,NalgondaDistrict, Telangana State. The tr/landal Revenue Officer, Aleru Mandal' Nalgonda District Telangana State. The Assistant Director, o/o The District Survey and land records' Nalgonda District Telangana State. The lnsoector of Survey, O/o The District Survey.qnO fa-nO i'i[rii,YpJiViii";;'Aidi' v6il;'-Gigondi District' reransana state One CC to SRl. D RAGHAVULU Advocate IOPUCI records' r, 5 7 & HIGH COURT DATED:1 110,412025 t, .\ \ ORDER WP.No.11A26 of Z02S ,aa-,=,1: i+t " iA r4: J o (J 2tt llil M 7_ o Ar \:: 1.,.,\ r. us-1) DISPOSING THE WRIT PETITION WITHOUT COSTS ,< ?.1 4. ,'/' tt{ /'2 //