High Court · 2025

Judgment

2. J.

5. The state of Telangana, Rep. by its Principal secretary, Revenue Department, Secretariat Building, Hyderabad 500022 The District Collector, Sanga Reddy District. The Revenue Divisional Officer, Sanga Reddy District. The Tahsildar, Patancheru Mandal, Sanga Reddy District. The Assistant Director, Survey and Land Records, Sanga Reddy District ...RESPONDENTS

Petition under Article 226 o'{ the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or Direction declaring the action of the respondents interfering in the peaceful possession and enjoyment of the petitioner's land bearing Sy. No. 341 , 391 , 392, 395, 396, 397, 398, 404, 405, 406, 408, 409, 410, 411, 412, 413, 415, 416, 417, 418, 419, 420, 435, 436, 443 admeasuring 83 acers and 33 guntas situated at Nandigama Village of Patancheru lVlandal, Sanga Reddy District without following the due process of law is illegal arbitrary unconstitutional and against the fundamental rights of the Constitution of lndia consequently direct the respondents 3 to 5 not to interfere the peaceful possession and enjoyment of the petitioners ,,1 lands in bearing Sy ll,:. 347,391 ,392,395,396, 397, 398, 404. r'05, 406, 408, 409, 41O, 411, 4'')- 413, 415, 416, 417, 418, 419, 42A, 1':'5, 436, 443 admeasuring 83 ac e rs rnd 33 guntas situated at Nandigamar Village :f Patancheru It/landal, Sanga fle,crd,, District without following the due proce:;s o law is illegal arbitrary unconslitut ott al and against the fundamental rights of :he t)onstitution of lndia and violative o1 he principles of natural .justice apart frorr beirrg violative of Articles '1 4,199 anc 2€ [ of the Constitution of lndia and cqnsequentl',' set aside the same in the inter,:sts r,f justice. lA NO: 1 OF 2025 Petition und:. Si,:ction 15'1 CPC praying that in the c rcurnstalces stated in the affidavit filed i'r sroport of the writ petition, the High (lourt miry be pleased direct the resporrderrt; to stay all further proceedings, includiirg ccnducting the Survey until lhe Ci,;ocsal of the present writ, pursuant to the nctice issued by the 5th Respondent, rrr sr, rvey notice No. A3l10OBl2O24 dated 07-04-2(t25 in lands in bearing Sy. No. .147 :]'11, 392, 395, 396,397, 398, 4O4,4A5,416 ,:08, 409,410, 411, 412, 413, 414, 4't), 417, 418, 419, 42O, 435,436, 443 adnreas.rring 83 acers and 33 guntas sil:uirto(l at Nandigama Village of Patancheru ltrlandal, Sanga Reddy District, pending disoosal of the Main Writ Petition. Counsel for the Peititioner: Ms. HIMANGINI SANGHI Counsel forthe Respondents: AGP FOR REVENUE The Court made the f rllowing: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.11214 of 2o25 I i ORDER: This writ petition is filed praying this Court to declare the action of the respondents in interfering with the peacelul possession and enjoyment of the petitioner's land admeasuring Acs.83.33 guntas, situated in Sy.Nos.347, 391, 392, 395, 396, 397, 398, 404, 405, 406, 408, 409, 4tO, 4l.t, 4r2, 4t3, 415, 416, 417, 418, 4lg, 42O, 435,436 and 443 ot Nandigama Village, Patancheruvu Mandal, Sanga Reddy District, without following due process of law, as illegal, arbitrary and unconstitutional and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs-83.33 guntas, situated in Sy.Nos.347, 391, 392, 395, 396, 397, 39A, 4O4, 4O5, 406, 4O8, 409, 4ro, 411, 412, 4\3, 415, 416, 477, 47a, 419, 420, 435, 436 and 443 of Nandigama Village, Patancheruvu Mandal, Sanga Reddy District, having purchased the same under various registered sale deeds. It is further stated that the iand admeasuring Ac.82.08 guntas in the aforesaid surwey numbers was converted from agricultural to non-agricultural purpose '// 2 :,; CVBR, J \\r r I 121,1 2025 uide prrrc,:r'li1gs No.A2/384312017, dated nil.09.2Ol''. The grievan( er o' the petitioner is that thc responrlent au hor-ities, q,ithout 1o I 1 't ir-rg due procedure unde r 1211:, a1'l [r equently irrterlrrint, 'rilr the peacelul possession o[ th, pn il orcr over thc sublcr:l lir rcl under the guise of conducting F-Lir-re s,un,ey rn terms ol thr: suwey notice, dated 07.O4.2O25. HcrLce , this writ petition.

3. Consil:red the submissions of the learnerl cotnsr:l for the pcLitioncrr; i rncl learned Assistant Governmcnt PlerLdel for Revenur rrrp r aring for respondent Nos. 1 to 5 an,l -w th their consent tlrir r.'rit petition is being disposed of :rt tbc .t<lmission stage.

4. Le au n,: I counsel lor the petitioner has strr nuously contend,lc I r 3 t afte r conducting survey only the ent irt, and has been c:on r r r t:cl and once the land was con..erLr'd from agricuitrrr r t, non-agricultural purpose as per r,hc prov isions of the Telzr-rg,z'n I Land Revenue Act, 1317 Fasli and the 'It langana Agricultrrral L ar-rd (Conversion for Non-Agricu.tur:Ll P,rrposes) Act, 2Orla, rlre plot owners are not entitlerl to ntrrke any applicatjorr o conduct F-Line survey. Learned col nse for the petilioner ir .. her contended that F-Line survcl, is rnl-y for I I 3 CVBR, J wp I l2l4 2025 agricultural lands for field measurement by using chain system, chain survey, trTS or DGPS methods but not the lands rvhich were already converled.

5. Learned Assistant Government Pleader for Revenue appearing for respondents, has submitted that as per the provisions of the Survey and Boundaries Act, 1923, if a person, who aggrieved by the surwey conducted by the Mandal Surveyor, I t he may file first appeal before the Revenue Divisional Officer and if a person- aggrieved by the survey conducted by Deputy \ I Inspector of Survey, he may file second appeal before the Assistant Director of Survey and Land Records.

6. In view of the above submissions and since it is stated that the petitioner has already submitted objections, dated 7O.O4.2O25 to the survey notice, dated O7.O4.2025 in File No.A3/ lOO8l2024, this Court deems it appropriate to dispose of this writ petition, directing the respondent authorities to conslder the petitioner's objections before proceeding with the survey being conducted on 15.04.2025 il the surwey has not been conducted on that day. Further. If the survey has been conducted without considering the above objections, the petitioner is at liberty to file an appeal before the Revenue 4 C \/T]R. J \\r Ill1,1 2025 Division:il t.) Iiccr in accordancc with the circrtlat ins rut'tions issued trr- t1 u Commissioner, Survey and Land llecord s 7 . W it r 1r r abovc observations, this Writ Per-ition is :lisposed of. Therr: sirr I be no order as to costs.

8. Ar; r s:quel, the miscellaneous petitions penclinll, if any, shzrll strLnc i'l,rsed. //TRUE COPY// SD/. L. VIJ/\YA LAKSHMI r REGISTRAR 45STSTAN tecrroru oFFrcER Etariat l3urlding, The state I J To, t I I 2, 4 5 6 7 8 TJ KKS

1. The Principerl :;rrr;retary, Revenue Department, Sec of Telangzrn,a F ),derabad 500022 The Distrir;t 3()l ector, Sanga Reddy District. The Reverrue li'risional Officer, Sanga Reddy District. The Tahsildar, I)atancheru Mandal, Sanga Reddy District. The Assisr.arrt tir"ector, Survey and Land Records, Sanga F{edcy District One CC k) l41s Himangini Sanghi, Advocate [OPUC] Two CCs t:o rl,f'}for Revenue, High Court for the State of T:lanqana, at Hyderabad [OU1-] Two CD C opie s l i I I I I I t ! i I I i I i HIGH COURIT' DATED:15tCl412025 ORDER WP.No.11214 of 2025 zi:=--. )11jr tti l: j 19 jijtr M 1i. z o i I I I i I I I I I , I i l i I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS lest-6