✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025
Court
High Court of India
Decided
23 Apr 2025
Bench
Not available
Length
1,523 words

6. Smt. Thakur Saraswathi Bal, W/o. Bhikam Singh, Aged. 69 years, Occ. Household, R/o.H.No.9-'1-2241N112212, Laxmi Nagar, Langer House, Hyderabad-500006

7. Smt. Dharam Shantha, S/o. Kishan Singh, Aged. 62 years, Occ. Household, Rl/o.H.No.6-265, Paidjpally, Near Ayyappa Temple AND

1. The State of Telangana, Rep. by its Principal Secretary Revenue Department, ,..PETITIONER Hyderabad.

2. The District Collector, Janagaon District. 3. Revenue Divisional Officer, Gunpur District. 4. The Tahasildar, Jaffergadh Mandal,Janagaon District 5. Pilli Ramesh BABU, S/o. Late Pilli Narsingam Age 52 yrs, Occ. Govt Service No. 2-6511 , Jaffergadh V and M Janagaon Dist

6. Sunkari Sambaiah, S/o. Late Sukari Chandraiah Aged Major, Occ. Agriculture Ri/o. Jaffergadh V and M Janagaon Dist.

7. Sunkari Jampaiah, S/o. Late Sukari Chandraiah Aged Major, Occ. Agriculture Ri/o. Jaffergadh V and M Janagaon Dist B. Mrs. Sunkari Suguna, W/o. Sunkari Jampaiah Aged Major Occ. Housewife Rlio. Jaffergadh V and M Janagaon Dist. ...RESPONDENTS 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, Order or direction, declaring the action of the Respondents 2 to 4 in not implementing the Survey report dated 3-4- 2021 of Mandal Surveyor of office of Respondent No.4 by taking any action against the illegal acts of Respondents 5 to B in removing the boundary stones in Sy No. 256 in spite of fixation of the boundary in Sy no.256 by the Mandal Surveyor of the office of Respondent No.4 vide Survey proceedings dated 3-4- 2021 by way of tonch and location maps by identifying the said Sy No.256 and also not considering the representation dated 24-2-2025 made by the petitioners herein to the Respondents 2 to 4 as violative of Articles 14, 19,21 and 300- A of the Constitution of lndia and consequently to direct the Respondents 2 to 4 to strictly implement the survey report daled 3-4-2021 of the Mandal Surveyor of Respondent No.4 office identifying the land in Sy No.256 by fixing boundaries and also erecting boundary stones by way of tonch and location maps and also to act on the representation daled 24-2-2025 of the petitioners by taking appropriate action against the Respondents 5 to 8 for their illegal acts of removing the boundary stones of Sy No.256 fixed by the Mandal Surveyor of Respondent No.4 office. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 2 to 4 to strictly implement the survey report dated 3-4- 2021 of the Mandal Surveyor of Respondent No;4 office identifying the land in Sy No; 256 by fixing boundaries and also erecting boundary stones by way of tonch and location maps ahd also to act on the representation dated 24-2-2025 o,t the petitioners by taking appropriate action against the Respondents s to g for their illegal acts of removing the boundary stones of Sy No.256 fixed by the Mandal Surveyor of Respondent No;4 office. Counsel for the Petitioners: SRl. M ANAND KUMAR Counsel forthe Respondents No. 1 to 4: SRI L. RAVINDER, AGp FOR Counsel for the Respondents No. 5 to 8: - The Court made the following: ORDER REVENUE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.1 2182 of 2o.25 This Writ Petition is filed seeking the following relief:- "... to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, ordcr, or direction, declaring the action of re spondent Nos.2 to 4 in not implementing the survey report, dated O3.O4 .2021 of Mandal Surveyor of respondent No.4 by taking any action against the illegal acts of respondent Nos.S to 8 in removing the boundary stones in Sy.No.256, in spite of hxation of the boundary in Sy.No.2S6 by the Mandal Surveyor of the ofhce of respondent No.4 uide Survey proceedings, dated O3.O4.2O21 by way of tonch and location maps by identilying the said Sy.No.256 and also not considering the representation, dated 24 .O2 .2025 made by the petitioners herein to respondent Nos.2 to 4 as violative of Articles 14, 19 , 21 and 3OO-A of the Constitution of India and consequently to direct respondent Nos.2 to 4 to strictly implement the survey report, dated 03.O4.2O2 1..."

2. It is stated that the petitioners are the owners and possessors of the land admeasuring Acs.2.77 guntas in Sy.No.256 and its sub-division numbers, situated at Zaffargadh Village and Mandal, .Iangaon District. It is further stated that 2 CVBR, J Wp 12182,2025 when disputes arose and the neighbouring o\ /ners have caused inconvenience for enjoyment of the subject property, the petitioners were constrained to make F -Line application seeking to conduct survey as per the circular instructions issuccl by the Commissioner, Survey and Land Records lrom time to time. It is further stated that, acting on the said F-Line application, survey was conducted by the Mandal Surveyor on O3.O4.2O21 and after localization of the land, boundary stones wcre also fixed for the lands in Sy.No.256. It is further stated that, as respondent Nos.S to 8, who are the adjacent land owners, are disturbing the boundaries and removing boundary stones, the petitioners have made a representation, dated 24 .O2.2O25 to prevent respondent Nos.5 to 8 and to implement the survey report, dated O3.O4.2O21. The grievance of the petitioners 1s that, even after receipt of the said representation, the respondent authorities did not consider the same.

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Governmcnr Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is being disposed ol al the adrqission stage. In view of the nature of relief soughL for in J CVBR, J wp 12182 2025 this writ petition, issuance of notice to the unofficial respondents is dispensed with

4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that ac[ing on the F-Line application submitted by the petitioners, survey was conducted in terms of the various circulars issued by the Commissioner, Survey and Land Records and following the procedure contemplated under the provisions of the Telangana Land Revenue Act, 1317 Falsi and the Telangana Survey and Boundaries Act, 1923.

5. As seen from the record, the case of the petitioners is that even after conducting the survey and localization and hxation of the boundaries, the neighbouring owners are interfering with their peaceful possession and causing obstruction for their \ enjoyment. Once the survey was conducted, there is no role whatsoever of the revenue authorities to interfere with the possession of either of the parties. It is for the person, who is aggrieved and makes a claim that some third parties have illegally interfered or third parties are in possession of excess land, to take appropriate recourse by approaching the competent civil Court for obtaining necessary orders to prevent lhe interference of the neighbouring owners over the lands for I * -- \--, \1 ". .i CVBR,.I Wp 12 I 82 202_i which the survey was conducted. There is no role whatsoever of the respondent authorities, after conducting survey, to decide the validity or otherwise of the survey or to interfere with thc patta rights of either of the pedtioners or the unofficial respondents, in any manner, except deciding appeal filed by the aggrieved parties on survey reports. Therefore, the writ petition filed is misconceived and the same is liable to be dismissed. 6. Accordingly, this Writ petition is dismissed. There shall be no order as to costs 7 As a sequel, the miscellaneous petitions pending, if any, shall stancl closed. //TRUE COPY// SD/. L.VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER To, 1 One CC to SRI M.ANAND KUMAR Advocate I 2 Two CCs to GP FOR REVENUE, High Court fo UC] e State of Telangana touTI Two CD Copies 3 BGS ) -, ., -:t' -.,!.;.. . HIGH COURT CVBR, J DATED: 2310412025 ) ORDER WP.No.12182 ol2025 1rri S-!+\ I q t +':] zs ur\ 2[25 \r t oEspatc rr€o i DISMISSING THE WRIT PETITION WITHOUT COSTS 1 z)> L< \

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