High Court · 2025
Case Details
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ila-mgll,lyglla_Reddy, S/o.Late^Sri S.Gopat Reddy, Aged about 77 years, ucc. Ketrred, tangtoor Village, Shankarpalli Manddl, Ranqa Reddv District. presently at 25,. Catania, Newport Coast, CA-92652, U.S.nlCep. Ot'pow;;i Attorney, Billa Keshavulu. ...PETITIONER AND 1 2 3 4 5 6 7 The State of Telangana, Rep. by its principal Secretarv, Revenue Department, Secretariat Buildings. Hyderabad. The District Collector, Ranga Reddy District, Kongara Kalan, Ranga Reddy District. The Revenue Divisional Officer, Chevella Division, Chevella. Ranga Reddy District. The Tahsildar, Shankarpalli Mandal, Shankarpalli, Ranga Reddy District. The Dep-uty lnspector of Survey, Chevella. Office of the Revenue Divisional Officer, Chevella Division. Ranla Reddy District The Assistant Director of Survey and Land Records, Ranga Reddy District, Collectorate, Kongarakalan. Shetti.Baswalingqq alias Basappa,_S/o. Late Veerappa, Aged about 60 years, Occ. Agjiculture, R:/o- Shankar!;lli post and lr/andai,'(S'andareOOy nojAi, --' Ranga Reddy District. ...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 a writ, order or Direction more particularly one in the nature of Mandamus, declaring the Notice issued by the Sth Respondent in Rc.No.B/1004/2025, incorrectly postdated as 29.O4.2025 (served on 22.04.2025), in respect of demarcation of Sy.No.497 of rangtoor Village, shankarpalli Mandal, Ranga Reddy Disirict, which land has a common boundary with Sy No 498' out of which, Ac.12.07 gts of agricultural land belongs to the petitioner' as illegal' arbitrary, without jtrrisdiction, and violative of Articles '14 19('1 Xgl' 3004 of the Constitution of lnc ia and consequently set-aside the same IA NO: 1 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecirCumstelncesstatedin the affidavit filed n s;upport of the petition, the High Court may be pleased to stay theNoticeissuedbythesthRespondentinRc.No.B/1004/2025,incorrectly postdated as 29.04.2025 (served on 22 04 '2025)' pending dispor;al of the Writ Petition. Counsel for the Petitioner: SRI P. ROY REDDY Counsel for the Respondent Nos.1 to 6: GP FOR REVENUE Counsel for the ResPondent No.7:-' The Court made the following: ORDER HON'BLE SRI T'USTICE C.V. BIIASKAR REDDY trIRIT PEIITIONNo.13529 of 2o/25 ORDERJ It is stated that the petitioner is the owner and possessor of the land admeasuring Acs. 12.07 guntas (out of Acs.27.7g guntas) in Sy.No.49g, situated at Tangtoor Village, Shankarpally Mandal, Ranga Reddy District. It is further stated that the name of the petitioner and his predecessors_in_interest recorded in all the revenue records from Chessala pahani.and thereafter, pattadar passbook No.TOS240i3 Ollg uide Khata No.255 was issued in his favour under the provisions of the Telangana Rights in Land and pattadar passbooks AcL, 2O2O (for short "the Act 9 of 2O2O"). It is further stated that, when disputes arose over the subject land, at the instance of *te petitioner ald others, surveys have been conducted twice as per the circular instructions issued by the Commissioner, Survey, Settlement ,ra Urra Records. The grievance of the petitioner is that, though survey has already been conducted, acting on the application submitted by respondent No.7, the respondent authorities have issued the impugned notice to conduct demarcation of Sy.No.49g. t-'' 2 CVBR, ] wp l3 529-2025
2. Considerr:d the submissions made by the learned ( ounsel for the petiti'lner and Sri L'Ravinder' learned As;sistant GovernmentPleaderforRevenrreappearingforresprondent Nos.lto6zrrLrlwiththeirconsent,thiswritpetitionil;being disposed of ar- the admission stage ln view of the r-ra ture of relief sought rtrr in this writ petition, issuance of notic(: to the unofhcial res;pondent is dispensed with'
3. Sri P.J?o'g Reddy, learned counsel for the petitioner' has vehementl-.r' contended that once the survey hat; been concluded, a frerson, who is aggrieved by the survey co rducted by the Mandal Surveyor, may hle first appeal bef'lre the RevenueDi.gisionalOflrcerandifapersonisaggrievedbythe survey conclr-r<:ted by the Deputy Inspector of Survey' he may file second appeal before the Assistant Director of Suruey and Land Records, but respondent No'7 do not have any right to make fresh al)plication for conducting survey again al'd again for the very same extent.
4. A caref ul examination of the record, pima facie' it appears thrlt if the survey is conducted strictty in acr :ordance with the prr:r'isions of the Survey and Boundaries Act' 1923 and the circular instructions issued by the Commissioner, Survey' ,, 3 CVBR, J wp_t3s29 2025 Settlement arrd Land Records, the respondent auttrorities do noL have any power or authority to conduct the survey again and again at, the instance of respondent No.7 or at the instance of the third pa_rties. Since it is stated that_ the petitioner has already submitted his objections to the impugned notice, this Court is of the view that the ends of justice would be met, if respondent No.S is directed to consider the objections raised by the petitioner before conducting the survey and thereafter proceed with the same, if so warralted under the facts and circumstances of the case. 5 With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 6 As a sequel, the miscellaneous petitions pending, if any, shall s-t4q_q[_ clo_sed. , SD/- T. CHANDRA SEKHAR REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER District. District. State of T6lanqana, Hyderabad. 1- The Principal Secretary, Revenue Department, Secretariat Buildings' The z. ir,?b"idtiiii co-rG"iirr, hlngiR"oov District, Kongara Kalan' Ransa Reddv e. iht'ii;u"nue Divisional officer, chevella Division, chevella. Ranga Reddy +. fn"e'iihsiraar, shankarpaili Mandat, shankarp_alli, Ranga Reddy District. ;. +il; ililil1;#;i;i;iS-,{"1v, CJ''evetla office of the Revenue Divisional 6. The Assistant Director oi SurveVanO Ldnd Records, Ranga Reddy District' 7. O;;-CE to,-bri P."Rov Reddv' Advocate [OPUC]^ 8. Two ccs to Gp ro' n"uJiI6i High court'tor the-srate of Telangana. [oUT] 9. Two CD CoPies Officer,'Ch-evella Division. Ranga Reddy ulstnct Collectorate, Kongaraka lan. To, TJ HIGH COURT CC TODAY DATED:3010412025 ORDER WP.No.13529 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS >..-. \ \ --= \,E ST4i e o l [ 2 i'iiiY zufi o ".\ J.- .i -.4 / k ( -) lc: ''). \\7\'. t\.. '\i.