✦ High Court of India · 02 May 2025

WRIT PETITION N o: 13959 0F 2025 v. Revenue, Secretariat, Hydeiabdd

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,110 words

Petition under Articte 226 of the Constitution of tndia ,rriff:;:i?ft[: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of Writ of Mandamus declare the action of the Respondent No.5 herein in conducting impugned sub crassification of patta rand into various survey numbers by virtue of location and Sketch vide File No.G/662/663 and 664t2o17 without providing opportunity to me, as being iflegar, arbitrary and viorative of Articles.14, 21 and 300 (A) of the constitution of rndia and as weil viorative of stalutory provision and further decrare the inaction of the Respondent No_2 herein in not considering petitioner representation dared. 2g.o4.2025 as being illegal, arbitrary lA NO: 1 OF 202 5 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 suspend the impugned Location and Sketch of sy.No.9g pa(, .136 part and -137 I _ ___________7/ r' of chinna Gorkonda Vi age, Shamshabad Mandar, Ranga Reddy District vide File No G/662/663 and 66412012, pending disposar of the above writ petittn Counsel for the Petitioner: SRI V. RAGHUNATH, SENIOR COUNSEL FOR Ms. VEROSE SANJANA 1 Counsel for Respondent Nos. 1 to 3 & S: cp FOR REVENUE Counsel for Respondent No. 4: Gp FOR HOME Counsel: SRI VEDULA SRIN|VAS, SENTOR COUNSEL The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.13959 of 2o25 ORDER It is stated that the petitioner is the owner and possessor of . the agricultural land admeasuring Ac.1.O9 guntas in Sy.No. 136; Ac. 1.2O guntas in Sy.Nos. 135 and 142, situated at Chinnagolconda Villagc, Shamshabad Mandal, Ranga Reddy District, along with other lands. It is further stated that the name of the petitioner was mutated in all the revenue records and he was also issued pattadar passbook No.TO52304OOO45 uide Khata No.239 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. The grievance of the petitioner is that respondent No'5, without issuing any notice to the petitioner in terms of the circulars issued by the Commissioner, Survey, Settlement and Land Records vide Rc.No.N 1/6543/99, dated 25.O7.2OO1, Rc.No.N 1/ 14O8l07' dated

13.07.2OO7, and Rc.No.N2/ l74l|2OLO, dated 18.05.201O, is trying to conduct survey and prepare sub-division of the records for the lands in Sy.Nos. 135, 136 and 142 including part of the land of the petitioner. Hence, this writ petition.

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage. 2 CVI]R, J wp 13959 202s \

3. Sri V.Raghunath, learned Senior Counsel representing Ms.V.Sanjana, learned counsel for the petitioner, has submitted that the proccdure adopted by the respondent authorities is in violation of the principles of natural justice and therefore, this court can exercise its extraordinary iurisdiction under Articre 226 of the Constitution of India declaring the sub-division preparation as illegal and consequently, set aside the same. 4- Sri Vedula Srinivas, learned Senior Counsel appearing for the land owners in Sy.No.l36, submitted that they were not made as party respondents but they have filed a caveat and they are also interested and effected, if any appeal is filed. Therefore, tJre appellate authority is directed to dispose of the appeal after issuing notice to all the interested persons.

5. A verillcation of the record would reveal that the survey and sub-division records have been prepared on the request of the pattadars of the land in Sy.No. 136. The petitioner claims to be an adjacent owner disputing the sub-division prepared for the lands in Sy.No. 136. As per the circular, before conducting survey or preparation of sub-division records, it is necessary to issue notice to the adjacent pattadars and the persons, who are interested and effected by conducting survey. Since the procedure adopted by the respondent authorities is quite contrary to the aforesaid circular 3 CVBR, J Wp 13959 2025 instructions and in view of the petitioner having an efficacious remedy of hling an appeal before the Reveaue Divisional Officer seeking to conduct the survey or questioning the survey being conducted by the Mandal Surveyor, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to file an appeal, if he is aggrieved with the survey and if the petitioner flles an appeal questioning the survey report before the Revenue Divisional Officer (Deputy Inspector of Survey) or the appeal is forwarded to the Assistant Director of Survey and Land Records, they are directed to dispose of the said appeal as expeditiously as possible, preferably, within a period of two (O2) months from the date of receipt of a copy of this order.

6. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 1 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// sd/- P. PADMANABHA REDOY DEPUW RFfISTRAR sEcror{ drrrceR The Principal Secretary, Department of Revenue, State of Telangana, Secretarial, Hyderabad. The District Collector, Ranga Reddy District The Tahsildar, Shamshabad Mandal, Ranga Reddy District. The Station House Officer, Shamshabad Rural Ranga Reddy District. The Mandal Surveyor, Shamshabad Mandal, Ranga Reddy District. One CC to Ms. Verose Sanjana Advocate [OPUC] Two CCs to GP For Revenue ,High Court forthe State of Telangana. [OUT] Two CCs to GP For Home,High Court for the State of Telangana. [OUT] One CC to Sri Vedula Srinivas, Senior Counsel & Advocate [OPUC] Two CD Copies \,y I To,

2. 3. 4. 5. 6. 7. 8. 9. 10 rMBC \ I{IGH COURT CVBR,J DATED: 0210512025 leLAl ,4 s ,! t4J{ F 6 \* h lo.s 3 H3\ \P * a ! ,Q' 1 ORDER WP.No.13959 of 2025 I I ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS I \r< \ 1\

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