Noorul Muqeeb v. The State of Telangana

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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of Respondent Nos. 2 to 5 in not conducting survey in respect of land admeasuring Ac.B.35 gts in Sy.Nos. 1431AA1t3, 1431AA114, 143tE1lAt1 , 1431EE211, 1431A211, 'l43lAA2l1, 143lE2ll, 143tEE1tA1 , 143tEE1tAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner despite of F-line Application No.A0D022500068729 dt.24to1l2O25 seeking to conduct survey of the petitioners land as illegal, arbitrary, a violation of principles of natural justice and violate of Article 300-4 of the Constitution of lndia and consequently direct the Respondent Nos. 2 to 5 to conduct survey, demarcate and fix the boundary stones in respect of land admeasuring Ac.8.35 gts in Sy.Nos. 1431AA113, 1431AA114, 143lE1lAl1, 143lEE2l1 , 14314211, 1431AA211, 1431E211, 143lEE1lA1 , 143lEE1lAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner by considering the F-line Application No,AOD022500068729 dt.2410112025 in the interest of justice. |.A.NO:1 OF 2025 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 to direct the Respondent Nos. 2 to 5 to forthwith conduct survey, demarcate and fix the boundary stones rn respect of land admeasuring Ac.8.35 gts in Sy.Nos. 143144113, 143t4A1t4, 143tE1tAt1 , 143tEE2t1, 143tA2t1, 143tAA2t1, 143tE2t1, 143lEE1lA1 , 143lEE1lAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner by considering the F-line Application No.AOD022500068729 dt.2410112025 in the interest of justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRI K.CHAITHANYA Counsel for the Respondents: AGP FOR REVENUE The Court at the stage of admission made the following ORDER - THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.148O7 of2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief 143/82/ 1, 14s/AA2/ 1, ". . . .to i-ssue an appropiate Wi| Order or Direction more particularlg one in the nature of Wit of Mandamus by declaing the inaction of Respon-d-ent Nos.2 to 5 in not conducting surueg in respect of land admeasurirtg Ac.8.35 gts in Sg.Nos.143/AA1/ 3, 143/AA1/4, 143/81/A/ 1, 143/EE2/1, 143/A2/ 1, 14s/EEL/A1 143/EE1/AAL situated at Antharam Bururg uillage, Tandur mandal, Vikarabad distict belongtng to the Petitioner despite oJ FJine Application No.AOD022500068729, dated 24/ 01 / 2025 seeking to anduct surueg of the petttioners land as illegat, arbitrary and- uiolation of pinciples of natural justice and_ uiolate of Article 3O0A of the Constitution of India dnd conseElentlA direct the Respondent Nos.2 to 5 to conduct surveg demnrcate and fx ttte boundary stones ir1 respect of land admeosuring Ac.8.35 gfs in Sy.Nos. 143/AA1/3, 143/AA1/4 143/E.1/A/j, 143/ EE2/ 1, 143/A2/ 1, 14s/AA2/ 1, 14s/82/ 1, 143/ EE1/A1, 143/EE1/AAL situated at Antharam Buanrg uillage, Tandur mand.al, Vikarabad distict belonging to the Petitioner bg considering the F-line Application No.AOD0225OO068729 d.ated 24/O1/2025 in tlle interest of iustice and pass....."

2. Considered the submissions made by the learned counsel for the parties and with the.ir consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner and his partner are the absolute owners and possessors of land admeasuring Acs.8.35 gts in Sy.Nos.l43/AAL/3, r43/AAt/4, 143/Et/A/ 1, L43lEE2/1, s - x t43/ A2/ r, t43l AA2/ t, L43/E2/ r' r43/EEL/ A1 t43lE.Et / AAt situatedatAntharamBuzurgvillage,Tandurmandal'Vikarabad Distnct. It is further stated that the name of the petitioner and his partner r,r.ere also reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book and title deeds as per the provis:ons of the Telangana Rights in Land and Pattadar Passbooks Act, l97l (for short "the ROR Act, 197 1")' It is further stated that when s:me of the neighbouring land owners have started disturbing the boundaries and encroaching into the subject land, the petitioner was constrained to sub:nit F- Line application uide No.AOD02250OO6a729' dated 24'Ol'2025 to respondent No.5, by paying requisite fee, seeking to conduct survey of the subject land and h-x the boundaries. It is further stated that even after receiving the said F-Line application, as the respondcnt- authorities are not conCucting survey and fixation of the boundar-ies, the petitioner has hled a Suit uide O'S'No' 155 oi 2O2O on the file of the learned Junior Civil Judge at Tandur, Ranga Reddy District secking relief of injucation and the said Court uide its order dated 10.09.2020 granted ex parte temporary injurrctiot-t in favour of the petitioncr. Aggrieved by the action of respondent Nos.2 to 5 in not conducting the survey, the petitioner hled thc present writ Petition ',.,..i,),

4. Learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 submitted that in view of the disputes over the subject property and since O.S.No.155 of 2020 is pending, wherein there is an order of injunction, the respondents are not in a position to conduct the survey.

5. In view of the submissions tnade by thc learned counsel for the respective parties, this Court deems it appropriate to direct the petitioner to make an appropriatc application in O.S.No. 155 of 2020 seeking to conduct survey and fixation of boundaries. In the event of making such an application, the learned Junior Civil Judge at Tandur, Ranga Reddy District is directed to examine the sarne strictly in accordance w'ith law and pass appropriate orders after hearing all the interestcd parties in the pending Suit.

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. ^-':::ffTi:: //TRUE COPY// To ,|

2. 3 4 q 6 ffi, SA BS 66ffi,-*m**ffi 7 8 Two CD CoPies HIGH COURT DATED:0910612025 ORDER WP.No.14807 of 2025 3 1HE S Tr;,.- . o ,.) 2? JUr zffi /) r.-- \.t- r'1 rc ( I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 { b

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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of Respondent Nos. 2 to 5 in not conducting survey in respect of land admeasuring Ac.B.35 gts in Sy.Nos. 1431AA1t3, 1431AA114, 143tE1lAt1 , 1431EE211, 1431A211, 'l43lAA2l1, 143lE2ll, 143tEE1tA1 , 143tEE1tAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner despite of F-line Application No.A0D022500068729 dt.24to1l2O25 seeking to conduct survey of the petitioners land as illegal, arbitrary, a violation of principles of natural justice and violate of Article 300-4 of the Constitution of lndia and consequently direct the Respondent Nos. 2 to 5 to conduct survey, demarcate and fix the boundary stones in respect of land admeasuring Ac.8.35 gts in Sy.Nos. 1431AA113, 1431AA114, 143lE1lAl1, 143lEE2l1 , 14314211, 1431AA211, 1431E211, 143lEE1lA1 , 143lEE1lAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner by considering the F-line Application No,AOD022500068729 dt.2410112025 in the interest of justice. |.A.NO:1 OF 2025 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 to direct the Respondent Nos. 2 to 5 to forthwith conduct survey, demarcate and fix the boundary stones rn respect of land admeasuring Ac.8.35 gts in Sy.Nos. 143144113, 143t4A1t4, 143tE1tAt1 , 143tEE2t1, 143tA2t1, 143tAA2t1, 143tE2t1, 143lEE1lA1 , 143lEE1lAA1 situated at Antharam Buzurg village, Tandur mandal, Vikarabad district belonging to the Petitioner by considering the F-line Application No.AOD022500068729 dt.2410112025 in the interest of justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRI K.CHAITHANYA Counsel for the Respondents: AGP FOR REVENUE The Court at the stage of admission made the following ORDER - THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.148O7 of2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief 143/82/ 1, 14s/AA2/ 1, ". . . .to i-ssue an appropiate Wi| Order or Direction more particularlg one in the nature of Wit of Mandamus by declaing the inaction of Respon-d-ent Nos.2 to 5 in not conducting surueg in respect of land admeasurirtg Ac.8.35 gts in Sg.Nos.143/AA1/ 3, 143/AA1/4, 143/81/A/ 1, 143/EE2/1, 143/A2/ 1, 14s/EEL/A1 143/EE1/AAL situated at Antharam Bururg uillage, Tandur mandal, Vikarabad distict belongtng to the Petitioner despite oJ FJine Application No.AOD022500068729, dated 24/ 01 / 2025 seeking to anduct surueg of the petttioners land as illegat, arbitrary and- uiolation of pinciples of natural justice and_ uiolate of Article 3O0A of the Constitution of India dnd conseElentlA direct the Respondent Nos.2 to 5 to conduct surveg demnrcate and fx ttte boundary stones ir1 respect of land admeosuring Ac.8.35 gfs in Sy.Nos. 143/AA1/3, 143/AA1/4 143/E.1/A/j, 143/ EE2/ 1, 143/A2/ 1, 14s/AA2/ 1, 14s/82/ 1, 143/ EE1/A1, 143/EE1/AAL situated at Antharam Buanrg uillage, Tandur mand.al, Vikarabad distict belonging to the Petitioner bg considering the F-line Application No.AOD0225OO068729 d.ated 24/O1/2025 in tlle interest of iustice and pass....."

2. Considered the submissions made by the learned counsel for the parties and with the.ir consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner and his partner are the absolute owners and possessors of land admeasuring Acs.8.35 gts in Sy.Nos.l43/AAL/3, r43/AAt/4, 143/Et/A/ 1, L43lEE2/1, s - x t43/ A2/ r, t43l AA2/ t, L43/E2/ r' r43/EEL/ A1 t43lE.Et / AAt situatedatAntharamBuzurgvillage,Tandurmandal'Vikarabad Distnct. It is further stated that the name of the petitioner and his partner r,r.ere also reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book and title deeds as per the provis:ons of the Telangana Rights in Land and Pattadar Passbooks Act, l97l (for short "the ROR Act, 197 1")' It is further stated that when s:me of the neighbouring land owners have started disturbing the boundaries and encroaching into the subject land, the petitioner was constrained to sub:nit F- Line application uide No.AOD02250OO6a729' dated 24'Ol'2025 to respondent No.5, by paying requisite fee, seeking to conduct survey of the subject land and h-x the boundaries. It is further stated that even after receiving the said F-Line application, as the respondcnt- authorities are not conCucting survey and fixation of the boundar-ies, the petitioner has hled a Suit uide O'S'No' 155 oi 2O2O on the file of the learned Junior Civil Judge at Tandur, Ranga Reddy District secking relief of injucation and the said Court uide its order dated 10.09.2020 granted ex parte temporary injurrctiot-t in favour of the petitioncr. Aggrieved by the action of respondent Nos.2 to 5 in not conducting the survey, the petitioner hled thc present writ Petition ',.,..i,),

4. Learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 submitted that in view of the disputes over the subject property and since O.S.No.155 of 2020 is pending, wherein there is an order of injunction, the respondents are not in a position to conduct the survey.

5. In view of the submissions tnade by thc learned counsel for the respective parties, this Court deems it appropriate to direct the petitioner to make an appropriatc application in O.S.No. 155 of 2020 seeking to conduct survey and fixation of boundaries. In the event of making such an application, the learned Junior Civil Judge at Tandur, Ranga Reddy District is directed to examine the sarne strictly in accordance w'ith law and pass appropriate orders after hearing all the interestcd parties in the pending Suit.

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. ^-':::ffTi:: //TRUE COPY// To ,|

2. 3 4 q 6 ffi, SA BS 66ffi,-*m**ffi 7 8 Two CD CoPies HIGH COURT DATED:0910612025 ORDER WP.No.14807 of 2025 3 1HE S Tr;,.- . o ,.) 2? JUr zffi /) r.-- \.t- r'1 rc ( I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 { b