The High Court · 2025

"to set-aside the impugned order passed by the learned single judge Justice Sri B.Vijaysen Reddy 2 in WP.No.1942812024, dated 2O.02.2025, and to pass any such other order..,."

3. The said Writ Petition No.1942I of 2024 ha d been ntN 1&2i t Wri b Aoo eal seek nq Draverasu nder:- "....to issue a Writ of Mandamus or any other appropriate Writ order or direction declaring the impugned action of the 3.d Respondent in not visiting the scene of offence despite registering the Crime No. 467/2024 and Crime No.552/2024 against Respondents 5 to 7 and others who are threatening to cause harm and eliminate the petitioners and their men and obstructing from fixing the boundary pillars and fencing wire along the boundary line on four sides of their land strictly according to the boundaries fixed by the Mandal surveyor functioning under Respondent No.4 without following due process of law as illegal arbitrary and violative of principles of natural justice etc and consequently direct the 3.d Respondent to visit the scene of offence as stated in the Crime No. 467/2024 and Crime No. 552/2024 on his file and protect the Petitioners from the hands of Respondents 5 to 7 and others and grant..." f. - J

4. The Writ Petitio nNo 19424 of 2024 w sd sDosed of R finallv vide its order dated 2O.O2.2O25 and the relevant oortion of the said order in oarticular oara Nos.6 and 7 are extracte hereunder: '6. On perusal of the survey report, it appears that notice dated 24.04.2024 has been issued to all the interested persons including respondents No.5 to 8 and there is no denial that the survey report has not been challenged by the respondents No.5 to 8.

7. In the circumstances, without enterlng into the merits of the case, th is writ petition is disposed of directing respondent No.4 to place a requisition before respondent No.3 for grant of Police aid to fix boundaries as per survey report. This exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order. It is made clear respondents No.5 to B are always at liberty to agitate the survey and consequential proceedings including demarcation/fixing of boundaries in O.S. No.506 of 2024 and O.S. No.568 of 2024 before the trial Court. There shall be no order as to costs. DISCUSSION:-

5. The learned counsel aDDearinq on behalf of the nts m submissions;- w n i) The appellants in the present Writ Appeal were not put on prior notice and the alleged survey of the subject lands conducted was behind the back of the appellants without the 4 appellants participating in the said survey and therefore the appellants are entitled for the relief as prayed for in the present Writ Appeal. ii) This Court in its order, dated 20.02.2025 passed in W.P.No.19428 of 2024 went wrong in directing respondent No.4 to place requisition before respondent No.3 for grant of police aid to fix boundaries as per survey report, without taking into consideration, the pendency of civil suits between the parties, and the fact that the disputed questions of fact cannot be gone into under Article 226 of the Constitution of India. iii) Based on the false and fabricated survey report, the respondent Nos.1 & 2 herein are trying to dispossesses the appellants irom the subject lands, which had been in their possession for the last five decades and are further trying to change the boundaries as well as the nature of land, which is not permissible. I --t r; 5 B f e n n s n a con nd n H as raved for. 6 A ist n Gov rnm PI b !f f s o r r n t r m tn lv Duts-forth followi nq sub mtssto s:- i) The order impugned, dated 20.02.2025 passed in W.p. No. 19428 of 2024, warrants no interference in the present Writ Appeal. ii) The order, dated 20.02.2025 passed in W.p.No.1942g of 2024 had already worked out on its own and therefore, the present Writ Appeal has become infructuous. iii) Since the appellants herein already preferred an appeal, dated 05.05.2025 and also represented through representations, dated 28.04.2025 & 02.05.2025 addressed to the Deputy Inspector of Survey, Revenue Divisional Office, 6 Ibrahimpatnam Division and Mandal, Ranga Reddy District seeking setting-aside of the report issued by the Mandal Surveyor, Abdullapurmet Mandal, on the ground that no prior notices had been issued to the appellants and the adjacent land owners and further requested to conduct resurvey of the subject lands situated in Sy.No.89 of Koheda Village, Ibrahimpatnam Division, Abdullapurmet Mandal, Ranga Reddy District, the remedy of the appellants lies elsewhere. Based on the aforesa id submissio s, the le rned Assistant Government Plea der for Revenue aDD a rinq onb half of the resoonden t No.6 souqht for dismissal of the resent Writ Aooeal. cONCLUSI N:-

7. A bare perusal of the record clearly indicates that the appea!, dated O5.O5.2O2St (marked as material docume-nt Ex:P2 by the appellants herein in support of the present Writ Appeal) had been preferred by the appellants herein aggrieved against the survey report 7 issued by the Mandal Surveyor, Abdullapurmet Mandat to the Deputy Inspector of Survey, Revenue Divisional Office, fbrahimpatnam Division and Manda!, Rangareddy District, seeking setting-aside of the survey report issued by the Mandal Surveyor, Abdullapurmet Mandal and further, requesting conduct of resurvey of subject tands in Survey No.g9 of Koheda Village, Ibrahimpatnam Division, Abduilapurmet Mandal, Rangareddy District having been acknowledged by the office of the Revenue Divisional Officer, Ibrahimpatnam Division and Mandal, Rangareddy District on O5.05.2O25 itself and therefore, at this stage, this Court opines that the order impugned, dated 2O.02.2O25 passe.d in W.p.No.Lg42A of 2024 had. atready worked out on its own and the same warrants no interference. h lf e lea rn c se! submits at th o e d rectin h 8 Survev, Revenu Divisio al Office- fbrahim Datn am D vi d e a n a I en ti s

02.05.20 25. n edd D f 202 re r edb d d2 h a ts'

05. o2 T rs u o e a he ai u earn d n d r li n e e tw it h Dleaded bv the ADD ellants i DTesentWrit AoDeal, an se n e h lf of rea on e of th n their oleadinqs int he tn vtew oft hef ct nd! at heD n D a b ne n c u e e u D tvr !on nd .P N 1 4 s a 4 f br m na had no n s eith r b e n a 2 en Wri a een r I I 9 in the Dresent Writ Aooea I seekinq le ve of this Court o8in ern r. tN b w.P .No.19 28 ot 2024.

10. Taki qrnto nsiderat ion:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the tearned counsel appearing on behalf of the appellants and learned Assistant Government pteader for Revenue appearing on behalf of the respondent No.6. c) The impugned order, dated 2O.O2.2O25 passed in W.P.No.19428 of 2O24(referred to and extracted above) I d) The fact that the order, dated 2O.OS.2OZ5 passed. in W.P.No.19428 ot 2024 had worked out on its own. e) The order impugned, dated 2O.02.2025 passed in W.P.No.19428 of 2O24t warrants no interference at this stage since, it is a fact as borne on record that the appellants had already preferred an appeal, dated 05.05.2O25 before l0 the competent Authority against the survey report issued by the Mandal Surveyor, Abdullapurmet Mandal and the same had even been acknowledged by the said office. The Writ Ao eal as accordin lv, dismis sed, oivinq li ertv to the ADDE I la nts toD rsue the remedies as are available u nder law. However, there shall be no order as to costs. pending miscellaneous petitions., if any, shall stand closed. \ //TRUE COPY// SD/.P.PADMANABHA REDDY DEPUTY REGISTRAR SECTIOIT'bFFICER To i' o 5. Two CD Copies. flIfiEf.tjd$'iffiffiIilBFEffiI|^tti"f3Efp"B, i,1, ",, lxo""?""b?ll ?s.if- REVENUE, Hish court for the state of reransana, at PS LSw HIGH COURT DATED:0710512025 VACATION JUDGMENT WA.No.SS4 ot 2025 :, \} 7s t o t! I (_' .-FJ F- t DISMISSING .THE WRIT APPEAL WITHOUT COSTS \2