High Court · 2025

4. Sri.Sanaboina Venkata Satyanarayana, S/o .Sri. S .Satyanarayana, Aged about 44 years , Occ Business R/o.H.No.1-9-2zE/1, Near Bus Stop, Kushaiguda, Hyderabad A.P.

5. Smt.J. Shiva Sunitha, Wo.J. N .K. Swamy, Aged bout 50 years, Occ House Wife R/o.196 TRT Blocks. Seethapalmandi, Secunderabad - 500 061.

6. Smt.S Wife FU o. Devi, Wo.S.Narayana Rao, aged about 53 years. Occ House .41-1251 43, East Pragathi Nagar, Moula Ali, Hyderabad - 40. .No

7. Sri.Vitta Anudeep Kumar, S/o.Sri.Vitta Ravi nder Red Ri/ o. Plot No.126, Santosh Occ Private Nagar, Mandal, Medchal Malkajgri 34 years, Park, RL

8. Smt.Pingali Lal itha, Wo P.Ashok o. H .No.2-10-'l 0/A, Mukaram Pura, , Aged 47 Yea6, Occ Employee. R/ District - 505 001.

9. Sri Govt. A.P. Mohan Rao, S/p.Late . H.No.6-8-1233 Boga Subbaiah, Aged about 69 years, Occ (B), NGOs Colony, Tirupathi, Chittoor Dist, ...PETITIONERS

1. The State of Department, , Rep. by its Principal Secretary, Panchayat Raj Hyderabad.

2. The Godumakunta Gram Panchayat, Rep. by its Secretary, Keesara Mandal, Medchal - Malkajgiri District

3. The District, lnspector of Survey, Survey and land records, Medchal-Malkajgiri State.

4. The Assisternt Director, Survey and Land Records Department, Taranaka, Hyderabad.

5. The Mandal Surveyor, Keesara Mandal, Medchal-Malkajgri District Telangana 6. Ife. Nagal,?rlt Municipality, Rep. by its Commissioner, Keesara Mandat, Medchal - Irilalkajgiri District ...RESPONDENTS Petition under Article 226 ot 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 or Order more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 4 to 6 in conducting ]: 'l survey behind P,stitioners back and acts of respondent nos..2 & 3 i.e. making markings in Petilioners properties basing on the said survey as illegal, arbitrary and in violation 6rf principles of natural justice and also contrary to the provisions of the Telanganer Survey and Boundaries Act, 1923 and set aside the same and consequently direct the respondents not to interfere with petitioners possession and enjoyment of properties situated in Plot Nos. 217,217Apart, 180, 1g111 part, 184 and 18411,19911 ,183 and 184 pars, 166 part, 161/1 part, 180/1 part and 18.1 part, 200 &2O2 ttt Rampally Village, Keesara Mandal, Medchal-Malkajgiri District. 1 Petition under section 151 cPc praying that in the circumstances stated in the affidavit fileC in support of the petition, the High Court may be pleased to direct the respo'rdents not to interfere with Petitioners possession and enjoyment of the properties situated in Plot Nos,217,21tA part,,l80, 191t1 parl, 194 and 18411,19911,1,33 and 184 pars, 166 part, 161t1 patl, 180/1 part and ,t81 part, 200 and 202 €rt Rampally Village,Keesara Mandal, Medchal-Malkajgiri District pending disposal of the above writ petition. lA NO: 2 OF 2021 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 pieased to grant stay of all further proceedings in respect of the survey being carried out by the respondent Nos. 3 and 4 vide file no.A3/349121 in Plot Nos.217,2174 part, 180, 181/1 part, 184 & 18411, 199/1, 183 & 184pars, 166 part, 16111 part, 180/1 part and 181 part; 200 & 202 al Rampally Village, Keesara Mandal, Medchal- Malkajgiri District, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI S.SRIDHAR Counsel for the Respondents No.l : GP FOR PANCHAYAT RA", & RURAL DEVELOPMENT Counsel forthe Respondents No.2 : SRI K.PRADEEP, SC FOR GRAMPANCHAYAT Gounselforthe Respondents No.3TO5: GP FOR REVENUE Counsel for the Respondents No.6 : SRI N.PRAVEEN KUMAR, S.C. FOR MUNICIPALITIES The Court made the following: ORDER THE TTON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITIO No.19046 of 2021 ORAL ORDER: This Writ Petition is filed under Article 226 of the Constitution of tndia to declare the action of the respondent Nos.4 to 6 in conducting survey behind the petitioners and acts of respon,Jent Nos.2. and 3 i.e., rnaking markings in the petitioners' properties basing on the said survey.

2. Hear:d learned counsel for the petitioners and learned Assistant (iovernrnent Pleader for Revenue.

3. Petitioners herein are claiming that they are in possession and enjoyment of the properties situated in plot Nos.217,2l7Apart, 180, 181/l paft, 184 & 184/1, t99/1, 183 & 184 part, 166 part, l6lll part, 180/lpart and l8l part, 200 , & 202 :rt Rampally Village, Keesara Mandal, Medchal- Malkajgili District, on the strength of the registered sale deeds. After obtaining permission fiorn the Grampan chayat of Rarnpally village, they developed the properties as M/s.TpS / 2 Housing Private Limited represented by its Managing Director and the said plots were sold to different individuals Thereafter, it has come to knowledge of the petitioners that on 1,9.07.2021, where the petitioners are in possession and enjoyment of the property, respondent No.3 has conducted survey and made rnarkings and declared the same as properties of Godhumakunta village, without any notice or intimation to the petitioners. Aggrieved over the same, petitioners filed the present writ petition.

4. On the other hand, learned Assistant Govemment Pleader for Revenue, would submit that neither any proceedings have been subrnitted by the petitioners nor any proof to show that the survey has been conducted by respondent No.3 in the petitioners' property by virtue of the sale deeds. He further submits that the question of conducting survey in house sites does not arise at all. The survey will be conducted only for agricultural lands vide circular R.C.No.Nzl174l/2010, dated I 8.05.2010, which clearly shows I \ 3 that survey can be conducted only for agriculture land and not for house sites. Hence, this writ petition is fited under misconcept.ion and the same is liable to be dismissed.

5. Having regard to the submissions made by learned counsel for the petitioners and respondents, this Court is of the opinion that no impugned order has been filed by the petitioners and regarding to the submissions made by the learned Assistant Govemment Pleader, survey cannot be conducted in the house sites. Therefore, this writ petition is fi led under misconception.

6. In the light of the above, this writ petition is disposed of with liberly to the petitioners to file appropriate application. Mis,oellaneous applications pending, if any, shall stand closed. Ttrere shall be no order as to costs. /ffRUE COPY// Sd/. AHMED ABDULLA KHAN ASSISTANT OFFICER

1. The Principal Secretary, Panchayat Raj Department, Secretariat, Telangana State, Hyderabad

2. ]fg secre-lary, Godumakunta Gram Panchayat, Keesara Mandal, Medchar - Malkajgiri District

3. If'q Pppgty lnspectgr of Survey, Survey and land records, Medchal-Malkajgiri District, -[elangana State. To, I

4. The Assistant Director, Survey and Land Records Department, Taranaka, Hyderabad.

5. Inp M;rndal Surveyor, Keesara Mandal, Medchal -Malkajgri District I

6. The Commissioner, Nagaram Municipality, Keesara Mandal, Medchal - Malkajgiri District

7. One CC to SRI S.SRIDHAR, Advocate. TOPUCI 8. Two CCs to GP for PANCHAYAT RAJ & RURAL DEVELOPMENT, High :' Courtioltne state of Telangana. [oUT] 9: One CC to SRI K.PRADEEP REDDY, SC for Grampanchayat toPucl 10.One CC to SRI N.PRAVEEN KUMAR, S.C. for Municipalities TOPUCI l ! 1 1 . Two CD Copies. BSK/MP .{. HIGH COT.IRT DATED1210912025 I \B ORDER WP.No.19046 of 2021 F* o C) * TiiE S t 1 7 Fi:g ?q?fi 'e h4.-^r ..-'" t ( DISPOSING OF THE WRIT PETITION WTHOUT COSTS &