The High Court · 2025
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Petition under Section r 51 cpc praying that in th( circumstances stated in the affidavit fired n support of the petition, the High cc:rt may be preased to suspend the survey report and panchanama conducted by he Respondents No.3 and 4 for the land rn sy.No. 65/34g Ac 5-00 Gts srtuatr (i at Baraji anukonda village, chintanamapaIe IVrandar, Kumarambheem Asifa bad District pending disposal of the main ,wnt petition. lA NO: 2 OF 2025 Petition under Section '151 cpc prayrng that in the circumstances stated in the affidavit fired rn support of the petition, the High co( ,- may be preased to direct the Respondents No-3 and 4 not to dispossess us fr, rnr the rand in sy.N6. 65/48 extent Ac 2-15 Gts and Sy.No. 65/27011 extent Ac 4 ( 0 Gts and situated at Balaji anukonda village, chintanamapalle IVlandal, Kunr: rambheem Asifabad District pending disposal of the main writ petition_ -- Counsel for the Petitioners: SRt RAVI CHANDRA BEJJART M counsel for the Respondent No.1 to 5: sRr L.RAVINDER, AGp FoR REVENUE Counsel for the Respondent No 6 : The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.17392 of20.25 ORDER: It is stated that petitioner No.l is the owner and possessor of the land admeasuring Acs.2.15 guntas in Sy.No.65/ 148 and petilioner No.2 is the owner and possessor of the land admeasuring Acs.4.OO guntas in Sy.No.65/27OlL, situated at Balaji Anukonda Village, Chintanamapalle Mandal, Kumarambheem Asifabad District. It is further stated that the names of the petitioners were incorporated as pattadars in all the revenue records and petitioner No.1 was issued passbook bearing No.T1603OO60892 under the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O. The grievance of the petitioners is that, acting on the F-Line application submitted by respondent No.6 seeking to conduct survey of the land in Sy.No.65/348, survey was conducted and basing on the said survey report, the respondent authorities are making efforts to dispossess the petitioners.
2. Considered the submissions made by the learned counsel for the petitioners and Sri L. Ravinder, learned Assistant Government Pleader appearing for respondent Nos. 1 to S and with their consent, this writ petition is being disposed of at the 2 CVBR, J Wp_.11392 2025 - admission stage. In view of the nature of relief sou€ ht for in this writ petition, issuance of notice to the unofficial r lspondent is dispensed with. Learned ,lounsel for the petitioners has su bmitted that 3. though the pel.itioners are entitled to issuance ' rf the notice being the owrlers of the adjacent lands' the respondent authorities did not issue any notice while conductr rg the survey nor followed the procedure prescribed in lhe circular instructions issued by the Commissioner' Surve" Settlement and Land Records' It is settled law that the Survey Departr rent has the 4 . authorily to r:onduct survey and demarcate 'he lands in accordance wit.h the provisions of the Telangana l'and Revenue Act, 1317 Fas;li (Act No. VIII of 1317 Fasli)' t.re Telangana Survey and []oundaries Act, 1923, and the ?r'rles framed thereunder. The Government has issued vari rus circulars specifying the conditions for conducting surveys' rarticularlY F- Line (field meir.surement) surveys' Individuals re'luesting such surveys are rerquired to submit specihc documer ts and' if the conditions stipulated in the circulars are fulhlle d' the survey may be condu,:ted fixing the boundaries' 3 CVBR, J Wp 17392 2025 Learned Assistant Government Pleader for Revenue' 5. placing reliance on the circular instmctions issued by the Commissioner, Survey, Settlements and Land Records uide 25.07.2OOt, Rc.No.N1/ 1408/ 07' Rc.No.N 1/6543/99, Rc.No.N2/ 174l /2OlO, dated dated 13.07 .2OO7, 18.05.2010, has submitted that if a person is aggrieved by the survey conducted by the Mandal Surveyor' he may file a first appeal before the Revenue Divisional Ofhcer and if a person is aggrieved by the survey conducted by the Deputy Inspector of Survey, he may file a second appeal before the Assistant Director of Survey and Land Records' In view of the above submissions and since it is the case 6. of the petitioners that no notice was issued before conducting the survey, the petitioners are entitled to agitate their grievances before the appellate authority by filing an appeal Therefore' this Court deems it appropriate to dispose of this writ petition relegating the petitioners to file an appeal within a period of two (O2) weeks from the date of receipt of a copy of this order' Till such time, status quo obtaining as on today shall be maintained in all resPects' 4 CVBR, J Wp 17392 2025 7 With th,r above observations, this Writ petir on is disposed of There shall be no order as to costs 8 As a serquel, the miscellaneous petitions l)r.ndiltg, if any, shall stand <:lc sed. To, //TRUE COPY// SD/. N.SRIHARI DEPUry REGISTRAR CTION OFFICER 4 2 3 1 The Principal riecretarv. Revenue Department, Dr. B.ti.Ambedkar Secretariat, Hyderabad. State of T6langana. The Drstrict Collector, KumaramBheem Asifabad Distr:t The Revenue Jrvisional Officer, Kumaram Bheem Astlrbad District. The Tahsildar - Mandal Revenue Kumaram Bheem Asifabad District- officer, Chrnanamanepalli IVlandal, 5 The Mandar G rdawar, chintanamanepafli tr/andar, Kurraram Bheem Asifabad 6. One CC to SRt RAV| CHANDRA BEJJARATV, Advocar: lOpUCl 7 Two CCs to CiP FOR REVENUE, High Court for the State of Tetangana at 8. Two CD Copies Hyderabad [OtJT] District. G BSR TKS HIGH COURT DATED:2410612025 .1^ '., 2 0 ii:P ?S25 -a ORDER WP.No.17392 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,{I