Smt. Ameena Shaheen 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 action of the Respondent No.5 in issuing survey Notice A3t31212O25 Dt.06.06.2025 proposing to conduct survey on 16.06.2025 for demarcation of Sy. Nos.9 and 525 situated at lVlanchirevula Vi age, Gandipet Mandal, Ranga Reddy District in collusion with the respondent no.6, without considering the objections D1.12.O5.2025 and 19.05.2025 of the petitioner as illegal, improper, unjust, arbitrary and violative of Art.3004 of the Constitution of lndia and consequently set aside the Survey Notice in A3131212025 Dt.06.06.202s and further direct the respondent no.5 not to ' interfere into the possession of the petitioner, in the interest of Justice. lA NO: 1 OF 2025 Petition under section '1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay. all further proceedings pursuant to survey Notice in A3t31212025 Dt.06 06.2025, forthwith, in the interest of Justice pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI V.yADU KRISHNA SAINATH counsel for the Respondent No.1 to 5: sRt L.RAVTNDER, AGp FoR REVENUE Respondent No.6 : --------- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASXAR REDDY ORDER: WRIT PETITION No .l69a7 of2o25 This Writ Petition is filed praying this Court to declare the action of respondent No.5 in issuing survey notice, dated 06.06.2025 proposing to conduct survey on 16.06.2025 tor demarcation of Sy.Nos.9 and 525, situated at Manchirevula Village, Gandipet Mandal, Ranga Reddy District in collusion with respondent No.6, wjthout considering the petitioner,s objections as illegal, arbitrary and violative of Article 3O0_A of the Constitution of Iniia and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.O. 15 guntas in Sy.No.9A/ 1/ 1; Ac.O.15 guntas in Sy.No.9AA/l; Ac. 1.O1 guntas in Sy.No.274/1 and Ac.O.12 guntas in SyNo.273/ 1, sitirated at Manchirevula Vrllage, Gandipet Mandal, Ranga Reddy District, having acquired the same from her ancestors. It is further stated that the name of the .petitioner was also incorporated in the revenue records and pattadar passbook No.TO507O14OIZl uid.e Krrata No.6O146 was issued in her favour under the provisions of the Telangana Righfsj,n Land and pattadar passbooks Act, 2O2O (for short "the Acr 9 of 2o2o"). It is further stated that 2 CVBR, J wp 16987 2025 respondent No.6 has made an application, dated O4.O2.2O25 seeking for conducting survey of land in Sy.No.9 and 525, which is adjacent to thc petitioner's land. The grievance of the petitioner is that she being the adjacent owner is entitled for issuance of notice while conducting survey, the respondent authorities have not issued any notice and not followed the circular instructions issued by the Commissioner, Survey, Settlements and Land Records from time to time.

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, Iearned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 5 and with their consent, this writ petition is being disposed of at the admission stage. I n view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensed u'ith.

4. Learned counsel for the petitioner has vehemently contended that any survey conducted without issuing any notice to the adjacent o\ /ners the same is not enforceable in law and the persons cannot rely upon the said survey report for any oLher purposrs. - I I J CVBR, J wp 16987 2025

5. Learned Assistant Government Pleader for Revenue has submitted that pursuant to the application submitted bv respondent No.6, survey and demarcation of the lands in Sy.Nos.9 and 525, situated at Manchirevula Village r.'"'as completed and the authorities also issued notices to all the interested and effected persons and they have also conducted panchanama on 19.06.2025.

6. A careful examination of the panchanama would reveal that no notice has been issued to the petitioner nor she was presenL at Mokha while recording the panchanama. Since it is stated that the survey has already been conducted in the presence of some of the panchas, this Court is of the opinion that instead of relegating the petitioner to frle her objections before the Mandal Surveyor, the petitioner is advised to file an appeal, if she is aggrieved with the panchanama, within a period of two (O2) u,eeks from today before respondent No.3. In the event of appeal is filed, respondent No.3 is directed to demarcate the subject lands on appeals on demarcation after following the due procedure as early as possible, preferably, within a period of two (02) months from the date of hling of such an appeai I CVBR, J Wp 16987 2025

7. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 8 As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/- N.SRIHARI RE STRAR DEPU To, //TRUE COPY' S CTION OFFICER

1. The Principal Secretary Revenue Department, Secretariat, Ambedkar Bhavan, Hyderabad State of Telangana. 2. The District Collector, Ranga Reddy District. 3. The Assistant Director, Surrey and Land Records, Ranga Reddy District. 4- The lnspector of Survey and Land Records, Ranga Reddy District. 5. The Deputy lnspector of Survey, Survey and Land Records, Ranga Reddy District.

6. The Authorized Signatory Mr. Vishwanath, t\ills. League Constructions, Ri,/o. Manchirevula Village, Gandipet tvlandal, Ranga Reddy Distnct 7. One CC to SRI V.YADU KRISHNA SA|NATH, Advocate [OPUC] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies o BS TKS HIGH COURT DATED:2010612025 ORDER WP.No.16987 of 2025 1 t{Z SrA rC o^

4., t d 13 rrts ?otr I D5t -. ,r-i tr DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ Jb