The High Court · 2025

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 a direction or an order or writ more particularly writ of Mandamus declaring the action of the Respondents in demarcation of Survey No. 69 of Chengicherla Village, Medipalty Mandal, lvledchal-Malkajgiri District by issuing notice No.DlS/20l202 1, dated 2310812021 by the Respondent No.4 i.e , the Mandal Surveyor as illegal, arbitrary and unjust and set aside the same. lA NO: 1 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 pleased to stay all further proceedings pursuant to the Notice No. DIS/2O12O21 , daled 2310812021 issued by the Respondent No.4 i.e., the Mandal Surveyor in respect of Sy.No.69 of Chengicherla Village, Medipally Mandal, tvledchal-Malkajg iri District pending disposal of the above trrrit petition. --.--r '/ 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 Ccurt may be pleased to permit the Petitioner to file the Documents as Material papers and receive the same in WP No 22911 of 2021 . lA NO: 1 OF 2024 Between: A.Dilip Reddy, S/o. Late Narsimha Reddy, Aged about 60 years, Occ Business, Rlo 2-2-1811511(C), D.D.Colony, Hyderabad-500 0'13. ...PETITIONER. AND 2 1 R. Kamalakar Reddy, S/o. R. Rami Reddy, Aged 72 yearc, Occ Agriculture R/o. H.No 3-1 10, Chengicherla, Medipally Mandal, Medchal-Malkajgiri District The State of Telangana, Rep. by its Secretary, Revenue Department. Secretariat Building, B R K R Bhavan, Hyderabad. The Distrct Collector, Medchal - Malka.igiri District, The Tahsildar, Medipally Mandal, Medchal l\Ialkalgiri District The lvlandal Surveyor, Medipally Mandal, Malkajgiri District. The Assistant Director, Survey and Land Records. Med,:hal - Malkalgiri District. 3 4 5 ...RESPONDENTS 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 Vacate lnterim Orders d ated .2 3-09-2021 passed in the above W.P. No.22911 of 2021 . Counsel for the Petitioner: SRl. AJGAL RAVI BABU Counsel for the Respondent Nos.1 to 5: AGP FOR REVENUE Counsel for the Respondent No.6: SRI M.MEHBOOB ALI The Court made the following: ORDER t' THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.22911 OF 2021 I ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ". . .to issue a direction or an order or u;it more partianlarly uit of Mandamus declaing the action of the Respondents in demarcation of Surueg No.69 of Chengicherla Village, Medipallg Mandal, Medchal Malkajgiri District bg issuing notice No.DIS/20/2021 dated 23/ O8/ 2O21 bg the Respondent No.4 i.e., the Mandal Surueyor as illegal arbitrory and unjust and set oside the same and to pass..."

2. The case of the petitioner is that the petitioner herein is the absolute owner and possessor of agricultural lands to an extent of Acs. 13.00 guntas in Sy.No.6OaI/part arld Acs.3.07 guntas 1n Sy.No.62, situated at Chengicharala Viilage, Medipally Mandal, Medchal-Malkajgiri District. While the matter stood, on O1.O9.2027, respondent No.4 issued a notice No.DIS/20/202 1, dated 23.O8.2O21 to the petitioner informing that respondent No.6 herein has applied for demarcation of land in Sy.No.69 and the demarcation is scheduled on

06.09.2021 at 10:30 A.M. and further inlormed that the petitioner to present on the spot. On perusal of the notice, it is i 2 noticed that the notice is addressed only to the Pr:titioner along ar-rd no other zrdjacent land owners are mentionecl. The lald in Sy.No.69 is surrounded by the land in Sy.Nos.60al/part, 6Oa2lpart, 55, 66, 67, 68 and 7O of the very sarie village ald the lands in Sy.Nos.6B and 69 belongs to Sri A.Narasimha Reddy, he converted them into residential plots; and several houses have been constructed. After his death, his legal heirs succeeded the said land. Respondent No.6 is one of the sons of late Sri A. Narasimha Reddy. On enquiry, it is found that respondent No.6 was allocated land to an extent of Acs.1.3O guntas tIl Sy.No.69/part and land to an extent of Ac.1.3O guntas llt S.r,'.No.68/part. It is also evid<:nt from the encumbrarce certificate dated 15.09.2021 that neighbouring land owners of respondent No.6 also developed their lands into residential plots and sold it away

3. It is the further case of the petitioner that respondent No.6 has already sold out his entire land in Sy.Nos.69/part ancl 68/part. Despite having sold the land, respondent No.6 has applied for demarcation of Sy.No.69 and respondent No.4 in collusion r.vith respondent No.6 has issued notice only to the petitioner. On receipt of the said notice, tl-re petitioner r' approached Mandal Revenue Offlcer, Medipally Mandal on

06.09.2021 under the provisions of Right to Information Act,

2005. The Maldal Revenue Officer has not furnished any information. On the same day, the petitioner' addressed :l letter to respondent No.4, bringing to her notice about the pendency ol his application under RTI Act and requested to defer the proposed demarcation of land and also requested to issue notice to the occupants of adjacent lands.

4. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, for respondentNos. 1 to 5 and iearned counsel appearing for respondent No.6 and perused the record.

5. Learned counsel appearing for the petitioner would submit that though respondent No.6 is not having any land in Sy.No.69 arrd respondent No.4 is proceeding to dema-rcate the iand in Sy.No.69 without issuing notice to the adjacent larld owners of Sy.No.69. On the basis of illegal demarcation of land, respondent No.6 is intending to encroach into the land belongs to the petitioner ln Sy.No.69, which would cause 4 -- irreparable loss and hardship to the petitioner. Hence, the present rvrit pr-'tition. 6 . Opposir-rg the sarne, learned counseL a.ppearing for respondent No.6 would submit that if the petitioner is having aly title over the subject property, the petitioner ought to have co-operateci for conducting survey and by now the issue would have been sel tled. The petitioner without co-operating with the survey and approaching this Court by filing the present rvrit petitior-r is misconceived. Hence, seeks to dismiss the present lvrit petition.

7. Learnt:d Assistant Government Pleader lor Revenue would also submit that the petitioner approachec. this Court at a premature stage by liling the present writ petition. Hence, seeks to pass appropriate orders.

8. In the Light of the aforesaid lacts and circ:umstances of this Court, tl-rrs Court is of the opinion that though the lancl in Sy.No.69, sitr.rated at Chengicherla Village, Medipally Mandal, Malkajgiri Di strict is surrounded by the lands in S1,.Nos.60al lpart, 6Oa2 lpart, 65, 66, 67,68 ald 70 of the ven, same .,,illage, respondent No.4, without issuing notice to - I 5 a-ll the adjacent land owners and issuing only to the petitioner is inappropriate and accordingly, the notice No.DISl20/2021, dated 23.08.202 1 issued by respondent No.4 is set aside.

9. Accordingly, this writ petition is aliowed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. SD/-K.BHAVANI SWAMY SS TANT REGISTRAR //TRUE COPY// S CTION OFFICER The Secretary, Revenue Department, Secretariat Building, B R K R Bhavan, Hyderabad, State of Telangana. The District Collector, Medchal - I\/alkajgiri District, The Tahsildar, Medipally [t/andal, A/edchal Malkajgiri District The Mandal Surveyor, Medipally Mandal, Malkajgiri District, The Assistant Director, Survey and Land Records, Medchal - lvlalkajgiri District. One CC to SRl. AJGAL RAVI BABU Advocate IOPUC] One CC to SRI M.IVIEHBOOB ALl, Advocate [OPUC] Two CCs to GP FOR REVENUE (TG), High Court for the State of Telangana louTl Two CD Copies To, 1 2 .) 4 5 6 7 B I CHR BS $> HIGH COURT DATED:07110t2025 ) ORDER W.P.No.22911 of 2021 Za: _.i , r l: 5 f,ri 7U) (:- c o 2 5 t[T 2p5 l ALLOWING THE WRIT PETITION WITHOUT COSTS 1/