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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS declaring the action of the respondents 4 and 5 in interfering into the civil disputes between the petitioner and unofficial respondent under the guise of conducting survey vide Notice dated 0710712025 issued by the respondents 4 and 5, pertaining to the. agricultural land in Sy.No.1913 (Sy.No.1913/A and Sy.No.1913/B) in an extent of Ac.0.30 and Ac.3.00 respectively situated at Madikonda Village and Post, Kazipet Mandal, Hanumakonda District in-spite of the 6th respondent had lost his counter claim over the r;aid property and in-spite of granted decree in favor of the petitioner, vide decroe and Judgment daled 0110412021 passed in O.S.No.343 of 2010 on the file of the Court of the Principal Senior Civil Judge at Warangal is illegal, arbitrary and violative of principles of natural justice and also violative of Articles 14,21 and 300-4 of the Constitution of lndia and consequently set aside the Notice dated 07 -07 -2025 issued by the respondents 4 and 5 and also direct the respondents 4 and 5 not to interfere into the civil disputes between the petitioner and unoffi<;ial respondent pertaining to the subject property. lA NO: 1 OF 2025 Petilion under Section 151 CPC praying that in the circumstances stated in the affidav t filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned Notice dated 07 -07 -2025 issued by the respondents 4 and 5 pertaining to the agricultural land in Sy.No.1913 (Sy.No.191 3/A and Sy.No.1913/B) in an extent of Ac.0.30 and Ac.3.00 respectivell, situated at Madikonda Village and Post, Kazipet Mandal, Hanumakorrda District, pending disposal of the writ petition. Counsel for the Petitioner : SRI VADLAKONDA RAVI KUMAR REDDY Counsel for the Respondents No.1tos: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.6 : SRI G.L.NARASIMHA RAO The Court nrade the following: ORDER THE HONOURABLE SRT JUSTICE K. LAKSHMAN o o R N I Heard Sri vadrakonda Ravi Kumar, learned counsel for the petitioner; Mr.L.Ravinder, rearned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 5 and Sri G.L.Narasimha Rao, learned counsel appearing for respondent No.6.

2. A perusal of the record wourd reveal that the petitioner has filed a suit in o.S.No. 343 of z0r0 on the fite of the principal Senior civil Judge, warangal, against the respondent No.6 seeking perpetual injunction in respect of the land admeasuring Ac.3-00 guntas in Sy.No. l,gl3lB, sit.rated at Madikonda village, Hanumakonda Mandal, Warangal District. t'

3. Respondent No.6 is craiming ownership of the land admeasuring Ac.0-29 guntas in Sy.No. r9r2rE;Ac.g-00 guntas in Sy.No. l9t3lB; and Ac.2-30 gunras in Sy.No. rgr4/8, total admeasuring Ac.lr-19 guntas, situated at Madikonda village, Hanumakonda Mandar, warangal District. He has also fired a 2 counter claim in respect of the said land in O.S.No.343 of 2010. Vide judgment dated 01.04.2021, the learned Principal Senior Civil Judge, Warangal, decreed the said suit and dismissed the counlerclaim. Aggrieved by the said judgment, he filed first appeals, vide A.S.Nos.269 and296 of 2022.

4. According to the learned counsel for respondent No.6, the said zrppeals were transferred to two different courts on the groun,J of jurisdiction. He has also filed interlocutory applications in the said appeals, which are curently pending Durinl; the pendency of the said appeals and interlocutory applications, respondent No.6 approached respondent No.4 and submitted an application with a request to conduct survey and demarc:ate the land in Sy.Nos.19l2lE, l9l3/B and l9t4lB. On receipt of the said application, respondent No.4 assigned the respon:;ibility of conducting survey to restrrondent No.5, who, in turn, issued a notice dated 07.07.2025, fixing the suruey on

15.07.2025. challenging the said notice, the petitioner filed the present writ petition. i I t., , * { ! i l : i .: i ! ! i j : j I t t t 3 5' As discussed supra, the aforesaid two appeals and the interlocutory applications filed by respondent No.6 are admittedly pending before the trial court. If there is any dispute with regard to the survey, identification, and physical features of the subject property, respondent No.6 has to file an application under order xxvl Rule g of c.p.c., seeking the appointment of an Advocate commissioner for the purpose of conducting a survey and noting down the physical features, etc. It is for the appellate court to dispose of such apprication. Therefore, respondent No-6 cannot approach respondent No.4 seeking survey of the land in the aforesaid three survey numbers. It is impermissible. 6' In the right of the aforesaid discussion, the impugned notice dated 07.07.202.5 of respondenr No.5 is set uria". Liberty is granted to respondent No.6 to file an apprication under order xxvl Rule 9 of the c.p.c., in A.S.Nos.269 and 296 of 2022 before the appeilate court, seeking appointment of an Advocate commissioner to conduct the ru6, with the herp of officials from the Survey Department and note down the physicar ii' ,:: 4 features, etc. It is for the appellate Court to dispose of the said applic'ation

7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand r:losed. To,

1. The rrincipal Secretary Secretariat, Telangana //TRUE COPYII A. SREENIVASA SISTANT SECTION OFFICER ( rvey and Boundaries),

2. The l)istrict Collector, Hanumakonda District, Hanumakonda. 3. The lRevenue Divisional Officer, Hanumakonda Division, Hanumakonda, Hanumakonda District.

4. Thel-ahsildar, Kazipet Mandal, Hanumakonda District. 5. The ttlandal Surveyor, 0/o.Tahsildar Kazipet Mandal, Hanumakonda District 6. One (lC to SRI VADLAKONDA RAVI KUMAR REDDY, Advocate. [OPUC] 7. Two OCs to GP FOR REVENUE, High Court for the State of Telangana.

8. One OC to SRI G.L.NARASIMHA RAO, Advocate. [OPUC] 9. Two OD Copies. BSK BM d+- HIGH C:OURT DATED:1110912 25 0 g3 tl,,-S .,4t ,,.,,K, '-) .1. i; * 1 7 t:Lg 2|]26 * o T'' E WP.No.20147 of 2025 DISPOSING OF THE WRIT PETITION WITHOLIT COSTS e\.,\rs'