High Court · 2025

3. Smt. Balle Hemalatha, W/o Satyanarayana, Aged about 50. years, Occ: Agriculture (All Petitioners are residents of H.No.7-1-15218, Adarsh Nagar, Manuguru, Bhadradri Kothagudem District, Telangana State) AND ...PETITIONERS

1. The State of Telangana, lts Rep by Principal Secretary, Revenue Department, Government of Telangana, Secretariat, Hyderabad. 2. The District Collector, Bhadradri Kothagudem District, Tetangana_ 3. The Revenue Divisional Officer, Bhadrachalam Division. Bhadradri _ _ Kothagudem District

4. The Assistant Director, Survey and Land Records, Bhadradri Kothagudem District.

5. The Tahsildar, Dummugudem Mandal, Bhadradri Kothagudem District. 6. The ft/andal Surveyor, Office of Tahsildar, Dummugudem Mandal, Bhad rad riKothagudem District ...RESPONDENTS 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 Writ, Order, or Direction, more particularly one in the nature of Ivlandamus or any other appropriate writ or order or direction, declaring the rejection of F-Line Application No. DER022401080888 filed by Petitioner No. l for ...Er land in Survey No. 69/3E admeasuring 2.00 acres, r, je cted vide R.C. No. 8,156612024 daled 2311212024 F-Line Application No. DEr:1C2240108096 filed by Petitioner No.2 for land in Survey Nos. 69/1 and 69/3Eat nreasuring 1.38 acres and 0.02 Gunts total Ac 1.40 Gunts, rejected vide R.C. l'lt 8156712024 dated 2311212024 F-Line Application DER022401080906 filed r1 Petitioner No.3 for land in Survey No. 69/3E admeasuring2.00 acres, r(: e:ted vide R.C. No. B156812024 daled 2311212024. Rejection of the above dr' rarcation applications by Respondent No.5 as illegal, arbitrary, and violative c' he Petitioners rights under Article 14 and 300-4 of the Constitution of India C >r sequently, direct the Respondents to conduct physical demarcation on gro. 1r I of the Petitioners respective lands situated in F-Line Application No. DER( r22401080888 filed by Petitioner No.1 for land in Survey No 69/3E admeasur r<r 2.00 acres, F-Line Application No. DER02240'1 08096 filed by Petitioner N: l' for land ln Survey Nos. 69/1 and 69/3E admeasuring '1 .38 acres and 0-C I Gunts total Ac 1.40 Gunts, F-Line Application DER022401080906 filed by Pel r.i rner No.3 for land ln Survey No. 69/3E admeasuring 2.00and issue demarc:.ti )n proceedings with clear boundaries. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr )rrcumstances stated in the affidavit filed in support of the petition, the High C: .rl may be pleased to Direct the Respondents to conduct physical O"rrt6a'rt) I on ground of the Petitioners' respective lands situated in , F-L'r,: Application No. DER022401080888 filed by Petrtioner No.1 for land ln Survey No. 69/3E admeasuring 2.00 acres, F-Line Application No. DEF )t240108096 filed by Petitioner No.2 for land ln Survey Nos. 69/'1 and 69/3E 3:jrreasuring 1.38 acres and 0.02 Gunts total Ac 1.40 Gunts, F-Line Application D : 1022401080906 filed by Petitioner No.iJ for land ln Survey No. 69/3E admea,;uring 2.00 acres, and issue demarcation proceedings with clear boundaries. Counsel for the Petitioner: SRI NALLAPU MANIDEEP Counsel for the Respondents: SRI L. RAVINDER, AGP F( tF pgy5lgt The Court made the following: ORDER %&w HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO.2O322OF 2025 ORDER Heard Ml. Nallapu Manideep, learned counsel for the petitioners ancl Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appealing for the respondents

2. Petitioners are claiming that they are the absolute owners and possessors of land admeasuring Acs.2.00 guntas 1n Sy.No.6913A, Ac.1.38 guntas in Sy.No.69/1, Ac.0.02 gur.rtas in Sy.No.69/3E and Acs.2.00 guntas in Sy.No.69/3Q, situated at Dummugudem Mandal, Bhadradri-Kothagudem District. They have submitted three F-line applications aide I.D.Nos.DER022401080888, DER02240108096 and D8R022401080906 on 07.12.2024 to the 5 ' respondent with a request to conduct survey and demarcate the subject property while fixing the boundaries. Vide Memos, all dated 23.72.2024, 5tl, respondent rejected the said request on the ground that measurements in Field Measurement Book are not available and he has also placed reliance on Circular No.N2/1741/2010 dated 18.05.2010 Para 3 B.S.O. 34-A Para 20-(A). With the said reasons, 5th respondent rejected the aforesaid three online applica tions aide three memos, dated 23.12.2024. Chalienging the said Memos/rejection orders, petitioners filed the present writ petition. IffiHfif \..nr\" \\ - 2

3. \Vhereasr, Ir'{r. L.Ravinder, Iearned Assistant G n ernrnent Pleader for Revenue, on instructions, would subrnit that ;aid memos are appealable orders in terms of Section 11 of the Tel;' tr lana Survey and Bounclaries Act, 1923. Despite availability of an alter"-rrrtive rernedy, the present writ pctition is maintainablc on the follon,ing three circumstances:

1. 11 uI. A bleach of fundarncntal rights; A r,'iolation of the principles of natural ju ;trce; An cxcess of julisc{iction; or a challengr t r thc aizs of the stiltute or delegated legislation.

4. The saitl principle was also laid down by the llrree [udge Bench of the Apex Court ir-r Asst. Commissioner of State T,,x Vs. Commercial Steel Limitedr and also Whirlpool Corporation Vs. R:gistrar of Trade Marks, Mumbair. Whereas, thc present case is nol (.rlling any of the aforesaid grour-rds. Tl-rerefore, the petitioners herei 1 cannot contend tha t tl'rough tlrere is an altemativc and efficac o us remedy, the present writ petition is maintainable. There ar'c se\/eral factual aspects which this Court cannot consider in a pr tition filed under Article 226 of the Constitution of India. Th,.,rcfore, this writ petition is not maintainable and is liable to be disr n ssed. l Manu/sc/o8oU2021 '(rgsg) a scc iSFn { '": -"w 3

5. In the light of the same, this Writ Petition is disposed of granting liberty to the petitioners to prefer an appeal ir-r terms of Section 11 of the Telarrgana Survey and Boundaries Act, 7923 belore the appellate authority challenging the aforesaid rejections aide Memos, all dated

23.12.2024 of 5th respondent and on filing the Same, the appellate authority shall dispose of the sarne. There shall be no order as to costs Consequently, miscellaneous applications pending, if any, shall stand closecl //TRUE COPY// S ED ABDULLA KHAN ISTANT REGISTRAR S SECTION OFFICER To, 1 The Princioal Secretary, Revenue Department, Secretariat, The State 6f Telangana, Hyderaba d vernment of Telangana, \

2. The District Collector, BhadradriKothagudem District, Telangana' 3. The Revenue Divisional Officer, Bhadrachalam Division, BhadradriKothagudem District

4.TheAssistantDirector,surveyandLandRecords,BhadradriKothagudem District. 5-TheTahsildar,DummugudemlVlandal,BhadradriKothagUdemDistrict. 6. The Mandal Surveyor, Office of Tahsildar, Dummugudem ftrlandal' BhadradriKothagudem District

7. One CC to Sri Nallapu tr/anideep Advocate [OPUC] B. Two CCs to GP for Revenue, High Court for the State of Telangana' at Hyderabad [OUT]

9. Two CD Co pres s TJ GJ I l HIGH COURT DATED:1510712025 ORDER WP.No.20322 of 2025 1, I \ : 0[T zl[t .:.) :t .,! . ,/ |.//' DISPOSING OF THE WRIT PETITION WITHOUT COSTS