✦ High Court of India · 18 Mar 2025

High Court · 2025

Case Details High Court of India · 18 Mar 2025
Court
High Court of India
Decided
18 Mar 2025
Bench
Not available
Length
1,207 words

6. lndrakanti Rajesh Kiran, S/o. Sri Ramulu age 35 years, Occupation Business, R/o. H.No.29,1 294, Vinayakanagar, Neredmet, Malkajgiri, Hyderabad.

7. P.Vi1aya, Wo. P.Ravikumar age 32 years, Occupation Household, R/o. H.No.5-3-188, Goshamahal, Baradar, Hyderabad - 500012

8. Rajesh Viswakarma, S/o. Gaya Prasad aged 49 years, Occupation Business, R/o. H.No.B-13/1, Sainagar Colony, Saroornagar, Rangareddy District - 500005 9 lVlohammed Khaja Qutubuddin, S/o. Mohammed Ghouse Mohiuddin, aged 33 years, Occupation Business, R/o. H. No.12-2-895/A/8, Zebabagh, Asifnagar, Hyderabad.

10. K.S.C.D. Prasad, S/o. K.V.V.Satyanarayana aged 21 years, Occupation Business, R/o. Flat no.101, Street no.9G, Itlaitri Apartment, Himayatnagar, Hyderabad.

11. G.Vijay Anveshan, S/o. G-V. Rao age 30 years, Occupation Business. R/o. H.No.1-10-1l5A, Ashoknagar, Hydeabad.

12. N.SatyanaraYana, H.No.19-81, C-19, Adilabad. S/o. Raiam aoe 48 years. Occupation Business R/o "'il.ji"'Foii#"staiioh. ibc tcjwnsr'ip. Manchiraval'

13. Padmaia Ban<lreddi. W/o. Raghu Bandreddi age 51 years' Occupation " h;;;'ir?", ti"-Hrt rlo" roil'd,tuor'i Krishnanagar Colonv' Secunderabad 500380 -Apartme"nt' '14. Balam Srisailam, S/o. Balam Aoriculture, R/o H.No 1-58, RingareddY District. Pedda Balaiah age 54 yedrs, Occupation - lbrahiri,patnam mandal, n"Oioatd village,

15.Kondam Shilpa Reddy, W/o. Kondam- IMahigal Reddy '" ilZirrlii"" [ous"w't,i, R/o. H No 5-e-360/19' Dhara HJ!idffiii,;; coronv, Viprat Alwal, Rangareddv District age 44 Enclave, years, Near ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of,WritofMandamustoappointanAdvocateCommissionertomeasure'survey and demarcate the subject land Ac 2-17Gts in Sy no 826ee situated at lbrahimpatnam khalsa, lbrahimpatnam mandal' RR District and interfering either by the unofficial respondents herein or any third parties as arbitrary' illegal and in ViolationofArticlesl4'21and300-Aoftheconstitutionoflndiaand consequently direct the official respondents to restrain the respondents 4 to 15 from any sort of illegal interference in the above said subject lSnd' IA O: 10F 2024 PetitionUndersection,l5,lcPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to survey and demarcate the appoint an Advocete Commissioner to measure' at lbrahimPatnam khalsa, subject land Ac.2-17Gts in Sy'no B26ee situated lbrahimpatnam mandal, RR District, pending disposal of the writ petition' Counsel for the Petitioner: SRI K'SAl KRISHNA MOHAN RAO Counsel for the Respondent No'1 to 3: AGP FOR REVENUE The Court made the following: ORDER BSR HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2166O of 2o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ". . .. [o issue ang u)it, order or direction more particularlV one in the nature of, Wit of Mandamus to appo{nt an Aduocate Commissioner to measure, surueg and demarcate the subject land Ac.2-17Gts in Sy.no.826ee situated at lbrah[mpatnam khaLsa, Ibrahimpatnam mqnda| RR Di.strict and interfeing either bg the unofficial respondents herein or ang third parttes as arbttrara, iltegal and in uiolation of Artictes 14, 21 and 3O0-A of the Constitution of India and consequenttA direct the offictal respondents to restrsin the respondents 4 to 15 from anA sort of illegal interkrence in the . aboue said subject Land...."

2. It is the case of the petitioner that he is the owner and possessor of land admeasuring Ac.2-17 gts in Sy.No.826ee situated at Ibrahimpatnam Khalsa Village, Ibrahimpatnam anM da1, Ranga Reddy District, having purchased the same from the lawful owner in the year ' 1983 and his name was mutated in the revenue records and he was also issued l I pattadar passbook and title deed. It is further case of the petitioner that since the date of purchase he is in possession arld enjoyment of the same. It is also case of the petitioner that when the disputes arose with the adjacent land owners i.e, Lake Village Orchids and others, he instituted a suit vide O.S.No.597 of 2OI7 on the file of VII Additional Senior Civil I : '\ Judge, Ranga Reddy District, at L.B.Nagar, seeking perpetual injunction and the same was decreed vide judgment and decree dated II.OZ .2O lg restraining the defendants therein from interfering with the possession and enjoyment of the petitioner over the suit property. It is furl_her case of the petitioner that the respondent Nos.4 to 15, who are no way concerned with the subject property are frequently interfering with his possession and enjoyment of the petitioner and as such, he submitted application No.AODO2230OO56590 dated O5.O8.2O23 seeking to conduct survey of the subject property. The grievance of the petitioner is that even after reci:ipt of the said application dated o5.0g.2o23, the respondent authorities are not taking any action.

3. Considered the submissions of learned counsei for both sides and perused the record.

4. karned Assistant Governnlent pleader for Revenue has submitted that the petitioner has not made the F_Line application and if the petitioner makes F_Line application duly enclosing all the necessary documents seeking for conducting survey of the subject land, the respondent authorities wilr consider the same, irr accordance with iaw. I I I 7 l

5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make a fresh F-Line application, duly enclosing all the necessary documents and in the event of such an application being submitted by the petitioner and if the said application complies with ail the requirements of the circular instructions issued by the Commissioner, Survey, Settlements and Land Records uide Rc.No.Nl 16543199, dated 25.O7.2OO7, Rc.No.N1/ I4O8l07, dated 13.O7.20O7, and Rc.No.N2/1741l 2010, dated 18.05.2010, respondent No.3 is directed to conduct survey and demarcation of the subject land, within a period of eight (8) weeks from the date of receipt of such application.

6. With the above observations, this Writ Petition is disposed of. There sha11 be no order as to costs' As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPY// SD/. SREE RAMA MURTHY DEPUTY REGIST SECTION OFFICER To, 1 The Principal Secretary, Revenue Dept, at Secretariat' Hyderabad' State of Telangana.

2.TheDistrictCollector,RangareddyDistrict,atKongaraka|an'Ibrahimpatnam. 3. The Tahsildar, lbrahimpatnam Tahsil, at lbrahimpatnam' 4. One CC to SRI K.SAI KRISHNA MOHAN RAO' Advocate IOPUCI 5. Two CCs td Gp FOR REVENUE, High court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR ......, HIGH COURT DATED:1 810312025 t I ORDER WP.No.21660 of 2024 t ,t J ,j 6a STa 1 €' 1 1 g APR 2825 ' a) +,/ t O4, .;9 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ t1 l+ EK

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