High Court · 2025

petition under Section 1 5 i CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant stay of a' further proceedings in pursuance to the Notice issued by the 3rd Respondent in A4/121812025, dt 18 07.2025 proposrng to conduct demarcation of Sy.Nos.98, 136 & 142 of Golkonda Khurd Village, Shamshabad Mandat, R.R.District, pending disposal of the main Writ petition. IA NO:40 F 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to permit and receive the copies of Additional Material paper in the above w.p.No. 21538 0f 2025 pending disposar of the above writ petition. IA NO:30 F 2025 Between: Fdffd#ooJ;,i1";'1"",$'e-?ifl,4'"s,:f, J,i,fl lla",i?#i".x,:,.,: ...PETITIONER AND 2 J 4 1 Polamraiu Kondal Rao. Sio. Late P Rama(rishna.Murthy' 4S9q about,60 v;;]i: a;. $ii"",'Tirolrirt r.rt.+b+, erue srock, My Honie Rainbow Apts., Tolichowki, HYderabad 08 Vellanki Rama Krishna, S/o. V Madanalohg.na Rao' Aoed about 60 years' occ Business, R/o. B-3-9;b;#"d9' F"1 rtro sts' M"v Home Madhuban nirrtr""t, Srinagar Colony, Hyderabad T3 B. Dinakar. S/o. Srinivasa Murthy, Aged about 56 years' Occ Employee' R/o' il N; 'i'iii, 5rin ciii""v' rhirumiisir[ Secunderabad Ivlanda Surya Prakash, S/o lrtl'S P Sastry'- Ag-ed . about 60 years' "Occ iift;;'.:"'Ai"' nlt-ri".z's\ riNo ro-iz'07, ?ashion Apartment' west I\ilarredpally. Secunderabad. Koneru Srinivasa Ramesh Chowdhary' S/o K Ap-pa. Rao Aged about 48 -rl r'lo. elt-zzqrat^G-Vora Towers' [t/adhura ?E]rJ. o""l' ilrsn"si, nlo r'{ig'ri, v-.i*rrsuda lv'lain Road, Hyderabad 500 026 Briqardier Annaluru Gopala Krishnaiah, S/o Late A.Sundara Ramaiah' Aged about 84 Years, occ n"tir"i'e'i,i'b-tri*i nrc H-No c-15/2' AFocHS 2ND e;;;;."t nilo,'sirirprii, (,p'j'h"nga Reddv District - 5000s4 Bandaru Venkata Ramana Rao, S/o B' Venkatg.shwar- Aoed about 57 Years' occ Employee, R/o. sRr roli]'sli'ti r'i'"ri'i' [vo"iin'o-soo ota N.V,RaqhavaRao,S/o.N.V'KoteswaraRqoAge.5gvears.occ.Business, r,,rrr,r.,, ii"JtJ.iv, s,inJsar botony, Hyderabad 500 073 ii;J ri"I"ri;;or' The State of Telangana, Rep.by its Principal Secretary' Revenue Department' Secretariat Building, HYderabad '6ii o 7 o 5 B 'l0.The District Collector, R R.District at Kongarakalan I 1 . The Asst. Director, Survey and Land Records' R R'District 12.f he Revenue Divisional Officer, Raiendranagar Revenue Division' R.R District. 1 3. The Tahsildar, Shamshabad Mandal, R.R District 14. The Deputy lnspector of Survey, Survey and Land Records' Ranga Reddy District ..RESPONDENTS Petition under Section 15'1 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto vacate the interim stay granted in l.A No 1 of 2025 in W P'No 21538 of 2025' dated..24to7 t2o25 and dismiss the writ Petition with cost in the interest of justice' counselforthePetitioner:SRIVEDULASRINIVAS,ST.CoUNSEL,REP.FoR SMT VEDULA CHITRALEKHA Counsel for the Respondent No.1 to 5 & 7: SRI L'RAVINDER' AGP FOR REVENUE ,o7 ; counser for rhe Respondent No.6: r.Si"r:igtxililli., couNSEL, REp. The Court made the following: ORDER ':.',,;}i'*.,.; --, HON'BLE SRI JUSTICE K. LAKSTIMAN WRIT PETITTON No.215380F 2025 ORAI, ORDER: Heard Sri Veduta Srinivas' leamed Senior Counsel representLng Srnt. Ve<lula Chitralekha' leamed counsel tbr the petitioners' Sri L.Ravinder, learned Asst Govt Pleader for Revenue and Sri V.Raghunath, learned Senior Counsel representing Ms' V'Sanjana' learne<1 counsel appearing fbr respondent No'6'

2. 1.he petitioners are claitling that they are absolute orvners and possessors of the land admeasuring Ac '3 '17 gutnas in Sy'No' l 36' Ac.0.20 guntas in Sy'No'98 and Ac'2'00 guntas in Sy'No'137 situated at Chinna Gotkonda Village, Shamshabad Mandal' Ranga Reddy District' 6'h respondcnt is claiming thc land admeasuring Ac'3'70 gttntas in Sy.No.i36 of the very same village'

3. 6'h respondent has filed a writ petition vide W'P'No'13959 of 2025 todeclare the action of Municipal Surveyor Shamshabad Mandal in conductiug irnpugned sub-classihcation of patta land into various numbers by virtue of location and sketch vide Fite No'G/662l663 and 664 of 2Oll without providing opportunity as illegal' Vide order dated o2.o5.zoz4,this courr disposed of the said writ petition granting liberty to the petitioner to prefer an appeal' if he is aggrieved lurvef 2 and on filing appeal, tl.re appellate authority to clispose of the said appeal as expediriously as possible, preferably, within a period of two (02) tnonths fi'om the date of receipt of a copy of this ordcr.

4. 6'h respondent has filecl an appeal vide Id.No. AOD022500071254 dated 30.04.2025 with 3.d respondenr challenging the surve1,, dated 1g.0g.2017

5. Perusal of the record would also reveal that the Mandal Surveyor has issued notice dated 31.03.201 7 and 7,t, respondent conducted survey on I 9.09.2017 subrnittcd lepoft including panchanalna. Challenging the said panchanama and survey repoft, 6,r, respondent preferred the aforesaid appeal. It is also relevant to note that the petitioncrs and others filed a suit vide O.S.No.2 44 of 2025against 6,h respondent and olhers ftrr perpetual injunction. 6rl, respondent has filed a suit vide o S'No'3g7 0f 2022 against the petitioners tbr declaration of titlc and perpetual injunction. There are no interim ordcrs in both the

6. Dttring the pendency of the aforesaid suits, 6,r, respondent requested 5'L respondent to conduct survey of the Iand i, Sy.Nos.gg, 136 and 142 ol' Cl.rinna Golkonda Khurd Village, demarcate his land in Sy.No. I36 by fixing boundaries. On receipt of the said application, 5rh // ,/ 3 respondent entrusted suruey to 7'l'respondent, who in turn, issued notice dated 18.07.2025 fixing survey on 26-07.2025.

7. In the light of the aloresaid facts, during pendency of the aforesaid suits,6,h respondent ca,not Seek survey from 5th respondent. If there is any dispute with regard to identification or physical f'eatures of the suit schedule property or physical features of the said propefty are to be noted, they have to frle an application under Order 26 Rute 9 of CPC in the said suits, to appoint an Advocate Commissioner lor the purpose of conducting survey with the hetp of survey officials or note down the physical features. But they carLnot seek an independent survey'

8. Without considering the said aspects, 7th respondent has issued notice dated 18.07.2025 fixing surwey on 26'07'2025' Therefore' the impugned notice dated 18.07.2025 is liable to be set aside' g.Inthelightoftheaforesaiddiscussion,thiswritpetitionis disposed of. The impugned notice dated 18'07 '2025 of 7th respondent is set aside. Liberty granted to the petitioners as well as 6th respondent to take steps in the aforesaid suit by way of filing an application under Order XXVI Rule 9 of CPC to appoint an Advocate - Commissioner for the purpose of conducting survey with the help of Survey Department officials or note down physical features of the suit schedule property therein. It is for the trial Court to consider the same' However' 3'd \ \ 4 . i,: respondent shall dispose of the appeal filed by 6rh respondent vide Id.No.AoD022500071254 dated 30.04.2025 strictly in accordance with larv by putting the petitioners, respondent No.6 and ail interested parties on notice and affording opportunity. As a sequel thereto, miscellaneous petitions, if any, pending in the ri,rit petition shall stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER t Ihq Princip_al Secretary, Revenue Department, Secretariat Building, Hyderabad, State of Telangana.

2. The Diskict Collector, R.R.District at Kongarakalan 3. The Asst. Director, Survey and Land Records, R.R.District 4 The Revenue Divisional Officer, Rajendranagar Revenue Division, R. R. District

5. The Tahsildar, Shamshabad lVlandal, R.R District 6. The Deputy lnspector of Survey, Survey and Land Records, Ranga Reddy District.

7. One CC to SMT VEDULA CHITRALEKHA, Advocate [OPUCI B One CC to t\4s. V.SANJANA, Advocate [OPUC] 9 Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

10. Two CD Copies BSR BS W HIGH COURT DATED:02 t}gt2O2S ORDER WP.No.21538 of ZO2S 15 sEP 2[6 \\_. '.trcuEc. r d DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q