✦ High Court of India · 18 Aug 2025

High Court · 2025

Case Details High Court of India · 18 Aug 2025
Court
High Court of India
Decided
18 Aug 2025
Bench
Not available
Length
1,168 words

Judgment

1. The State of Telangana, Rep by its pri Secreta riat, Hyderalad. cipal Secretary, Revenue Department, 2 3 4 The District Collector, Bhadadri Kothag dem Dist The Tahasildar, Mulkalapally Mandal, B adradri Kothagudem District. The Mandal Surveyor, Mulkalapally Ma dal, Bhadadri Kothagudem Dist 5 S U n na m hC a ta mp U tam a n S S o S U n na m Baza rU b ed a ou U Itu re ase M U a a a ly M nda B ad ad rI Ko ha ud m D S r ct k h rS occ s Jt 2 Ag p s ...RESPONDENTS Petition under Article 226 of the Con circumstances stated in the affidavit filed pleased to issue a writ, order or direction mo Mandamus UlAtl 226 of Constitution of respondent No.4l'Mandal Surveyor in i 12-08-2025 of intended Survey of land on 19

titution of lndia praying that in the therewith, the High Court may be e particularly in the nature of writ of lndia declaring the action of the suing notice No Bl44Bt2O2S Dt 08-2025 in Sy No 171 to demarcate : 'I I I i land measuring Acre 2-30 of Mulkalpalli village, Badadri Kothaagudem District without issuing notice to all neighboring land holder in abutting survey numbers is illegal and arbitrary in terms of article 14 of the constitution of lndia and set- aside the same and pass such other in the interest of Justice IA NO: 1 OF 2025 Petition under Section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petitron, the High court may be pleased to grant stay of proposed Survey on 1g-og-2025 in terms of the notice No 8144812025 Dt 12-08-2025 received by the petitioner on 13-08-2025 at 3pm pending disposal of writ petition. Counsel for the Petitioner: SRI T.SHARATH Counsel for the Respondent No.1 to 4: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER *Ir;qry HON'BLE SRI JUSTI E K. LAKSIIMAN WRIT PETITI ON .24399 0F 202s ORAL ORDE R: Heard Mr.T.Sharath, leamed counsel for the petitioners and Mr.L.Ravinder, learned Assist t Govemment Pleader for Revenue

2. Petitioners herein are claimi g that tliey are the absolute owners and possessors of total land admeasuring Acs.6.07 guntas in Sy.Nos. 170/s, 17 l/6, tj2tes, 110n /ryl, 170t Lte. t7 1 /6 and 172/9, situated at Sitaramp am Village, Mulakalapalli Mandal, Bhadradri - Kothagudem istrict. Respondent No.5 has filed a suit in O.S.No.93 of 2021 gainst petitioner Nos.2 to 4 seeking declaration of title and r overy of possession and the same was dismissed vide Docket Or er dated 14.06.2024.

3. According to Mr.T.Sharath, learned counsel for the petltloners, respondent No.5 did no file any appeal against the said Docket Order dated 14.06.202 . Therefore, it has attained finality.o 2

4. Vide order dated 17.06.2025, leamed Additional Agent to Government, Bhadrachalam, has dismissed the Appeal filed by respondent No.5 vide C.M.A.No.61 of 2024' Thereafter, respondent No.5 has submitted an application to respondent No'3 with a request to conduct suruey of land admeasuring Acs'2'30 guntas in Sy.No.171, situated at Pusugudam Village, Mulakalapalli Mandal, Bhadradri - Kothagudem District' On receipt of the saicl application, respondent No.4 has issued notice dated 12.08.2025 fixing the sun'ey on i9.08.2025 in respect of land admeasuling Acs.2.30 guntas in Sy.No.171, situated at Pusugudam Village. 5 The grievance of the petitioners is that respondent Nos'3 and 4 are not considering F-line applications bearing Nos.DER022 501213529 , DER0225012 t 3 526 DER022501213520, all dated i4.08.2025 submitted by the petitioners seeking to conduct suruey and demarcate the subject property by fixing boundaries in accordance with law' -484v ., ,,, 3

6. Whereas, leamed Assista Government Pleader for Revenue, on instructions, would ubmit that respondent Nos.3 and 4 will consider the F-line a plications submitted by the petitioners and respondent No.5, c nduct survey and demarcate the properties by fixing the boun aries, strictly in accordance with law.

7. In the light of the same, tice to respondent No.5 is dispensed with. This Writ Petiti nls disposed of directing respondent Nos.3 and 4 to con der the F-line applications bearing Nos. Nos.DER02250l213 29, D8R022501213526 and D8R022501213520, all dated I

08.2025 submitted bY the petitioners and also the application ubmitted by respondent No.5 I seeking to conduct sulvey ln re pect of lands admeasuring Acs.6.07 guntas in Sy.Nos.170/€9, t1u6a, l72l@, llDlllell, llollleJ. 1111G3 and 172lel, situa d at Sitarampuram Village, Mulakalapalli Mandal, Bhadradri Kothagudem District and Acs.2.30 guntas in Sy.No.17l, si ated at Pusugudam Village, Mulakalapalli Mandal, Bhadradr Kothagudem District 4 \ respectively, in accordance with law, by putting the petitioners, respondent No.5 and all interested parties on noticc and affording thern an oppoftunify. If respondent Nos.3 and 4 are not incliued to accept the request rnade by the petitioners and respondent No.5, they shall assign specific reasons, pass a rcasor.red older and communicate copy of the same to the petitioners and respondent No.5. However, they shall complete the entire exercise within forly-five (45) working days frorn the datc of receipt of a copy of l.lris order'. There shall be no order as to costs. As a secluel, rniscellaneous petitions, if any, pending in the writ petition shall stand closed. //TRUE COPY// SD/. B.CHANDRA PRAKASH oeeurv REGISTRAR \r \ SECTION OFFICER \- The Principal Secretary, Revenue Department,$ cretariat, Hyderabad, State of Telangana. To, 1

2. The District Collector, Bhadadri Kothagudem District 3. The Tahasildar, Mulkalapally Mandal, Bhadradri Kothagudem District 4. The Mandal surveyor, Mulkalapally Mandal, Bhadadri Kothagudem District. 5. One CC to SRI T.SHARATH, Advocate [OPUC] 6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

7. Two CD Copies BSR PSK HIGH COURT DATED: 1810812025 CC TODAY HE STAIc 1 t( ti.l \\; 1 g [u$ ?t?5 c) .L I .=.SPi.T * ORDER WP.No.24399 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t sr? j I I I l I I I I i i I I I i I

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