Aleti Sidda Reddy v. 1. The State of Telangana

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 one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly the action of respondents 2 to 6 in not conducting survey and fixing the I I I I i 7 boundaries for the agricultural land in an extent of Ac.3.1g guntas situated in sy.No.56/F of Potharam (s) village, Husnabad Mandal, Siddipet District including Memo Rc.No.B 116-12812023, dated 16-09-2023 issued by the 4th respondent as illegal, arbitrary and contrary to the provisions of survey and boundaries Act and also violative of articles of 14. 21 and 300-4 of constitution of lndia besides violative of principles of natural .iustice and consequenfly direct the respondents 2 to 6 to conduct survr:y and fix the boundaries to the above stated land with the help of 7th respondent. l.A.NO:'l OF 2023 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 2 to 6 to conduct survey with the herp of 7th respondent and fix the boundaries to the petitioner's agricurturar rand in an extent of Ac.3.1 g guntas situated in Sy.No.56/F of potharam (S) Viilage, Husnabad Mandar, siddipet District, without reference to lvlemo Rc.No,B/16-12 812023, dated 16-09-2023 issued by the 4th respondent, pending disposal of the writ petition. Counsel for the Petitioner : SRt VADLAKONDA RAV| KUMAR REDDy Counsel for the Respondent Nos.1 to 6 : AGp FOR REVENUE Counsel for the Respondent No.7 : AGp FOR HOME Counsel for the Respondent No.8 : SRl. M. KRISHNA KUMAR GOUD The Court made the following ORDER l w ; ! I THE HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.269O1 of 2023 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, the petrtioner herein prays that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action o[ the respondents more particularly the action of respondents 2 to 6 in not conducting survey and hxing the boundaries for the agricultural land in an extent of Ac.3.18 guntas situated in Sy.No.56/F of Potharam (S) Village, Husnabad Mandal, Siddipet District including Memo Rc.No.B/ l6-12a12023, dated 16 09 2023 issued by the 46 respondent as illegal, arbitrary and contrarJ' to the provisions ol Survey and boundaries Act and also violative of articles of 14, 2l and 300-A of Constitution of India besides violative of principles of natural justice and consequently direct the respondents 2 lo 6 to conduct sun'cv and fix the boundaries to the above stated land with the help of 7tr' respondent and to pass such other orders as may deem fit and proper in the circumstances of the case."

2. It is stated that the petitioner is the absolute owner and possessor of agricultural land admeasuring Acs. 3.18 guntas in Survey No.56/F, situated at Potharam (S) Village, Husnabad Mandal, Siddipet District (for short, 'the subject landJ and his name is mutated in the revenue records alrd cultivating the subject land and also receiving the aid from the Government under Rythubandhu scheme etc. It is further stated that when private parties are making illegal construction in part of the subject land, the pelitioner was constrained to file a writ petition on the file of this Court uide W.P.No.23421 of 2023 and the said writ petition is pending. It is further stated that in order to avoid unnecessary litigation and to fix the boundaries, the petitioner has filed an application before respondent Nos.2 to 6 to I 2 W.P.No.269O1 of 2O2s -' CVBR, J 5i conduct survey and fix the boundaries and the Mandal Surveyor issued notice dated 18.08.2023 proposing to conduct survey on 28.08.2023. The grievance of the petitioner is that the 4ft respondent has issued Memo Rc.No.B/ 16-128/2023 dated 16.09.2O23 stating that as the 8tr, respondent is objecting for r:onducting survey as there are civil disputes pending between the partie s with regard to the subject land, the petitioner was suggested to resolvr: the problem through the civil Court. Hence, the present writ petition.

3. Learncd counsel for the petitioner has submitted that in terms of the circulars issued by the Commissioner, Survey, Scttlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges, but the 4fi respondent has issued the impugned Memo Rc.No.B /16-12g/2023 dated 16.09.2023 stating to resolve the problem through the civil court as there arc civil disputes pe.ding between the parties rvith regard to the subject land. Le;rrned counsel for the petitioner further contended that when the 8s respondent is frequently interfering with the peaceful possession of the subject land of the petitioner and causing inconvenience, the petitioner was constrained to institute a suit uide o.S.No.23o of 2023 and the said suit is pending for adjudication. 4 Learncd counsel appearing for the Srh respondent submitted that when the petiti.,er made efforts to encroach into the land of the gfr ) w/. 3 CVBR, J W.P.No.269O1 oJ 2023 respondent, the Srh respondent also instituted a suit for bare injunction uide O.S.No.217 of 2022 and the said suit is pending for adjudication'

5. This Court has carefully considered the submissions made by the learned counsel for the petitioner, learned Assistant Government pleader for Revenue appearing lor respondent Nos.1 to 6, learned Assistant ! , Government Pleader for Homc for respondcnt No.7 and learned counsel for respondent No.S and perused the record.

6. Pima facie, on verification of records, it appears that there are civil disputes pending between the parties rvith regard to the boundaries o[ the subject land.

7. In view of the above and since it is stated that both the suits i'e', o.S.No.230of2023filedbvthepetitionerando.S,No.2|7of2022filedby the 8e respondent, are pending for adjudication, the ends ofjustice would be met if the petitioner is permitted to make an application in the pending suit for appointment of an Advocate commissioner for surveying the subject land with the assistance of the Assistant surveyor and if the petitioner files a memo for joint trial of both the suits i.e., o.S.No.23O of 2023 frled by the petitioner and o.s.No.217 of 2o22 filed by the 8h respondent, the trial court shall also consider the said application in accordance with law and pass appropriate reasoned orders. -\ I 4 CVBR, J I W.P.No.269O1 of 2023 , llq

8. With tl-rr: above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, it any, shall stand closed. \ To //TRUE COPY// SD/- A. RINIVASA REDDY NT REGISTRAR A S ECTION OFFICER '1 . The Principal Secretary, Department of Revenue, reta ri at Buildings, Telangana Secretariat, State of Telangana at Hyderabad.

2. The District Collector, Siddipet District, Siddipet. 3. The Revenue Divisronal Officer, Husnabad, Husnabad N4andal, Siddipet District.

4. The Tahsildar, Husnabad Mandal, Siddipet District. 5. The Assistant Director, Survey and Land Records Survey Department, Husnabad, Siddipet District.

6. The Deputy Director Survey and Land Records, Survey Department, Husnabad, Siddipet District.

7. The Station House Officer, Husnabad Police Station, Husnabad, Siddipet District.

8. Two CCs to GP FOR REVENUE, High Cou( for the State of Telangana at Hyderabad. [OUT]

9. One CC to SRI VADLAKONDA RAVI KUMAR REDDY, Advocate [OPUC] 10.one cc to SRI M. KRISHNA KUtvlAR GOUD , Advocate. [OPUC] 1 1 . Two CD Copies SA GJ,% I HIGH COURT DATED:1610412025 ORDER WP.No.26901 of 2023 :\\ I (J )- 10 JUr 206 'z- ) * SP4'6 DISPOSING OF THE W.P WITHOUT COSTS. b