✦ High Court of India · 20 Aug 2025

The High Court · 2025

Case Details High Court of India · 20 Aug 2025
Court
High Court of India
Decided
20 Aug 2025
Bench
Not available
Length
1,079 words

2. Smt. Hardhgeri Sunitha Reddy, W/o H.Vidyaprakash Reddy' Age_d 44 years Occ Pvt Employee. Fl/o flat No 303, 14th Block, Malaysian Township r K. P.H.B.Colony, (Raintree park), Hyderabad.

3. Smt H Saraswathamma, Wo Late H. Baba Reddy, Aged 70 about years Occ Household R/o Flat No 303.141h Block. IMalaysian Township K.P.H.B.Colony. (Raintree park). Hyderabad. .....PETITIONERS AND '1 . The State of Telangana, Rep.by.its Principal Secretary, Revenue Department Secretariat, Hyderabad.

2. The Tahsildar, Bhoothpur Mandal, [t/ahabubnagar District 3. The Assistant Director, Survey and Settlement Records Department lvla ha bu b naga r Di strict.

4. The Mandal Surveyor, Bhoothpur Mandal, Mahabubnagar 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 an appropriate writ or direction, more particularly a writ in the nature of Mandamus to declare the in-action of the respondent No.2 to 4 in conducting the re-survey and demarcating the boundaries in respect of the schedule property i.e., agriculture land admeasuring Ac.4.03 Gts in Sy No.95' Ac.9.31 Gts in Sy.No.94, Ac.7.O5 Gts in Sy.No.95- Ac.2.28 Gts in Sy.No 95/AA' Ac.2.27 Gts in Sy.No.96/4 and Ac.1.14 Gts in Sy.No.gri/AA, Ac.1.36 Gts in Sy.No.99, Ac.1 .24 Gts in Sy.No.100, Ac.1.17 gts in Sy.No.'101/A Ac.'1 .'l 3 in Sy.No.96/AA. Ac.O.20 Gts in Sy.No.101/AA, Ac.1.37 Gts in Sy.No.'102 totally land admeasuring Ac.34.95 Gttituated at Kappeta village o' Bhoothpur Mandal, Mahabubnagar District. pursuant to the appeal on demarcatron application dated 1210612025 is illegal, arbitrary and u nconstitutio na I and consequently direct the respondent Nos'2 to 4 to conduct re-survey and denrarcate the schedule propertyi.e.,agriculture land admeasuring Ac.4.03 Gts in Sy No.95, Ac.9.31 Gts in Sy.No.94, Ac.7.05 (its in Sy.No.95, Ac.2.2B Gts in Sy.No.t)5/AA, Ac.2.27 Gts in Sy.No.96/A and Ac.l.14 Gts in Sy.No.96/A4, Ac.l .36 Os in Sy No.99. Ac.1.24 Gts in Sy.No.10O. Ac.1 .17 gts in 10'1 01/A. Ac.'1 .'1 3 in Sy.No.')6r,44. Ac.0.20 Gts in Sy.No.l (11/AA, Ac.'l .37 Gts rn Sy.No.102 totally land admt:asuring Ac.34.95 Gts situated at Kappeta village of Bhoothpur Mandal, Mahabubrragar D istrict, pu rsua nt to the appeal on demarcation applicatron vide Application No.AOD022500072498 dated '1210612025. |.A.NO:1 OF 2025 Petition Under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions lo the respondent No.2, 3 and 4 to forthwith conduct the re survey. and demarcate the schedule property i.e. agriculture land admeasuring Ac.4.03 Gts in Sy.No.95, Ac.9.31 Gts in Sy.No.94, Ac.7.05 Gts in Sy.No.95, Ac.2.2B Gts in Sy No.95/AA. Ac.Z.27 Gts in Sy.No.96/4 and Ac.1 .14 Gts in Sy.No.96/AA, Ac.1.36 Gts in SyNo.99, Ac.1 .24 Gts in Sy.No.100, Ac.1.17 gts in Sy.No.101/A, Ac.1.13 in Sy.No.96/A4. Ac.0.20 (its in Sy.No.101/AA, Ac.1.37 Gts in Sy.No.102 totally land admeasuring Ac.ii4.95 Gts situated at Kappeta village of Bhoothpur Mandal, Mahabubnagar District, pursuant to the appeal on demarcation application vide Application No.AOD022500072498 dated

12.06.2025pending disposal of the writ petition. Counsel for the Petitioners : SRI RAJAGOPALLAVAN TAYI Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 2465 6of 2025 ORDER: Heard Sri Rajagopallavan Tayi, learned counsel for the petitioners and Sri L.Ravinder, Iearned Assistant Government Pleader for Revenue.

2. Petitioners are claiming that petitioner No.l is the absolute owner and possessor of land admeasuring Acs.l3.34 guntas in Sy.Nos.94 and 95, petitioner No.2 is the absolute owner and possessor of land admeasuring Acs.l3.34 guntas in Sy.Nos.95, 95/AA,96/A and96/AA and petitioner No.3 is the absolute owner and possessor of land admeasuring Ac.8.27 guntas in Sy.Nos.l0l/A,96lANE, 101/AA, 102, 100 and 99, all situated at Kappeta Village, Bhoothpur Mandal, Mahabubnagar District. In proof of the same, they have filed copies of the latest pattadar passbooks and title deeds. On the request made by petitioners, respondent No.2 has conducted a survey on 28.10.2020. The adjacent owners of the subject property are disputing to conduct the survey. Therefore, ,rt ,li 2 KL, J w.P No.24656 of 2025 petitioners have preferred an appeal by way of an appeal on demarcation application bearing No.AOD0212500012498, dated 12.06.2025 with respondent No.3. Despite receiving and acknowledging the said F-line application, resp,tndent No.3 did not act upon the same. Aggrieved by said inaction of respondent No.3, petitioners filed the present Writ Petition.

3. Whereas, Sri L.Ravinder, learned Assistant Govemment Pleader for Revenue, on instructions, would submit that respondent No.3 is the Competent Authority to decide the said appeal filed by the petitioners and he will deci,le the same strictly in accordance with the procedure laid dou,n under law by putting the petitioners and all intercsted parties on notice and affording them an opportunity.

4. In the light of the said submission, this Writ Petition is disposed of directing respondent No.3 to dispose of the appeal on demarcation application bearing No.AOD022500072498 dated 12.06.2025 submitted by the petitioners challenging the survey dated 28.10.2020 strictly in accordan(re with the procedure laid down under law by putting the peiitioners and \ 3 KL, J W.P.N0.24656 of2025 all interested parties on notice and affording them an opportunity. Respondent No.3 shall dispose of the said appeal within sixty (60) days from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL PUry REGISTRAR SECTION OFFICER nt. Secreta riat, State of To

1. The Principal Secretary, Revenue Departme Telangana at HYderabad. Mahabubnagar District.

2. The Tihsildar, Bhoothpur Mandal, Mahabubnagar District. 3. The Assistant Director, Survey and Settlement Records Department 4. The Mandal-Surveyor, B hoothpur tvlandal, [trlahabubnagar Dillrict 5. Two CCs to GP FdR REVENUE, High Court for the State of Telangana at 6 Ohe CC to SRI RAJAGOPALLAVAN TAYI, Advocate IOPUC] 7. Two CD Copies Hyderabad [OUTI SA GJP -f r.l E .) ?. r, \lt \\ 0 3 sEP :106 .-. ) I .\) t \.*'t.. o.-' -,;/ HIGH COURT DATE D :2 010812025 ORDER WP.No.24656 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. "lq

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