Telangana. by its.trustee v. Rajkumar, S/o

Petition under A(icle 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction and more particularly one in the nature of writ of Mandamus or any other writ decraring the action of the Respondent No'2 in conducting the so cafled survey by bringing private persons without providing the Petitioners with relevant documents and sufficient notice as arbitrary, illegal, and unconstitutio nar and consequenfly direct the Respondents not to take any steps incruding preparation of the report pertaining to the so cafled survey. lA NO: 1 OF 2022 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 refrain the Respondents from taking any steps incruding the preparation of the report pursuant to the so cafled iflegar survey pending disposar of the above writ Petition. lA NO: 4 OF 2022 Petition under section r51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to take this additional affidavit on record. Counsel for the petitioners: M/s. CHALLA APOORVA REDDY Counset forthe Respondent Nos.1 TO 5 & 9: ep FOn REVENUE counser for the Respondent Nos.6 To 8: sRr p.visir.ru VARDHAN REDDy The Court made the following: ORDER ) THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.352O9 of 2022 ORDER: .This writ petition is hled seeking to declare the action of respondent No.2 in conducting the survey by bringing private persons without providing the petitioners with relevant documents and sufhcient notice, as arbitrary, illegal and consequently prayed this Court to direct the respondents not to take any steps including preparation of the report pertaining to the said survey.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner-institution is the owner and possessor of the lands in Sy.Nos.138 and 139, situatecl at Bachupally Village and Mandal, Medchal-Malkajgiri District. It is further stated that in the aforesaid land, a school has been constructed, after obtaining all necessary permissions and the same is functioning as on the date. The case of the petitioners is that the respondent No.2 has issued a notice dated 11.O8.2O22 stating that demarcation/ survey of lands in Sy.Nos. 132, 142, 143 ard 144, situated at Bachupally Village, will be conducted on 3O.Oa.2O22, pursuant to the application dated 21.O1.2022 rnade by third parties. The grievance of the 2 petitioners is that they have not been provided with the basic documents on the basis of which the notice has been issued to conduct survey.

4. Mr. Avinash Desai, learned counsel for the petitioners has stated that the respondent authorities, after issuing notice to all the persons interested and affected, has conducted survey and panchanama was drau,n on 30.08.2022. Learned counsel further stated after reccipt of notice, the petitioners requested the respondent authorities to furnish all the documents relating to the application being made b-v the third parties and also the documents relied by them, to enable Lhe petitioners to give effective objections for conducting survey. Learned counsel further contended that the respondent authorities, without supplying the documents have proceeded with conducting of the survey, which action on the part of the respondent authorities not only amounts to violation of the circular instructions issued by the Commissioner, Survey, Settlements, and Land Records, but also amounts to violation of principles of nat ural justice.

5. Mr. Vishnu Vardhan Reddy, learned counsel appearing for respondent Nos.6 to 8 has strenuously contended that they made an application on the hle of the Tahsildar seeking to conduct survey of the lands in Sy.Nos. 742, 143, 144 and 132, situated at Bachupally 3 Village and the respondent authorities' after issuing notice to a-11 the interested / affected persons' has conducted the survey' [n view of the above subrnissions' to put quietus to the 6. litigation, this Court is of the opinion that ends of justice would be met if the survcy conducted earlier by the Mandal Surveyor' without furnishing the documents to the petitioners is set aside' Accordingly' the Writ Petition is disposed of directing the Deputy Inspector of Survey io conduct survey on ttrc application beiug submitted by respondent Nos 6 to 8, after issuing no+-ice to the petitioners and'all other interested / affected persons, strictly i, terms of the circular instructions of the Survey Settlement and Land Records and consider the objections, if any, aJter furnishing the documents as required by the petitioners, within a period of six (06) weeks from the date of receipt of a coPY of this order As a sequel, miscellaneous applications pending if any' shall stand closed. No costs' SD/-P. GowRIS HANKAR ts ANT REG ISTRAR ,fTRUE COPY,, ECTION OFFICER To ;L?1t:ljf1[!#"::,Sij#ifi'"tr-i'1J'*:H::::1ffi "''*"'n"' l$ffim-ffi{*='tlWT::: HIGH COURT DATED:2310112025 ORDER WP.No.35209 of 2022 { S :-L, i I.: or! a)' ,/., I .J ?1[rl ?!i?5 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS wt8 ,t) \ "\,(