Smt. IV. Vijaya Laxmi v. 'I . The State of Telangana
Case Details
Acts & Sections
Petition Under Article 226 of lhe 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, more particulady a Writ of Mandamus declaring the action of the respondents 3 to 5 in trying to fix the boundaries of the land in Sy.No.43B and 436 of Kolthur Village, Muduchintalapally [\/andal in the land of the petitioner situated in Sy.No.72 (present survey Number 72lE), situated at Sampanbole Village, M uduchintalapally l\,4andal, Medchal Malkajgiri District under the guise of the survey notices issued by the respondent no.5 vide file -/ No.F/455/2023, dated 2BlOOl2025 and file No. 8/61712025, dated iBtO7t2O2S, though the lands are situated in different village sivars and was separzrted by the pathway/road, as illegal, arbitrary, abuse of process of lerw, against rules and violation of principles of natural justice and set aside the notrces issLred by the respondent no.5 vide file No.F/455/2O23, dated 28106t2025 anrj file No. 8161712025, dated 1810712025 with a further drrection to the resp,ondents 3 to 5 not to fix the boundaries of the lands in Sy.No.438 and 436 of Kolthur Village, lvluduchintalapally l\,4andal in the Iand of the petitioner situate,d in Sy.No.72 (present survey Number 72lE), situated at Sampanbole Village. Ir/uduchintalapally Mandal, Medchal Malkajgiri District in the rnterest of justice. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that rn the circumslances stated in the affidavit filed in support of the petition, the High court mi.ry be pleased to grant interim stay of all further proceedings pursuant to the rotices issued by the respondent no.5 vide file No.F/455/2023, dated 28-05-2025 and file No. 8161712025, dated 1B-07-2025, in the interest of lustice. pr:nding disprlssl 6f ths above writ petitiorr. Counsel for the Petitioner : SRI S.SURENDER REDDy Counsel for the Respondent Nos.1 to 5 : SRt L.RAVTNDER Cp. fOn REVENUE Counsel for the Respondent Nos.6 & 7 : The Court made the following ORDER THE HON'BLE SITI.IUSTICE K. LAKSHMAN WRIT PETITION No.26244 of 2025 ORAL ORDER: Heard Mr.S.Surender Reddy, lcarned counsel tbr the petitioner and Mr.L.Ravincler, lcarned Assistant Government Pleader for Revenue.
2. Petitioner herein is chinring tliat she is the abscllute owner and possessor ol land admeasuriu_s Acs.3.00 guntas in Sy.No.72, situated at Sarnpanbole Villagc, N{udr-rchintalapally Mandal, Medchal - Malkajgiri District. In proololthe same, she has filed the copies of latest pattadar passbook. On the request rnade by respondent No.6, r'estr.lt'rnclcnt No.5 has issuecl lotice dated
28.06.2025 fixing the date to conduct survey on 01 .01 .2025 in respect of the land in Sy.No.4-i8, situated at Koltur Village Sivar. On the request nrade by responcicnt No.7, respondent No.5 has also issued notice dated 18.07.2025 fixing l.he datc to conduct survey on 30.07.2025 in rcspect o1- land in sy.No.436, situated at Koltur Village Sivar. 2
3. It is the specific contention of the petitioner that thc land of \ the petitioner ts ln Sampanbolc village and tlic lancls of respondent Nos.(r and 7 are in l(oltul Village S var. l-here is a pathway/road between the said larrds. There arr.r c[isltutes rvith regard to the boundaries of the afbresaid two villagcs. l-herelbre, without serving notice on the petitioners, responrlcnt lrlo.5 can't issue thc afbresaid notices proceeding to concluct- survcy o11
01.01.2025 and 30.07.2025. Challcnging the saici norices petitioner filcd the present writ petition
4. Mr.L.[{avinder, leamed Assistant Governn.tr:ut Pleader fbr Revenue has produced the written instructions o1' respondent No.4 stating that there are boundary disputes betu,ecn two villages i.e, Sampanbole Village and Koltur Village Sivar. Therefbrc, respondent No.4 is not in a positiou lo coltsidcr-the request made by respondent Nos.6 ancl 7. Rcspt,ndent No.4 is going to issr-re said endorsements to rcspondent Ncs.6 and 7. l-he said written instructions are placed on record.
5. In the light of the same, rlotice to rcspondclit Nos.6 and 7 is dispensed with. This Writ Petition is tlisposcd ol'granting libcrty to thc petitioner to subntit objectiotls to rcspolltleut No.4 along with alt the relcvant documents. Respotrdertt No.4 slrall consider and clecide the said obicctions inclucling the aspect that boundaries between the afbrcsaicl ttvo villages i.c., Sampanbole Village and Koltur Village Sival ancl pass appl'opriatc orders by putting the petitioner ancl responclent Nos.6 ancl 7 on notice and allording them an opporttrrrity. He shall cotnplctc thc entire exercise within forty five (45) rvorking clays . liom thc date of receipt of a copy of this order. Thcre shall bc tlo ordet'as k) costs. Miscellaneous petitions, il'any. ltcrrding in this Writ Pctition, shall stand closed SD/-S. ALLIKARJUNA RAO ANT REGISTRAR //TRUE COPYII ECTION OFFICER at, State of The Principal Secretary, Revenue Department, Sec Telangana at HYderabad- The District Collector, IVledchal The Assistant Director, SurveY The Tahsildar, MuduchintalaPa The tVlandal SurveYor, Muduch Two CCs to GP FOR REVENU Hyderabad. [OUT] 4 5 6 z Oile-CCio Snt S.'SUnEUDER REDDY, Advocate [OPUC] 8. Two CD Copies Ivlalkajgi ri District. and lahd records, tvledchal Malkaigiri District. tlv Mandal, Medchal Malkajgiri District. irita la pal ly I\,4andal, Medchal t\/alkajgi ri District E, High Court for the State of Telangana at To 1 2 SA CJP I HIGH COURT DATED:0910912025 ,4. 6 )i1t riEP fl6 l,) c, .:l tl ',.)6:;p -l*,/ " -a:."-l-y'' ORDER WP.No.26244 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. 1 bt' I