Bandi Pedda Kumara Swamy v. '1 . The State of Telangana

of the writ petition. Counsel for the Petitioner : SMT P.SUMALATHA Counsel for the Respondent Nos.1 to 5 : AGP FOR REVET'I JE Counsel for the Respondent No.6 : - The Court made the following ORDER AHE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.33 OF 20.22 ORDER: This Writ Petition is hled under Article 226 of the Constitution of India, seeking the following relief: ".....to issue an ord.er directiotl or urlt, more particularlg one in the nature of utrit of mand.amus, declaring the o,ction of the official respondents in iss-uing proceedings dated O 1. 1O.2O2 1 vide lEIe No.A5/572/2O2 7 for cond.ucting the suraeg oJ land in Sg.No.294 of Urtts village, Khila Warangal Mandal, Warangal Distrlct utithout considering the petitioner and hts famllg on stand.ing cultiuation cnd possession over the lc,nd. and trying to d.ispossess the petitioner and his Jamilg from the land. as illegal, uoid., arbitrary, against the princlples of naturol justice and. dlrect authorlties disposes the petitloner from hls propertg, in the interest ofjustice and pass such other order or orders..."

2. Heard Smt. P. Sr.malatha, learned counsel for the petitioner and learned Assistant Government Pleader for \ 2 Revenue appearing on behalf of respondent; Nos.l to 5 Perused the material available on record.

3. Learned counsel for the petitioner su'b nits that the petitioner and his son, Mr.B.Ranjit Kur Lar, are the absolute owners of agricultural land meas;r rring Ac. 1-OO guntas in Survey No.294, situated in Urus Village, Khila Warangal Mandal and District. They h rve been in continuous possession and enjoyment of thc said land by cultivating it and eking out their livelihoocl . Their narnes have also been rnutated in the revenue re(t )rds, and the land details are reflected on the Dhrt ani website. Respondent No.1 has also issued Di;1 tal Pattadar Passbooks in their favour.

4. Learned counsel for the petitioner ftr ther submits that respondent No.2 issued a survey noti:e uide dated 04.04.2006 in E2/99/2006, conducted r survey and confirmed that the petitioner is the owner, p cssessor, and pattadar of the said land. Again, respondeni No.3 issued a srrlvey notice uide dated 16.12.2006 ir-r E,3/99/2006, conducted a survey, and confirmed the samt: 3

5. L,earned counsel for the petitioner further also submits that respondent No.6, without having any right or title over the petitioner's property, applied for a survey and fixation of boundaries before the respondent authorities. In response, respondent No.2 issued a notice uide dated Ol.lO.2O2l in A5/572/2021 for conducting a survey and frxing the boundaries of the petitioner's propert5r. In the survey, it was confirmed that the petitioner's farnily is in peaceful possession of the land.

6. Further, respondent No.6, being an inflr.rential person and taking advantage of the present market value of the lands in and around the petitioner's property, made an application before respondent No.2 seeking a survey and fixation of boundaries to the petitioner's land in Sy.No.294. Respondent No.2 directed respondents No-3 to 5 to conduct a survey of the land in Sy.No.294 and issued a notice uide dated Ol.lO.2O2l. On 05.10.2021, the respondent authorities conducted the survey and found that the petitioner's family is the owner' possessor, and pattadar of the land. Aggrieved by the action of the respondents, the petitioner hled the present writ petition' o-

7. l,earned counsel for the petitioner cc ntended that without verifying the factual position, res; rondent No.2 entertained the representation rnade by res;l ,ondent No.6. Pursuant thereto, respondent No.2 issued 4 noti,ce uide dated O1.IO.2O2I in respect of Sy.No.94 fo- conducting a survey and fixing physical boundaries. A<: :ordingly, the petitioner is seeking the relief as prayed Ji r in the writ petition.

8. On the other hand, the lealn :d Assistant Government Pleader for Revenue opposed rhe same and submits that the petitioner can always a ) pea-r for the survey issued uide notice dated O1.IO.2a2L. However, instead of participating in the said survelr. the petitioner approached this Court. Hence, tre prays tlat this Court disrniss the writ petition.

9. Having heard the learned counsel for the petitioner and the offrcial respondents, this Court is < 1 the view that as on today, the current status pertaining tr ,he notice has not been brought to the attention of this (l ;urt by either counsel. The writ petition is still pending, iL rd neither the counsel for the petitioner nor the learn :d Additional Governri-eIt Pleader has any instructions o I that aspect. t'/: i 5 In these circumstances, this Court deems it appropriate to dismiss the writ petition, granting liberty to the petitioner to work out his remedies in accordance with law, if the catlse still survives. 1(). With the above direction, the writ petition 1S disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/. M. NAGAMANI ISTANT REGIS A //TRUE COPY// To

1. The Principal Secretary, Revenue Department, Se State of Telangana at Hyderabad. The District Collector, Warangal District, Warangal- The Revenue Divisional Officer, Warangal Revenue District.

3. SECTION OFFICER rrat, Tankbund Road, Division, Warangal

4. The Thasildar, Khila Warangal Mandal, Warangal District' 5. The Mandal Surveyor, Office of Thasildar, Khila Warangal Mandal, Warangal District.

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI

7. O'ne CC to SMT P.SUMALATHA, Advocate [OPUC] 8. Two CD Copies SA GJP +flq - I i I i I I I I HIGH COURT DATED:1 810812025 /f' o Q * r);-},.€.\\ 1 6 Jil 2026 ri'., f t. '.'r !. 1 1' 'i t.) r,' ,*/i *- 1;/ ORDER WP.No.33 of 2022 DISPOSING OF THE W.P WITHOUT COSTS. Pnt( s\r \>c