High Court · 2025

8. Kaitha Srinath Reddy, S/o. Kaitha -Bal,reddy, Aged about 36 years, Occ. Agriculture, RIo. Plot-No. H. No. 7-65,Ainip'tir Vittage, Xomrrrui:ffi frrfanArl, Siddipet District. 9. Syed Rouf Madni, Slo 9V.e_O_.gf9use Badan, Aged about 64 years, Occ. Agriculture, R/o. H.No.9-4-1 35tDt.17,. Vati Colony,"7 fomUi noa,i,-Sn:iifp"t, Khatija Masjid, Golkonda, Hyderabad. ...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 a writ, order or Direction more particularly one in the nature of writ of Mandamus, to declare the action of the Respondents more particularly respondent No.6 in issuing impugned Notices bearing No 8167712024, 8167812024 in File No A3l59sl2oz4 dated 18/1 112024 for conducting survey of I I land in survey No 304 and 27o situated at Ainapur Viflage, KomaraveflyMandar, Siddipet District and consequenfly set-aside the same lA NO: 1 OF 2024 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 suspend the impugned Notices bearing No Bl6t7t20z4, E,167812024 in File No 43159512024 dated 1811112024 for conducting survey of land in Survey No 304 and 27o situated at Ainapur Village, Komaraveily Mandal, Siddipet District, pending disposal of the main writ petition lA NO:2 OF 2024 Between: '1 . Kaitha Srinivas Redrtv,, S/o Kaitha R_qlreddy, Aged about 38 years, Occ. Agricultule, Ptot No.'H. No. z-05 ntnifiui'ViiLge, Xomui;r6ili-ft"drt, Siddipet District. 2. lVqd Rouf Madni, S/o. Syed Ghouse Badan, Aged about 64 years, Occ. Agriculture, R7o. H.No.9-4--1 31tDtj7,.Vati Colohy,"7 iomOi noa,i, Sn:iif,pJ, Khatija Masjid. Golkonda, Hyderabad. AND ....PETIT|oNERS/RESPONDENTS NO.7&9 Collectorate Siddipet Disirict. Department. Secreta riai, gRXR ehava6. Htde;a b;;:'"

1. The State of Telanqana, Rep. by its principle Secretarv. Revenue 2. The District Collector, Siddipet District ai Siddioet. 3. The Director of Survey, District Land Su'rvey and Records, Office at 4. The lnspector of survey, District Land survey and Records, office at !. ]fe fulqndal Surveyor, Komaravelly Mandal, Siddipet District 6. lne lahsildar, Komaravelli Mandal. Siddioet Dislrict 7. Kaitha..Srinqlf nS9oy, S/o. Kaithi earieOOy,-Ag;d abour 38 years, Occ. Agriculture, Rlio. prot No. H. No. 7-65,Aina[ur viilage, xomurau6'-rri vi.ni], Siddipet District. Collectorate Siddipet District. 8 ...RESPONDENTS/RESPONDENTS 1ro6 and 8 Telkapally Chandra Shekhar 9arma, S/o Narsimhaiah, Aged 70 years, Occ. Agriculture, Rlio. H.No.4-32-1t134, ptot No 134, Saothaoiii Cbf.., vvrvr r'' Tirumalagiri, Kukatpally, Hyderabad, Telangana - SO00ZZ.---' -" ...RESPONDENT/WRIT PETITIONER Petition under section 1sl cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High court may be preased to I I vacate the interim order dl 28-11-2O24 passed in WP No. 33496 of 2024 by dismissing the Writ Petition Counsel for the Petitioner: SRl. B. VAMSHIDHAR REDDY Counsel forthe Respondent Nos.'lto6: GP FOR REVENUE Counsel for the Respondent Nos. 7to9: SRI PARSA ANANATHA NAGESHWAR RAO The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 33496 of 2024 ORDER: respondent No.6 in This writ petition is filed seeking ro declare thc action of issuing impugned notice bcaring No.Bl677 /2024, B/678/2024 in File No.A3/595/2t)24, dated l8.l1.2024 proposing to conduct survey of lands in Sy.Nos.304 and 27O, situerted at Ainapur Village, Komaravelly Mandal, Siddipet District as illegal and arbitrary and consequently praved to set asidc thc samc I

2. Considcred the submissions o[ learned counsel frrr thc respcctivc parties and perused the record

3. It is stated that the petitioner and his wife are the orrl,ners and possessors of agricultural lands to an .extent of Ac. 1.25 gts., in Sy.No.306/A/i, Ac.3.16 gts., in Sy.No.3O6/B, Ac.t.2,2 gts., in S_v. No.307lA, Sy.No.307lG, Sy.No.306/D, Ac.2.0O gts., in Sy.No.306/E, Ac.0.02 gts., in Ac.3.00 gts., in Sy.No.3O7lD, Ac. 1. 18 gts., in Ac.O.25 gts., in Sy.No.307lH/2, Ac.O. tU grs., in Sy.No.3O8/A/ I /3, rotal admeasuring Ac.14.24 gts., situated at Ainapur Village, Komuravelly Mandal, Siddipet Districr, having purchased thc samc under various registered sale deeds in the CVBR, J wp 33496 2024 year 2OO4. It is further stated that u,hen respondent Nos.7 to g started disputing the right and title of the petitioner and his wife over the subject properties, they were constrained to lile o's'No 5o1 of 2024 on the rrle of the I Additional Junior civil Judge, Siddipet and the said Court has granted ad interim injunction on 16.10.2024 and the same is in force as on the date in respect of the suit schedule properties. It is further stated that earlier, at the instance of respondent Nos.7 and g, when respondent Nos.4 and S issued two notices, dated I l.OT.2024 and. 3O.O8.2O24 proposing to conduct survey of lands in Sy.Nos.27O and 3O4, situated at Ainapur Village, the petitioner was constrained to approach this Court by filing W.p.No.26127 of 2024 seeking to set aside the said notices and this Court, uide order, dated 21.O9.2024 disposed of the said writ petition directing respondent No.5 therein and Tahsildar, Komaravelli Mandal, to consider objections, d,ated 22.02.2024 ttetore proceeding with conducting of the survey on the request made by respondent Nos.7 and 8, pursuant to notices, dated 1 l.OZ.2024 and 3O.Og.2024. The grievance of the petitioner is that the respondent authorities have issued fresh notices bearing No.B/6TZ /2024, B/678/2024 in File No.A3/595/2024, dated 18.11.2024 for conducting of survey of lands in Sy.Nos.27O and 304. 3 CVBR, J wp 33496 2024 Learned counsel for the petitioner has vehemently contended

4. that the action of the respondent authorities in issuing fresh notices proposing to conduct survey of lands in Sy.Nos.270 and 304, wherein the petitioner's interest is involved, is contrary to the orders passed by this Court and the same is unsustainable in law.

5. Sri Parsa Anantha Nageshwar Rao, lcarned counsel appearing lor respondent Nos.7 to t has vehemently contended that respondent Nos.7 to 9 are the absolute owners and possessors of the lands in Sy.Nos.27O and 304, situated at Ainapur Viliage and the petitioner is no way concerned with regard to the said survev numbers nor hc has been issued pattadar passbooks or title deeds for the said lands, which are in possession of respondent Nos.7 to 9. Learncd counsel further submitted that respondent Nos.7 to 9 obtained pattadar passbooks as per the provisions o[ the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and as thcy fultillecl all the requirements of the circular instructions issucd by the Commissioner, Survey Settlement. and Lancl Records, they are entitled to seek for conducting of survey of their lands in Sy.Nos.27O and 304 and as such they filed an application as per thc procedure prescribed in accordance with the provisions of the Telangana Survev and Boundaries Act, 1923 (for short, 'the Act, 1923\. Lcarne<l counsel also submitted that when th(: petitioner 4 CVBR, J wp 33496 2024 herein is interfering and disputing their rights over the land in Sy.Nos.270 and 304, respondent No.7 has instituted O.S.No.474 of 2024 on the file of the Principal Junior Civil Judge, Siddipet and the same is pending.

6. In the light of the aforesaid submissions, it is evident that the petitioner and respondent No.7 have instituted O.S.No.5O i of 2024 and O.S.No.474 of 2024 respectively in re spect of the very same subject property and the same are pending for consideration. The case of respondent Nos.7 to 9 is that prior to instilution o[ the suit by the petitioner herein, they have made an application seeking to conduct survey of the lands in Sy.Nos.27O and 3O4 and since they have fulfilled all the requirements ol the circular instructions issued by the Commissioner, Survey Settlement and l,and Records, pendency of the suit does not come in the way of proceeding with conducting of the survey. Whereas, the case of the petitioner is that the action of the respondent authorities in issuing fresh notices proposing to conduct survey of lands in Sy.Nos.270 and 304, wherein his interest is involved, is contrary to the orders passed by this Court and the same is unsustainable in law.

7. It is settled law that mere conducting of survey does not confer any title or o\.nership nor does it take away the rights of the partics. The survey department is only having powcr to fix the l I I 5 CVBR, J wP 113496 2024 boundaries basing on the tipans, but it is not empowered to decide the inter se disputes nor its survey would decide the validity or otherwise of anv ol the documents.

8. In view of the above, this Court is of the opinion that the ends of justicc rvould be met if the application submitted by the respondent Nos-7 to 9 tulfils all the requirements of the circular instructions issued by the Commissioner, Survey Settlement and Land Records and the injunction order granted in O.S.No.SO i of 2024 is not operating on the lands in Sy.Nos.270 and 304, the respondent authorities are directed to conduct survey of the lands in Sy.Nos.270 and 304, alter issuing notice to al1 interested / affected persons and after considering their objections, if any, and pass appropriate orders within a period of two (02) weeks from the dare ol rcccipt of copy of this order. g. With the above observations, lhis Writ Petition is disposed of. There shall be no order as to costs. As a seqrrel thereto, miscellaneous petitions, il any, pending shall stelnd closecl. //TRUE COPY// SD/-MOHD. ISMAIL TI\NT REGISTRAR AS cTlON OFFICER To,

1. The Principle Secretary, Revenue Department, Secretariat, BRKR Bhavan, T.S.,Hyderabad.

2. The District Collector, Siddipet District at Siddipet. 3. The Director of Survey, District Land Survey and Records, Office at Collectorate Siddioet Dislrict. Collectorate Siddipet District.

4. The lnspector oi Survey, District Land Survey and Records, Office at 5. The Mandal Surveyor, Komaravellv Mandal. Siddioet District. 6. The Tahsildar, Koriaravelli Mandai, Siddipei District. 7. One CC to SRl. B. VAMSHIDHAR REDDY, Advocate tOpUCl B. One CC to SRl. PARSA ANANTHA NAGESHWAR RAO, Advbcate IOPUC] 9. Two CCs to GP FOR REVENUE ,High Court for the State of Teldngana'at Hyderabad [OUT] 1 0. Two CD Copies I BM BS (*' 1 \ HIGH COURT DATED:0610112025 ORDER WP.No.33496 of 2024 E STA I€ 1t{ q ) o (j 't- I 1 3 FEB 2[25 z a .L * o E t) AT C I t { ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS lA- \3 \,5