The High Court · 2025

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 pleasgd to grant a Writ, Order or Direction, more particularly one in the nature of lVandamus, [Vlandamus, (a) declaring the action of the Respondents in conducting a survey pursuant to the notice bearing No. A4l233912024 dated 22.10.2025, by relying upon the proceedings bearing No. Ast6g2t2o1o dated 07'02'2014117'0,2-2014, despite the same being suspended by this Hon'ble Court, to benefit the unofficial Respondent No. 12 with an intention to show the patta lands situated irr survey No. 1007 of Kukatpally Village and tvandal, fi/edchal- lVlalkajgiri Districl, as lands falling underSurvey No.4,5,g, g, 10 and 41tgto 41t12 of Khanamet village, Serilingampally Mandal, R.R. District as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, null and void, non- est in the eye of law, and violative of the orders passed by the Hon,ble Supreme court of lndia in contempt Petition (civil) No. 433 of 2o2o in civil Appeal No. 10128 of 2018, e,s well as the orders passed by this Hon'ble Court in W.p. Nos. 23164 of 2o21 end 22s75 of 2021, and Articles 14, 19, 21 and 300_4 of the constitution of lrldia. and consequently set aside the impugned notice dated 22'10'2025' (b) to declare that there is absolutely no overlapping between Khanamet Village and Kukatpally Village and consequenly restrain the Respondents, the'ir agents, their representatives, any person acting or claiming under them or through them or on their behalf, from interfering in any manner whatsoever with the peaceful possession and enjoyment over the land in Survey No'1007 of situatt:d at Kukatpally Revenue Viltage, Kukatpally [vandat, Medchal- Ivlalkajgiri District, more particutarly the writ Petitioner's plot i.e. all that Non- Agricultural piece of rand bearing prot No. 1g0, admeasuring 528.00 Sq. yards, forming part of land admeasuring Acres Z0-00 Guntas, in Survey No.1007, situated at Kukatllally Revenue Village, Kukatpally Mandal, illedchal-tvalkajgiri District (c) the Res;pondents be restrained from taking any action including but not limited to conductirg survey orfixing boundaries in relation to the tands in survey No' 1007 of Kukatpally Revenue Viltage, Kukatpally fVlandal, tVledchal-tvalkajgiri District by placirrg reliance or considering the proceedings bearing No. 45168212010 datecl 07-02-2014117-02-2014 (along with sketch issued by the Joint Committee) of the iRespondent Nos. 3 and 4. fA NO: 1 OF 202s Petition undt,'r 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 operertion and effect of the impugned survey notice bearing No. -/ I -7/ 441233912024 dated 22.10.2025 issued by the Respondents 1 to 11, and further restrain the Respondents 1 to 11 or their agents from taking any further action or proceeding pursuant to the said notice. lA NO: 2 OF 2025 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 restrain the Respondents and all persons acting under their authority from conducting any suryey, demarcation, or fixation of boundaries in respect of the lands situated in Survey No. 1007 Kukatpally Revenue Village, Kukatpally lVandal, l\Iedchal- IMalkajgiri District pursuant to the proceedings bearing No. 45/682t2010 dated 07-02-2014117-02-2014 or impugned survey notice bearing No. 441233912A24 dated 22.10.2025 or otherurise. Counsel for the Petitioner: SRI D.NARENDAR NAIK Counsel for the Respondent Nos.1 TO 11: SRI P.SREEDHAR REDDY, SPL. GP FOR REVENUE Counsel for the Respondent No.12: SRI P.RAGHU RAM, SENIOR COUNSEL FOR SRI P.SRI RAM The Court made the following: ORDER iI ,i -,i''?r a THE HC'NOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32693 of 2o25 ORDER: This u,rit petition is filed seeking the following relief: bearing No.A5/6B2l2OlO, "...to isstre a Writ of Mandamus (a) declaring the action of the Responrlents in conducting a survey pursuant to the notice bearing No.Aal233912024, dated 22.10.2025 by relying upon the proceedings 07.O2.2Jl4l 17.02.2014 despite the same being suspended by this Hon'ble Court to benefit the unofficial Respondent No.12 with an inter-rtiorr to shor.'"' the Patta lands situated in Survey No. 1007 oi Kukatpall-v Village and Mandal, Medchal-Malkajgiri District as Iands talling un<ler Sur-r,e,\, No.4, 5, 8, 9, 1O and 4Il9 to 4l/ 12 of Khananret Village, Serilingampally Mandal, R.R.District as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, null and void non-est in the eye of larv and violative of the orders [,assecl b} thc l-lon'ble Supreme Court of India in Contempt Petition Civil No.433 ot 2O2O in Civil Appeal No.10I28 of 2018 as r,r,ell as t.he orders passed b-v this l-lon'ble Court in W.P Nos.23l64 of 2O2l an<[ '22575 of 2021 and Articles 14, 19, 2I and 3OO-A of the Constitution of India and consequently set-aside the impugncd norice clarecl 22.10.2025 (b) to declare that there is absolutr:l,y no overlapping between l(hanamet Village and KukatpeLlly Village and consequently restrain the Respondents, their agents, their r(-'presentatives any person acting or claiming under tlrern or throrrgh them or on their behalf from interfering in arly m.rnner whatsoever r,r,ith the peaceful possession and enjo-yment over the land in Survey No.1007 situated at Ku$atpally Revenue Village, Kukatpally Mar-rdal, Medchal-Malkajgiri District, more pirrticularl_v the Writ Petitioners Plot i.e., all that Non- Agricult lral piece of lancl bearing Plot No.190 admeasuring 528.00 Sq.yards tbrrning part of land admeasuring Ac.70.00 Guntas in Surve-r' No. 1007, situated at Kukatpally Revenue Village, Kukatpall,r' Mandal, Medchal-Malkajgiri District (c) the Responcents be restrained fiom taking any action including but not limiled to condu<:ting survey or fixing boundaries in relation to the lanrls in Survev No. 1OO7 of Kukatpally Revenue Village, Kukatpally Mandal, Medchal-Malkajgiri District by placing reliance or considering the proceedings bearing No A5/682 /2OlO, dated O'7.O2.2C14117.02.2014 along with sketch issued by the Joint Committee of the Respondent Nos.3 and 4..."

2. Hear<l Mr. D.Narender Naik, learned counsel for the petitioners. Sri P.Sreeclhar Reddy, learnecl Special 2 Government preader for State appearing for respondent Nos' 1 to 11, sri P.Raghu Ram, learned senior counsel representing sri p.sri Ram, rearned counsel for respondent No.S. Perused the record.

3. Learned counsel for the petitioner wourd submit that the petitioner is the absorute owner and possessor of prot No' 190' admeasuring 528 sq.yds, forming part of land admeasuring Ac.7o.Oo gutnas, in sy.No.Loo7, situated at I(ukatpally Revenue village, Kukatpally Mandal, Medchal- Malkajgiri Distrcit. He would further submit that the petitioner is recipient of trre impugned notice No'A4/2239/2024, dated 22.ro.202s, where the rands in question are located in two adjacent vilrages, the survey purported to be conducted on Khanamet vilrage,'where the land of the petitioner is falling within the limits of The village boundaries are already been demarked by conducted a survey on 16.12.2005, which is precisely 20 longyears back and the boundary stones have been erected in the year 2oog itserf. The petitioner society is legally entitled owner with a valid title fafling in Kukatpally. t^ .9.t -/ 3 Sy.No.1007 by virtue of title deeds since 1996. He would submit tl,'at the proposed conduction of survey would ultimately arise of fixing of boundaries between the two villages, which is improper and it would disturb the settled position o[ the survey conducted long back. Hence, he would seel< to pass appropriate orders.

4. Sri P.Raghu Ram, learned senior counsel representing Sri P.Sri Ram, learned counsel for respondent No.12 would submit that a necessarv notice must be issued to the adjacent lirnd o\ /ners, irrespective of the villages to which they belong, before conducting any survey of a survey number ttrat lies bet'*,een two villages. Hence he would submit that the apprehension of the petitioner.,does not hold any validity of law. He would however submit that the objections if any raised by the petitioner during course of process, have to be taken into consideration by the unofficial respondents. He rvould further submit that with respect to the survey conducted, the petitioner is not the claimant in Sv.No.loo7 of Kukatpally Village as claimed by the learnec counsel for the petitioner. Hence, he would *d \ 4 seek to pass appropriate orders for proper conduction of survey in the interest of land owner situated in the four corners of the boundaries of the claim made by both the parties.

5. Learned Special Gover:nment pleader for Revenue would submit that the survey would be conducted strictly in compliance to the circurars issued from time to time by the commissioner, Land Administration, and it is mandatory to the official respondents to issue necessary notices to all the land owners, who properties fall within the adjacent survey numbers. Accordingly, the said notice has been issued to the petitioner. Hence, he would submit that no infirmity can be attributed by the official rrespondents. However, he u'ould submit that the objections if any by the petitioner r,r,ould be taken into consideration by the official respondents during course of conduction of survey. Hence, he would seek to pass appropriate orciers. 6- Having heard rearned counser for the petitioner, learned senior counser for respondent No.12, learned Special Government pleader for state and upon careful ? 3 5 perusal o[ material placed, this Court deems it appropriate to direct the official respondents to conduct survey strictly in accordance with law by follor,ving the circulars issued from tirne to time by the Commissioner, Land Administration, by issuing notices to all concerned parties including that of the petitioner herein and also take into consideration of objections if an-v filed by the petitioner herein. I.urther, the parties to this writ petition are also directed to present at the time of conduction of purported survey by the official respondents in order to put quietus to the litiga1.ion. It is respected from all the parties not to litigate the resolved issue involved in the impugned notice.

7. With the above directions, this vvrit petition is disposed ,:f. There shall be no order as to costs. Mis<:ellaneous applications, if any pending, shall also \ To stand clor;ed. //TRUE COPY// SD/ NA KRISHNA ASSISTANT REGISTRARG/ SECTTON OFFICER Telangana.

1. The Princ;ipal Secretary, Revenue Department, Hyderabad, State Of 2. The commissioner, Survey settlements And Land Reco$g-(QQ}!$); 5: rne loinr Dilil;;'srr"v's"tflements and Land Records (ss&LR), having its office at {iurvey Bhavan, Narayanguda' Hyderabad' I I : r, I 7t-;* \

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14. 15. PSK. GJP o :l IJrl .t :l ti. ;i, itr: ii, i{, i{, i{* .t Settlements and Land Records office at Survey B havan, CI i.- i i I g i i { t HIGH COIJRT DATED t1lll1112025 o ORDER WP.No.32693 of 2025 DISPOSING OF THE WRIT PETITION WITHOUTCOSTS t ,r{ I { .: i , ? * c *-' q {i t { E, l? I I I ( +$ AiE e B |lt]\j e0ffi .r) * .l + :, I 'I I A, i r..-r S iI