High Court · 2025

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be r pleasedtoissueaWritofMandamusoranyotherappropriatewritorderor direction declaIing the Endorsement No.B/'l249t2023, daled 17-08-2024 issued by the 4th Respondent as arbitrary, illegal, unsustainable and set aside the same and corisequently direct the Respondent No'3 and 4 to conduct survey and demarcate land admeasuring Ac.5- 00 guntas in Survey No'412111A of Malkajgiri Village and Mandal, Medchal Malkajgiri District pursuant to the application of the Petitioner in Application No.DER022300980624 with Transaction lD TTDER022300980624 dated 28.08.2023. lA NO: I 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 direct the Respondent No.3 and 4 to conduct survey and demarcate Ac.5-00 guntas in Survey No.412l1tA of Malkajgiri Village and Mandal, Medchal Malkajgiri District pending disposal of the Writ Petition. Counsel for the Petitioner : SRI PRABHAKAR PERI Counsel for the Respondents: SRt H.RAKESH KUMAR, AGP FOR REVENUE The Court made the following: ORDER a ,, THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PEIITION No.33979 of 2o.24 ORDER: This writ petition is filed seeking the following relief: "...to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the Endorsement No.B/L24912O23, dated 17.08.2024 issued by the 41h Respondent as arbitrary, illegal, unsustainable and set aside the same and consequently direct the Respondent No.3 and 4 to conduct survey ancl demarcate land admeasuring Ac.S.OO guntas in Surve,v No.4l2l1/A of Malkajgiri Village and Mandal, Medchal Malkajgiri District, pursuant to the application of the Petitioner in Application No.DER022300980624 with Transaction ID T'1DER022300980624, dated 28.O8.2023 ..." 2 Heard Mr.Peri Prabhakar, learned counsel for the petitioner and Mr. H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.

3. Learned counsel for the petitioners would submit that the petitioners are the joint and absolute owners and possessors of land admeasuring Ac.5.OO gutnas in t Sy.No.4L2ll/A of Malkajgiri Village and Mandal, Medchal Malkajgiri District. Learned counsel for the petitioner would submit that for non-consideration of his F-Line application No.DERO223OO98O64, dated 28.08-2023, the petitioner filed a writ petition vide W.P.No.10526 of 2024 1:, /*> 7 DVV,J W.P.Nojj979 of 2O24 , \ \^\ before this Court, wherein on 3O.O4.2O24, this Court had passed the order. The operative portion of the order is extracted hereunder: "...In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.4 to consider the F-line application bearing No.DERO22300980624, dated 28.08.2023 submitted by the petitioners, ccnduct survey and demarcate the aforesaid land by fixing boundaries, strictly in accordance with law by putting the petitioners and all affected parties on notice and affording them an opportunity. If respondent No.4 is not inclined to accept the request of the petitioners, he shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the'petitioners. He shall complete the entire exercise within a period of eight (08) rveeks from the date of receipt of a copy of this order. There phall be no order as to costs..".

4. Learneci counsel tbr" the petitioners would further submit that respolldent No.4 pasqed the impugned : :'t i '1' ': proceedings No. B / l24g I 2t123, dated 17 .O8.2O24 stating that in respect of the application iiied by the petitioner uide ID No.TTDERO223OO9B064, dated 28.O8.2O23, there is no provision for conducting survey and demarcation of land as the same was already demarcated by the higher authorities i.e., Assistant Director of Survey and Land Records, * Medchal-Malkajgiri District uide No.AT /2620 /2OLO, dated 17 .LO.2OI2. It is further informed to the petitioners that as the survey is already bearing // it{i Ei 3 EW,J W.P.No3i979 of 2024 conducted the application of the petitioners dated

28.08.2023 is rejected by endorsement dated 28.10.2023 and it is further informed that the orders passed by this Court in W.P.No.10526 of 2024, dated 30.O4.2024 passed subsequent to the rejection by respondent No.4 and as such no survey can be conducted in compliance of the

5. Learned counsel for the petitioners would further submit that the application made by the petitioners on

28.08.2023, for conduction of survey has been rejected on

28.10.2023. Though the saicl endorsement copy contains the name of petitioner fVo'f , the said endorsement has not been communicated to her. Therefore, the action of official respondents is perverse and seeks to pass appropriate orders. a

6. On the other hand, learned Assistant Government Pleader for Revenue by furnishing a copy of instructions issued by the Tahsildar would submit that the case of the petitioners was not considered. The application of the peti(lgu.Frs was rejected by the then Tahsildar on 4 EVV,J w.P.Nojj979 of 202a r.-)

28.LO.2O23 and the same was uploaded in the Mee Seva Portal. The petitioner did not take the print out from Mee Seva Portal of the rejection order. He would further submit that since the application was submitted online and the order of rejection vr,'as uploaded on 28.LO.2O23 itself, it is the petitioners' responsibility to verify the status of that application. There is no requirerrrent or provision to communicate the copy of qny order to the applicant. Therefore, he would seek to pass apprcpriate orders.

7. tlaving heard learned coonsel for the petitioner, learned Assistant Governmentl,Pl.r.d". for Revenue and upon careful perusal of materials placed before this Court, it is of the opinion that the fact of rejection of application of the petitionor uide application TTDERO2230098064, dated

28.08.2A23 was not brought to the notice of this Court in the earlier.W.P.No.10526 of 2024. However, this Court has a directed the respondent authorities to conduct survey in respect of the application made by the petitioner herein. In compliance to the orders passed by this Court, the Tahsildar - respondent No.4 issued endorsement uide , / 7 5 EVV,J W,P.No33979 of 2024 No.B/ 1249/2023, dated 17.08.2024 stating that at present there is no F-Line application pending, since the application the petitioner vide filed by No.DERO 22300980624, dated 28.08.2023 was already application disposed on 28.10.2023 by the then Tahsildar of Maljagiri Mandal. Therefore, without going into merits or demerits of the case, the petitioner is at liberty to take appropriate steps in accordance with law, if he is not satisfied with the endorsement dated 17.O8.2O24; issued by respondent No'4'

8. With the above observation, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed. -----'"-'-'-r' SD'.C. DEEPIKA ASSISTANT ,/TRUE COPY" To, 1 The PrinciPal Hyderabad. Secretary, Revenue DePartment, OFFICER Telangana State, a

2. The District Collector, Medchal -Malkajgiri Dist Medchal' 3. The Assistant Director, survey and Land Records, o/0 The District collector' nreoti''Ji -Maualgiri District, At Medchal'

4. Tahsildar, Maheshwaram Mandal, Malkajgiri Division, Medchal -Malkajgiri District.

5. One CC to SRI PRABHAKAR PERI, Advocate' [OPUC] 6. Two CCs to Gp FoR REVENUE, High Court for the State of Telangana'

7. Two CD CoPies. BST \ t, O HIGH COURT DATED i2411112025 I I i Si,,ii 2 t JAN 2[2[ ;:^.T:l ORDER WP.No.33979 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 5