High Court · 2025

The District Collector, Mahabubnagar District. The Tahsildar, Mahabubnagar Urban Mandal, Mahabubnagar District' The Mandal Surveyor, Mahabubnagar Urban Mandal, Mahabubnagar District. Smt. C. Vasantha, W/o. Raghavender Raju, Aged 42 yearc, Occ Housewife, .ilo ri.r.rt-ra s-ttjglo, e r heody Coloni, Mahabubn'agar Udcan lvlandai and Ivlahabubnagar District. ...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 /andamus, declarrng the action of the Respondents particularly Respondent No.3 and 4 in interfering into the peaceful possession and enloyment of the Petitioner's agricultural land in sy. No.81l2l2 to an extent of Ac.0-31 gts out of the extent of Ac.1-32 gts situated at Yenugonda Village, Mahabubnagar Urban lvlandal and District, under the guise of survey at the instance of 5th Respondent inspite of order of this Hon'ble court in w.P.No.33453 of 2023 setting-aside the mutation proceedings passed in favour of the 5th Respondent and pending suit in O.S.No.159 of 2024, and repeated representations dt 13 10 '2025 and u N l I i !

15.11.2025 as illegal, arbitrary, in violation of principles of re .ural lustice and also againsl the provisions of the Telangana Survey and Boun: lries Act, 1923, and against all settled principles of law and consequently direc the not to interfere and nbt to dispossess from the peaceful possession ar J enjoyment of the Petitioner's agricultural land to an extent of Ac.0-31 gts in : t.No. 811212 situated at Yenuguda Village. I\rlahabubnagar Mandal and District, IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cr lumstances stated in the affidavit filed in support of the petition, the High Cotr may be pleased to direct the not to interfere and not to dispossess from the pe r ceful possession and enjoyment of the Petitioner's agricultural land to an exl( rt of Ac.0-31 gts in Sy.No.81/2 situated at Yenuguda Village, fi,4ahabubnaga- l\,4andal and District, pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI AKKAM ESHWAR Counsel for the Respondents No.1to4: SRI L.RAVINDER, / GP FOR REVENUE Counsel for the Respondents No.5 : The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35513 of 2O25 ORDER T;-is Writ Petition is filed seeking the following prayer:- "to issuc a Writ. Order or Drrection more particularly one in the nature of Writ of Mandamus declaring the action o[ the Respondents particularly Respondent Nos.3 and 4 in interfering into the peaceful posscssion and enjoyment of the Petitioners agricultural land in Sy.No.81/2/2 to an extent o[ Ac.0.3l guntas out of the extcnt of Ac.1.32 guntas, situated at Ycnugonda Village, Mahabubnagar Urban Manclat and District under the guise o[ survey at the instance of Respondent No.5 inspite of order of this Honble Court in W. P. No.33453 of 2023 setting asidc the mutation proceedings passcd in favour of Respondent. No.S ald pending suit in O.S-No. 159 of 2024 and repeated repre scntations, dated 13.1O-2025 ald 15.11.2025 as illegal, arbitran'. rn violaLion of principles ol natural justice ar-rd a-lso against the provisions of the Telangana Sun'ey and Boundaries Act, 1923 and against all settled principles of law and consequently, direct the respondents not to interfere and not to dispossess from the peaceful posscssion ald enjol,rnent of the Petitioner's agricultural land..."

2. Heard Sri Akkam Eshwar, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and \&'ith their consent, this Writ Petition is being taken up for i i I ., E\/\'- J \\'p 35i l-l 1{t25 disposal at the admission stage. In vier'r' ol the natltre of relrr:f soughI for in this ri'rit petition, isstrancr' c-noLice Lo the unofficial respondent rs disperrsed with

3. Learned counsel lor the petitione r u'ou i I st rbmit that the petitioner is the ou.ner and possessor o[ i 3e larrd to art extent of Ac. 1. 17 gts., 1n Sy.No.Bl/2/:, situated at Yenugonda Village, Mahabubnagar Urban Mandal and District and his name \\'as incorporated Itl I the rel enue records and the revenue aurhorities also is;ued pattadar passbook bearing No.T01760040636 utde t(l ata No.476 in I'ris favour. Lealned counsel for the petitiont r u,ou1d further submit that, in order to meet his perso al arnd fam ily necessities, out of the said extent, lar-rd to an (. tent of Ac.O.O6 gts. was sold to one Purender Reddy through i registered sale deed bearing document No.73B6 of 2OO9 a. i an extent of l21O sq. yards to (Ac.0. 16 gts.) to one Jr 3u Anjaneyr-rlu through a registered sale deed bearing doclrn ent No.89 11 of 2013, dated 12.09.2013 and agreed to delir':r the physical possession of t1're prope rty, only on paymcn t of the balance zrmount. Learned counsel for the petitionc u ould further i I / ,,//, -1 EVV. ] \\ p 35-513_2025 submit that, though the petitioner soid the above land, no physical delivery \r'as given and no mutation lvas effected in favcur o i the ',,endees of the petitioner and the petitione r's nalne ls reflecting in thc e-pattadar passbook as rvell as revenue records. Later , t\. ithout granting any mutation proceedings in favour of respondent No.4 and without issuing any notice to the petitioner, the revenue authorities had char-rged the name respondent No.4, without issuing any notice to the petitioner 1n respect of the above lands i.e., Ac.0.06 gts., and 1210 sq. -,-ards (Ac.0.16 gts.) and when enquired, the petitioner came to know that respondent No.4 e.ntercd into an into a sale deed with the petitioner's vendees viz., Purender Reddy uide sale deed bearing document No.6652 of 2Ol7 and also Jogu Anjane,'ulu through a registered sale deed bearing document No.13255 of 2016, dated 04.lO.2O16. lt is further stated that mutation proceedings w.ere issued in favour of Purender Reddy uide Proceedings No.C/ROR/ll74l2OL4 and with regard to the sarne, the petitioner obtained information under RTI Pursuart to which, respondent No.3-offlce had issued I I I I I 4 h\'\'-.f \r,'p j5i ll 1{)25 endorsemerlt datecl 14.O92O21, stating th;, tl-re filc in PI-occedings No.C/IROR/ l174l2014 relares , r n:utatlon of rzrtion card of Mohammad Aiii:rtla and the. iorr., the said proceedings are fabricated and created in ftri.:rr c,l-purender Rcddy to obtain passbook. It is further stated t rat respondent No.4 has obtained e-pattadar passbook lraurl rlcnth. u ithout passing/ initiating any mutation proceedlngs nd hence, the passbook issued in favour of respondent ,o.4 is illegal. Therefore, the petitioner filed representation s on the file of resipondent authorities requesting to rest,) €r the elttt ies deleted from his passbook by conducting a : :tailed enquiry and when the same rvere not considerecl, t.h,r petrtioner filed W.P.No.14889 of 2022 to conduct enquir)- ir rout the illegal changes in favour of responclent No.4. This O rurt, uide order dated 27.O9.2022, directed respondent N', .5 rherein to trzrnsmit the entire file vide proceedings No.r_ I 1924 120 l9 to the office of respondent No.2-District Collectcr therein and on such transfer, respondent No.2 was dire.r r:d to conduct enquiry into the matter and pass approprirr e orders. After promulgation of the new Act 9 of 2020, Speciit Tribunals ri,ere EV\'. J \\.p 155l3 10J5 constituted in terms of Section 16 (l) of the Act 9 of 2O2O and the sa-rd casc \vas transferred Lo the Special Tribunal, which inturn passed the impugned order, dated 12.07.2023 giving liberty to the petitioner to approach the competent Civil Court seeking redressal of his grievance. Aggrieved b,y the said order, the petitioner fited W.P.No.33,+53 of 2023 before this Courl and by an order, dated 17.O3.2025, this Court disposed of the same. The operati'",e portion ol the said order is as under: "5. In uiew of the aboue, since the grieuortce ol the petitioner is that without rssuirtg any notice and basing on the fabncated ntutation proceedings uide C/ROR/ 1171/2014, the enties Luere made ln the reuenue recorcls in fauour of respotLdetLt No.4 ancl taking aduat age oJ the same, respotldeti No.4 Ls tryiq to ctlrctlate the subJect propertg to third parlies, this Court ts of the optnton that the mutation proceedings vide C/ROR/ 1174/2014 are liable to be set aside and ts accordinglg set aside and the matter is remantded back to respondent No.3- Tahsitdar to conduct fresh denouo enqutry, after issuing notice to the petitioner attd all other persorts tuhose rLames are recorded and entered/ affected by arLy of the orders passecT it respecl of the subject land admeasuing Ac.O.16 gts., and 1210 sq. gqrds, withtn a period oJ three (O3) months from the dote of recetpt of the order after conducting enquiry, respondent No.3 shall pas-s a reqsoned order and communicate the same to the pqrhes within a pertod of three (O3) months from the date of recetpt of a copA of this order'" \ 6 I'r l-rii: i\\- l 'li

4. Learncd cor.rnsel for the petitioner ivoul(1 I lrther subrntt thal, q'ithout conrp[,vilrg r,r'ith the order pass(](i lrv rhi" Cor-irt in W.P.No.33453 of 2023, res.polCent Nos.ll - rd.l carne !o the propcrtv on i 3 . 1l .2025 arrd tried to c ispossess thc petitioner fi-om the subject lald n,ithout follos'r g due procc'ss ol larv on thc pretext ol survey. Therefore, he p avs t}'ris Courl to l)ass appropriate orders

5. Sri L.llavinder, learned Assistant Govcr rme nt Plcarlcr for Revenue appearing for the oflicial resl,, nd('n[s q.ould submit that, basing on the application subrnittr:d b1' respondent No.5, a survey is purported to br :onductecl and due to pending disputes, no further action is t: ken. He rvotricl further submit that., if any action is to lr: taken on the application of the unofficial respondent, the t 3titioner \\ ould be put on notice and necessarl' action r'r'o -, d be taken in accordalce ivitl-r lar,"'.

6. Having heard the learned counsel lor tlr : petitioner zind the leaLrned Assistant Government Pleader i r Revenue and since the parties to this writ petition are p: rties before the 7 LV\'. J \r'p 35513. 2025 civil Court and the petitioner apPrehends that survev lvould be conducted behind his back, this Court deems it .rppropria'.e tc rlispose of this q'rit pctition directing resporldent Nos.3 and'1 to issuc notice to ali thc neighbouring Iand or'r,ners including the petitioner herein, if any action is to be taken for conducting survey on the application made by the unofficial respondent and after affording sufficient opportunity of hearing to all the neighbouring land ot't'ners' shall take apProPriate action

7. Accordingly, this Writ Petition is disposed of There shall be no order as to costs Miscellaneous petitions, if any pending in this Writ Petition, shall stald closed SD/.U. SUDHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, I The Princioal Secretary, Revenue Department' Dr' B R' Amedkar Bhavan' i;;r;i;;i, Tetansand state' HYderabad' 2. The District Collector, Mahabubnagar District' 3.TheTahsildar,MahabubnagarUrbanMandal'trilahabubnagarDistrict' 4. The Mandal Surveyor, Mahabubnagar Urban tVlandal' tvlahabubnagar District 5 One CC to SRI AKKAM ESHWAR' Advocate lOPUCl 6. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' Two CD CoPies 7 W BSK I i I I i HIGH COURT DATED:21 11112025 o) <'r :* Eo it14 .q t- s c >l HCIH i C:!.a ORDER WP.No.35513 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r4 x'