B. Suvarna Devi, W/o Late v. Satyanarayana Aged about
Case Details
Acts & Sections
12.V. Srinivas Rao, S/o Late V. Yadagiri, Aged about 62 years, Occ: Business No 1-9-252191143, East Parsigutta, NearYSR Park, Ramnagar, Hyderabad 13.V. Narsing Rao, S/o Late V. Yadagiri, Aged about 62 years, Occ: Business No 2-2-721341112, Flat No.302, beside lrani Hotel lane Sai Balaji Apartments, Turab Nagar, Amberpet, Hyderabad
14.V. Raghuramaiah, S/o Late V. Yadagiri, Aged about 64 years, Occ: Business, Rl/o Anantaram Village, Bhuvanagiri District Bhuvanagiri T.S
15.V. Shekar, S/o Late V. Tukaram, Aged about 58 years, Occ: Business R:/o H. No. 3-14-34, Srinivas Nagar Ramanthapur, Hyderabad
16.V. Sai, S/o Late V. Hanumanth, Aged about 55 years, Occ: Business Rl/o H. No. 1 159, Beside Brindavan Apartments, Vidya nagar, T.S
17.V. Anil Kumar, S/o Late V. Venkaji, Aged about 64 years, Occ: Business FUo H. No. 12-15-584, Manikashwar Nagar, Near O.0 Campus,Seetafalmandi, Hyderabad 't8.V. Ravi, S/o Late V. Muthilingam, Aged about 55 years, Occ: Business Rl/o H. No. 1-9-296/4/9, S.B.H New Nallakunta Vidyanagar, Hyderabad 500044
19.K. Chandra Kala, W/o K. Raju, aged about 70 years, Occ: Housewife, Rl/o Plot No.249, HMT Sathavahana Nagar, Kukatpally, Hyderabad 5(10072
20.Smt. Padmaja, W/o Sri Ramana, aged about 52 years, Occ: Govt. Employee, Fl/o Villa No.'l 5 1 , Trishala The Village Satamrai Mandal, Shamshabad Mandal, Ranga Reddy District
21.Sakali Abbaiay, S/o not known to the Petitioners, aged about 65 years, Occ: Ex-Govt. Employee, Fl/o Ananatharam Village, Bhongir Mandal, Yadadri District
22.Ch. Venkat Reddy, S/o Late Ch Gopal Reddy, Ananatharam Village, Bhongir Mandal, Yadadri 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 an appropriate writ, order or direction preferabry a writ in the nature of T,ANDAMUS decraring the inaction on the part of the Respondents No.1 to 10 in not considering the representations of the petitioners vide receipt bearing No '1608641 and 160g642 as ilregar, nulr and void as the dated 27_06_2024 same are being actuated by malafides, illegality, unreasonable, and arbitrary and not binding on the Petitioners thereby contravening the constitutional right of the Petitioners to enjoy his property including right to enjoy his property under Article 300-4 of the constitution of lndia in the interest of justice and consequently direct the Respondent Nos. 1 to 10 to conduct a survey and to fix the boundaries of the agricultural lands i.e., Sy No.251lE/1 admeasuring Ac.1.135 gts., Sy No.2b1lE3, admeasuring Ac.1.135 gts., Sy.No.251lE2 admeasuring Ac.1.1375 guntas, Sy. No.251lE4 admeasuring Ac.1.135 gts. Sy.No. 217 admeasuring Ac. 9.16 Gts., Sy.No. 261 admeasuring Ac. 9.25 gts. And Sy.No. 262 (Part) admeasuring Ac.5.27 gts. total admeasuring Ac.30.03 fts of Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District in pursuance of F-Line Application bearing receipt bearing No. 1608641 and 1608642 dated2T-06-2O24. 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 pass interim orders by directing the Respondents No.1 to10 to conduct a survey fix the boundaries of the agricultural lands i.e. Sy.No.25'1lE/1 admeasuring Ac.1.135 Gts. Sy. No.251lE3, admeasuring Ac.1.135 gts., Sy.No.251lE2 admeasuring Ac.1.1375 guntas, Sy. No.251lE4 admeasuring Ac.1.135 gts. Sy.No. 217 admeasuring Ac.
9.16 Gts., Sy.No. 261 admeasuring Ac. 9.25 gts. And Sy.No. 262 (Part) admeasuring Ac.S.27 gts. total admeasuring Ac.30.03 fts of Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District in pursuance of F-Line Application bearing receipt bearing No.1608641 and 1608642, dated 27-O6-2024 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioners: SRI R. A. ACHUTHANAND Counsel for the Respondents No.l, 3, 5 to '10: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI P. KISHORE RAO, S.C. FOR GRAM PANCHAYATH Counsel for the Respondent No.l1 to 22t - The Court made the following: ORDER THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.37OO3 of 2o24 ORDER: This Writ Petition is liled praying this Court to declare the action ol respondent Nos.9 and l0 in not considering the F-Line applications, d.ated 27.06.2O24 submitted by rhe petitioners lor conducting survey and demarcation of the agricultural land admeasuring Ac.1.135 guntas in Sy.No.2S 1/Ell; Ac.l.135 guntas in Sy.No.2S1lE3; Ac. 1.1375 guntas in Sy.No.251lE2; Ac.t.l35 guntas in Sy.No.25llE4; Acs.9.16 guntas in Sy.No.217; Acs.9.25 guntas in Sy.No.261 and Acs.5.27 guntas in Sy.No.262 (part), totalling to an extent of Acs.30.03 guntas, situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri-Bhongir District, as illegal and arbitrary and consequently prayed for other appropriate reliefs. It is stated that the petitioners, along with respondent 2. Nos. 1 1 to 18, are the joint owners .of the agriculture land admeasuring Acs.9.16 guntas forming part of Sy.No.217 situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri-Bhongir District. It is furtherstated that the petitioners have also instituted a suit for partition uide O.S.No.347 of 1992 on the file of the Additional Judge, City Civil Court, Hyderabad and the said suit was decreed uide judgment, dated 22.06.1992 granting shares to 2 CVBR, J wp _37OO3_2024 the respective parties therein. According to the petitioners, they are enjoying their respective shares in the suit schedule properties in O.S.No.347 of 1992. [t is further stated that, disputing the right and entitlemcnt of the petitioners, when respondent Nos. 11 to 22 are frequently interfering and causing inconvenience for enjoyment o[ the subject property, the petitioners were constrained to institute a suit for perpetual injunction uide O.S.No.395 of 2O2l on the file of the Principal Junior Civil Judge, Bhongir and the said suit is pending for adjudication. It is further stated that the petitioners have made F-Line applications seeking to survey and to fix the boundaries of the suit schedule properties in O.S.No.347 of 1992, wherein they obtaining the decree. The grievance of the petitioners is that even after receiving the said F-Line application the respondents are not conducting any survey or fixing the boundaries, to enable the petitioners to prevent the encroachments and to enjoy their absolute rights over the said propertv.
3. Considered the submissions of the learned counsel for the respective parties and with their consent, this wrir petition is disposed of at the admission stage. 4 . Sri L. Ravinder, learned Assistant Government Pleader for ReVenue has not disputed that the suit for partition has been instituted and the same was decreed. Learned Assistant Y' Y 3 CVBR, I wp 37003_2024 Government Pleader further submits that in view of pendency of the suit for simplicitor injunction, the petitioners are entitled to make an application in the said suit for conducti4g survey if there is any dispute with the co-sharers of the property.
5. In view of the above submissions, this Court, without expressing any opinion on the rights of the inter se parties, deems it appropriate to dispose of this writ petition, permitting the petitioners to file appropriate application in the pending suit for \ I appointment of advocate-commissioner for conducting survey of the suit schedule property with the assistance of Survey Department and in the event of such application being filed, the trial Court is directed to pass orders, in accordance with law, within a period of two (02) months from the date of filing of such application.
6. With the above observations, the Writ Petition is disposed of' There shali be no order as to costs.
7. As a sequel, the miscelianeous petitions pending, if any, shall stand closed //TRUE COPY// SD/.A.V.S. PRASAD ASSTSTANT REGISIRAR ) c{/ SECTION OFFICER To,
3. 4 The Additional Judge, City Civil Court, Hyderabad' The Principal Junior Civil Judge, Bhongir. The Principal Secretary Revenue Department, State of Telangana' Secretariat Building Hyderabad The Principal Secretary Panchayat Raj Department, State of Telangana' Secretariat Hyderabad
5. The District Collector, lntegrated District Office Complex Raigiri (Village)' Yadadri, Bhuvanagiri District T.S 508116
6. The Gram Panchayath, Ananatharam Village, Bhuvanagiri Mandal Yadadri, Bhuvanagiri District. T.S
7. The Revenue Division Officer, Main Road, Bhuvanagiri Mandal Yadadri, Bhuvanagiri District. T.S 508'l 16
8. The Mandal Revenue fficer, Main Road Bhuvanagiri Mandal Yadadri, Bhuvanagiri District. T.S 5081 '16
9. The Commissioner Survey and Land Records State of Telangana, Hyderabad 10. The Joint Director Survey and Land Records State of Telangana, Hyderabad 1 1 . The Assistant Director Survey and Land Records State of Telangana, Hyderabad
12. The lnspector of Survey and Land Records, Yadadri Bhuvanagiri District, lntegrat6d District Office Complex, Raigiri (Village), Yadadri, Bhuvanagiri District-T.S 5081 16
13.One CCto SRI R. A. ACHUTHANAND, Advocate [OPUC] 14.Two CCs to SRI L. RAVINDER, GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
15.Two CCs to GP for Panchayat Raj and Rural Development, High Court for the State of Telangana at Hyderabad. [OUTj
16.One CC to SRI P. KISHORE RAO, S.C. for Gram Panchayath [OPUC]
17.Two CD Copies i/P BS s \ Ea -- I HIGH COURT DATED:0210112025 ArS I € 1 t J o() 2B JAri t [25 2 c, t\ t OEs tA * o ORDER WP.No.37003 of 2024 DISPOSING OF THE WRIT PETITION WTHOUT COSTS cg,r,d- %