The High Court · 2025

Petition under Article 226 of the constitution of lnr ir praying that in the circumstances stated in the affidavit filed therewith, tt'e High court may be pleased to issue any writ, order or direction more particular I one in the nature of, writ of Mandamus declaring the inaction of the respondent; in conducting survey and demarcation on the land of in Sy.No.75 an extent of ,A: 26-09 gts situated at Lingojiguda village, Choutuppal lvlandal, Yadadri Bhongir - istrict by considering the representation of the petitioner dated 15-11-21'.5 vide Application No A0D022500075918 as arbitrary, illegal and in violation r f Articles 14, 21 and 300- A of the Constitution of lndia apart from being viola.i rn of The Telangana State Survey and Boundaries Act, 1973 and consequently c rect the respondents to conduct survey on the petitioner's Iand by considering he application of the petitioner bearing Application No.A0D022500075918 dated ' 5-1 1-2025. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the High Cou t may be pleased to direct the respondents to conduct survey and demarcation r Sy.No.75 an extent of Ac.26-09 gts situated at Lingojiguda village, Choutup:al Mandal, yadadri Bhongir District, Telangana State, pending disposal of the rr rin writ petition. Counsel for the Petitioner: SRI K. SAI KRISHNA MOHAN Il \O Counsel for the Respondent No.1 to 5: SRI L. RAVINDER. ASST. GP FOR RE\ ENUE Counsel for the Respondent No.6 lo 12: - - - - The Court made tlre following: ORDER n THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.36248 of 2025 ORDER This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief ". . .to issue anA tuit, order or direction more pafticularlg one in the nature of, Wit of Mandamus declaring the inaction of the respondents in conducting surueg and demarcatton on the land of in Sy.No.7S an ertent of Acs.26-O9 gts, situated at Lingojiguda uillage, ChoutuppaL Manda| Yadadi Bhongir District by consideing the representation oJ the petitioner dated 1 5-1 1-2025 uide AppLication No.AOD0225000759 I 8 os orbitrarg, tllegal and in uiolation of Articles 14, 21 and 300' A of the Constitution of India oport from betng uiolation of The Telangana State Sur.uey and Boundaries Act, 1973 and consequentlg direct the respondents to conduct surueA on the petitioners land bg consideing the application of the petitioner beaing Application No.AOD0225O0075918, dated 1 5-1 1 2025 and be pleased to pass..."

2. Heard Sri K.Sai Krishna Mohan Rao, learned counsel appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondents Nos.1 to 5 and perused the record 2

3. Learnecl counscl appearing for the Jrr' Ltiorrer lvould submit tlurt the petitioner purchased land r an extent of Acs. B .30 quntas 1l-I Sy.Nos.75lAA,75/L\t situated at Lingojiguda Village. Choutuppal Mandal, \',r ladri-Bhongrr Distnct, t hrough a registered sale deed bea r: ng document No.2l95/ Ji){)4. From the date of purchasc he petitioner rs 1n pe:rt'cful possession and enjoyment the subject property:rnd he is eking his livelihood by do r g cultivation When ur.rolTicial respondents are tryrng disturb the boundarir:s of the subject property, the petit oner filed an application before the respondent authoriti: ; to the said eflect and also O.S.No.6O 12025 before the Clir I Court. The Crvil Cor-rr1 has passed an ad-inteim inj - tction dated

15.04.2025 in I.A.No.I37 of 2O25. While thiL being so, on the application made by the petitioner, tre Tahsildar conductecl survev on 08.02.2025 uide Fiie No.F/ 1399/2024 but the Tahsildar has not cii marcated the sr-rbject lancl and not fked the boundaries | .a;:a '14<, . 3

4. The saicl survey was not conducted in proper lines and the petitioner again approached respondent No.2 by submitting another application uid-e Application No.AOD022500075918,'dated 15.11.2025. Despite receiving the said application, the respondent_authorities have not acted upon it. Hence, the present writ petition.

5. karned Assistant Government pleader for Revenue would submit that the respondent-authorities have conducted survey on 08.02.2025. The issue raised in the present writ petition has to be adjudicated only before the Civil Court and the Civil Court alone is the competent authority to decide the said issue. The petitioner has filed O.S.No.60/2025 before the competent Civil Court and obtained ad-inteim injunction dated IS.O4.2O2S in I.A.No.137 ot 2025 in O.S.No.60/2O25. O.S.No .60 /2025 is still pending. The petitioner without waiting for the final orrtcome of O.S.No.6O 12025 has rushed to this Court by filing the present Writ petition, which is misconceived. Hence, seeks to dismiss the present writ petition J 4 -

6. In vie'"v of the aforesard facts and c,r r -rmstances of the case and upon perusing the material available on record, ttris Writ Petition is disposed of, gra r ing liberty to the petitioner to submit an application unds - Order XXVI Rule 9 of Cl.l).C. to appoint an Advocate Corr missioner for demarcat ion of the land ancl to conduct s urvey of the subject propertv with the help ol I-re Mandal Survet'or/ Government Surveyor. Upon r c :eipt of the Advocate Commissioner's Report, it is lor tht livil Court to consider lhe same and pass appropriate r r lers- There shall be no order as to costs. As a sequel, the miscellaneous petitio r; pending, if any, shall sland closed. SD'. P. PONNA KRISHNA AS:l 514Nr REGTSTRAR //TRUE COPY// SECTION OFFICER To, B.R. Ambedkar Hyderibad.'

1. The Principar secretary, Department of Revenue, The s;r rte of rerangana, Dr ? I!-,u District Coile6tor, yadadri Bhongir District At Bhonci . 3. The Commissioner Surysy 3n6 setti,jm1ni aiaU#R:; :ords, D.No.3_5_ . 1088, Survey Bhavan, Nriata;sG;, rir"j"rlilIa* 4. The Addition-at Direcror, Su;GttlG;j,frEtliji'vuorr r Bhonqir District 5. The Tahsitdar, Choutupp3lr/"horrlVitii,i" rin8n,ji, D;sr ct. 6. one CC to SRr K. sAr'KRISHNA tilcjfiAiin,{cj, irouo.rt topucl , Id,rr""'to 8. Two CD Copies 6. BN Gp FoR REVENUE,'FiIsii'i;,ffiift SiJ i diiu-r#g,n, HIGH COURT DATED:2711112025 t t I ORDER WP.No.36248 of 2025 e) -:=-:: =':: r, ' l'-4 i i-: ?-o (1 23 t :[ n i I I i E R i i I I i I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ J