Madasi Komuraiah v. Mancherial District

The Assistant Director of Survey, Mancherial, Mancherial District. The De,puty lnspector of Survey Mancherial Division, O/o.Revenue Divisional Officer Mancherial, Mancherial District. Gajelli .Shanker, , S/o.Bodaiah Aged fiajor, Occ . Business R/o.H.No.23_S0, Sri Sri l{agar Mancheriai, Mancheiial District. ...RESPONDENTS Petitiorr under Article 226 of the constitution of lndia praying that in the circumstancer; stated in the affidavit filed therewith, the High Court may be pleased to iss,ue an appropriate writ, order or Direction, more particularly one in the nature of '/vrit of Mandamus, declaring the action of the Respondent Nos.3 to 7 morc esper:ially Respondent Nos.6 and 7 in interfering with the petitioners house propeiies bearing H.No.5-66/8, No.5-66/3/2, No.5-66/7, No.5_66/3/3/4/1 , No.5-66/5, No.5-81/4/1 , No.5-81t4t2, No.5-68i5/A/.1 , No.6-76/3, No.6_2519, No.5-68/3/4/1 and No.5-66/5/1 situated in Sy.No..t02, No.102/1 and No..102/2 Naspur Villag,-'and Mandal, Mancherial District under the guise of issuing the impugned proceedings by the 7th respondent in Rc.No.B'r/Dy.losrsstzo25, d1.01 .12.2025 for conducting enjoyment survey from 08.12.202s to 10.12.2025 (Adjourned to unspecified date) or any other dates as illegal, arbitrary, unconstitutionrrl, contrary to the provisions of Survey and Boundary Act and consequently ry setting aside the impugned proceedings of the 7th respondent in Rc.No.BllDy.losrbsl212s, dt.01.12.202s, direct the Respondent Nos.3 to 7 not to interfere with the peaceful possession and enjoyment of the petitioners house properties br:aring H.No.5-66/8,No.s-66t312, No.5-66/7, No.5-66/3/3/4/1 , No.5-66/5, No.5-81/4/1, No.5-81/4/2, No.5-68/5/A/1, No.6-76/3, No.6-2519, No.5-68/3/A/1 and No.5-661511 situated in Sy.No.102, No.10211 and No.102/2 Naspur Village and Mandal, Mancherial District under the guise of conducting enjoyment survey, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the iircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.3 to 7 not to interfere with the lawful possession and enjoyment of the petitioners house properties bearing H.No.5-66/8, No.5-661312, No.5-66/7, No.5-66/3131 Al 1, No.5-66/5, No.5-81 /4/1, No.5 -81 I 412, No.5- 6815l Al 1, No.6-7613, No.6-25l9, No.5-68/3/4/1 and No.5-66/5/1 situated in Sy.No.102, No.102/1 and No.10212, Naspur Village & Mandal, Mancherial District under the guise of conducting enjoyment survey, pending disposal of the above writ petition. 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 Stay all further proceedings including conducting of Survey pursuant to the lmpugned Notice issued by the 7th Respondent in Rc.No.B1/Dy.los/55/2025, dt.01.12.2025 in Sy.No.102 of Naspur Village and Mandal, Mancherial District, pending disposat of the above writ petition. Counsel for the Petitioner: SRI M.JANARDHAN RAO e Counsel for the Respondent No.1 to 7: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.8: SRI VADLAKONDA RAVI KUMAR REDDY The Court r"d" the foltowing: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE} HONOURABLE SRI JUSTICE E.V.VENUGOPAL W.P.No.4O777 of 2O25 Date: 0 L-2026 Between Madasi Komuraiah and eleven.others AND ...petitioners The State of Telangana, Rep. by its Principal Secretar5r, Revemre Department, Secretariat, Building, Secretariat, Hydererbad and seven others. ...respondents ORDER This writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:- i 'to declare the action of the Respondent Nos.3 to 7 more especially Respondent Nos.6 and 7 in interfering with the pe:titioners house properties bearing H.No.5-66l8, No.5-66l3/2, N,r.5-66l7, No.5-66l3/3lNl, No.5-66l5, No.5-gl/4/1, No.5_ 81 / 4/2, No.5-68/5/A/ 1, No.6-76l3, No.6-25l9, No. 5-68/3 / N I and No.5-66l5/l situated in Sy.No.l02, No.l02ll and No.l02l2 2 EVV,J W.P.No.40777 of2025 Naspur Village and Mandal, Mancherial District, under the guise of issuing the impugned proceedings by the respondent in Rc.No.Bl/Dy.Ios/5512025, dt.01.12.2025 for conducting enjoyment survey from 08.12.2025 to 10.12.2025 (Adjourned to unspecified date) or any other dates as illegal, arbitrary, unconstitutional, contrary to the provisions of Survey and Boundary Act and consequently by setting aside the impugned Proceedings of the 7th respondent in Rc.No.Bl/Dy.Iosl55l2025, dt.01.12.2025, direct the Respondent Nos.3 to 7 not to interfere with the peaceful possession and enjoyment of the petitioners house properties bearing H.No.5-66l8,No.5-66l3 12, No.5-6617, No.5-66l3/3/Nl, No.5-6615, No.5-81/4/1, No.5-81/4/2,, No.5-68/5/4/1, No.6-7613, No.6-2519, No.5-68/3/4/1 and No.5-66l5/1, situated in Sy.No.lo2, No.l02l1 and No.l02l2 Naspur Village and Mandal, Mancherial District under the guise of conducting enjoyment survey, in the interest of justice and to pass such other order."

2. Heard Sri M. Janardhan Rao, learned counsel for the petitioners, Sri L. Ravinder, learned Assistant Government Pleader for Revenue, appearing for the respondent Nos. I to 7, and Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the respondent No.8. Perused the material available on record.

3. Learned counsel for the petitioner would submit that the petitioners are the similarly placed 3 EVV,J W.P.No.40777 of 2025 persons as that the persons who were issued impugned notice in Rc.No.B1lDy.tos /55/2025 dated OI-L2-2O25, wherein it was informed that the purported survey is being ,lontemplated to survey the land in question on 08-12-'.2025 to LO-12-2O25 (3 days) at 10.30 am. He would further submit that as against the said notice issued, the petitioners have not been issued any notice in spite ol the petitioners are also having land in the said survey number. Upon being come to know the purported survey, the petitioners obtained copy of the same from the neighbouring land owners and filed this writ petition. He would lurther submit that the petitioners are the bona fide purchasers and have been in possession of the propert'r in question for a long time. In the absence of petition,:rs granting an opportunity of their presence in the purported survey or by filing necessary objections to the saicl survey, the petitioners' valuable rights will be defeated. -

4. Learned counsel for the petitioners would further rsubmit that the survey conducted as against the 4 EW,J W.P.No.40777 of 2025 order of this Court in W.P.No. 19820 of 2025 dated |O-O7-2O25, wherein there was a direction to the respondent No.7 herein to act upon the pending ippeal and pass appropriate orders within a period of six weeks. Pursuant to the said direction, the impugned notice has been issued. F\rrther, along with the petitioners, some of the other land owners have also not been issued the impugned notice. . Therefore, he submits that the petitioners ought to have issued notice and without issuing any notice to the petitioners and without taking into the objections from the petitioners, if the survey is conducted, the petitioners put to be a great loss, hence, he seeks to pass appropriate orders.

5. karned Assistant Government Pleader for Revenue d.ppearing for the official respondents would submit that the impugned notice was issued in accordance with the orders passed by this Court in W.P.No. 19820 of 2025 dated 1O-07-2025. If any further survey is conducted in respect of the Sy. No. 102 situated in Naspur village and Mandal, Mancherial District, then a 5 EW,J W.P.No.40777 of 2025 notice will be issued to all the concerned and necessar5r enjoyrnent survey would be conducted in terms of the circul:rr instructions issued by the Commissioner, Survey and Lrmd Records, from time to time and hence, seeks to pass appropriate orders.

6. Sri Vadlakonda Ravi Kumar Reddy, learned counsr:l for the respondent No.8 submits that the respor:.dent No.8 has been issued instructions from the respor.dent No.3 to file vakalat to put-forth his contentions and therefore, he filed vakalat on behalf of the respondent No.8. He further submits that no perversit5r can be attributed to the impugned notice with regard to the purported survey to be undertaken by the respondent No.7. Pursuat to the order of this Court in W.P.No.19820 of 2025 dated 10-07-2025, the purported survey was directed to be conducted and unless the survey has been conduc:ted, the clarity or logical conclusion would not be arrived at. Having come to the knowledge of the notice dated Ol-12-2O25, the petitioners instead of filing objections before the authority concerned, approached 6 EW,J W.P.No.40777 of 2025 this Court, hence, the Writ Petition is premature and misconceived. He would further submit that since the notices have been already issued, the question of issuing further notice to the petitioners does not arise Accordingly, he seeks to pass appropriate orders.

7. In view of the above submissions made by the learned counsel for the respective parties, this Court is of the view that, since the petitioners are claiming that their land also forms part and parcel of Sy. No.102 situated at Naspur Village and Mandal, Mancherial District, without expressing any opinion on the merits or demerits of the Writ Petition, the same can be disposed of by directing respondent No.7 to issue notice to the petitioners herein, consider the objections, if any, to be filed by them in respect ol the purported survey, and thereafter take necessary action in accordance with law and in terms of the order passed by this Court in W.P. No.1982O of 2025, dated IO-O7-2025. 7 EW,' W.P.No.40777 of2025

8. With the above observations, direction the Writ Petition is disposed of. There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. C. DEEPIKA ASSISTANT REGISTRAR cSECTION OFFICER To,

1. The Principal Secretary Revenue Department Secretariat, Hyderabad, State of Telangana.

2. The Chief Commissioner of Land Administration, Government of Telangana

3. The District Collector, Mancherial District. 4. The Revenue Divisional Officer, Mancherial Revenue Division Mancherial, Manche rial District.

5. The Tahsildar, Naspur Mandal Mancherial District. 6. The Assistant Director of Survey, Mancherial, Mancherial District. 7. The Deg:uty lnspector of Survey Mancherial Division, O/o. Revenue Divisional Officer lvlancherial, Mancherial District.

8. One CC to SRI M.JANARDHAN RAO, Advocate [OPUC] 9. One CC to SRI VADLAKONDA RAVI KUMAR REDDY, Advocate [OPUC] 10.Two COs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

11.Two CD Copies BSR GJP HIGH COURT DATED: A510112026 ORDER WP.No.40777 of 2025 it,ii;$ ;4 i.r.H rl? 40 z! .1. 7 * DISPOSING OF THE WRIT PETITION, WITHOU'T COSTS bohla.t