Disposed

Bhootharaju Jangaiah v. The State of Telangana

Telangana HC10 Apr 2025WP/13909/2022

Case brief

AI extract

What is this about?

Batch of connected writs over survey of agricultural land in Arutla Village, Ranga Reddy District, where some landowners sought to restrain survey citing pending civil suits and others sought a direction to conduct it. Holding that survey only demarcates boundaries without adjudicating title and no stay existed, the Court disposed of the batch, permitting a fresh F-Line application with directions

What did the court decide?

W.P.No.34521/2024 disposed permitting fresh F-Line application; respondents to conduct survey with notice within eight weeks or pass reasoned order; other writs seeking restraint not granted.

Bhootharaju Jangaiah Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

[^32s6 ]

¶3

THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITION NO: 10331 13909 14093 14156 14260 41956 0F 2022ANO 3452't OF 2024

¶7

W.P.NO:103 31 0F 2022

¶8

Between:

¶9

flynlam.^{Ramesh, S/oChand.raia.h,aged about} 32^years, Occ. Agriculture, F/o Arutta Viilage, Mancyala Mandai, n-anga RedOybiiiri"t'^-*

¶10

...PET|T|ONER AND

¶11

1 I!9 -Sl9!9 of Tetangana, Eqp, Oy its principat Secretary, Revenue

¶12

^^{g.epqrtment, Secretariat Building, Secretaiiat,HyOeratidd.} 2. The District Coilector, [a1ga Rdddy, nangi Reddy disirict.

¶13

The Revenue Divisional Ofricer, lbrihimpitnamDi'viSon,^-Canga Reddy District.

¶14

The Tahsildar, Manchal Mandal, Ranqa Reddv District.

¶15

I Ilg Yr.ngrt.Surveyor,.^{Manchat Mandil, nanganeOd-yOistrict.} t,. Lataga.ri..Yadaiah, S/o Venkaiah,Aged about42 years, Occ. Agriculture, Rt/o Arutla Village, Manchal Mandal, Raiga Reddybistrict.

¶16

...RESPONDENTS

¶17

Petition under Articre 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 more particurarly one in the nature of writ of Mandamus declaring the action of the respondent No.4 and 5 in conducting the survey and demarcation on the land of the petitioner in respect of the agriculture land in sy.No.1597/E to an extent of Ac.0.05 gts, sy.no.1599/EE to an extent of Ac.0.09 gts, Sy.No.1608/4A to an extent f Ac.0-08 gts, Sy.No.1611/E to an extent of Ac.1.05 gts, sy:No.161 2ilJrJ to an extent of Ac.0.0'1 gts, sy.No.1624lAA to an extent of Ac.0.02 gts totar to an extent of 4c.2.10 gts situated at Arufla village, Manchal Mandal, Ranga Reddy District, in Iis pendenced lands in o.S. No.209 oI 2021 on the file of the Junior civil Judge court at lbrahimpatnam, without issuing any notice and without following the due

¶18

process of law, by colluding with the respondent No.6^{and others,is highly} illegal, arbitrary, unco nstitutional, unjust and^{in violation of Princip|:s of Nhtural} Justice and also in violation of Articles^{14 and 300-4 of the Constitr.rtion of lndia} and consequently direct the respondent^{No.4 and 5 not to condut;t the survey} and demarcation on the land of the^{petitionerin respect of the agricultureland in} Sy.No.1597iE to an extent of Ac.0.05^{gts, Sy.no.1599/EEto an extentof Ac.0.09} gts, Sy .No.1608iAA tc, an extent f Ac.0.08^gts, Sy.No.l61^{1/E to an extdntof} Ac.1.05^gts, Sy.No.16'l 2ltJtJ to an extent^{of Ac.0.01gts, Sy.No.1(i24lAAto an} extent of Ac.0.02^gts total to an extent^{of Ac.2.10 gts situated at A,rutla Village'} Manchal Mandal, Ranga Reddy District,^{in lis pendenced lands in O S.No.209of} 2021 on the file of the Junior Civil Judge Court at^{lbrahimpatnam, without issuing} any riotice and withoLrt following the due^{process of law, by coltutiing withthe} respondent No.6 and others.

¶19

lA NO: 1 OF 2022

¶20

Petition under Section^'1 51 CPC^praying thatⁱⁿ the^{circumstancesstated} in the affidavit filed in support of the^petition, the High Court^{maybe pleasedto} direct the respondent No.4 and 5 not to conduct the survey and^{de'narcation on} the land of the^petitioner in respect of the agriculture^{land in Sy.No.1597iEto an} extent of Ac.0.05^gts, Sy.no.1599/EE to an extent of^{Ac.0.09gts, Sy.No.1608/AA} to an extent f Ac.O.0B^gts, Sy.No.1611lE to an^extent of^{Ac.1.05 gts,} Sy.No.1612/UU to an extent of Ac.0.0'1^gts, Sy.No.'16241AA lo^{an extentof} Ac.0.02 gts total to an extent of Ac.2.10^gts situated at Arutla^{Village,Manchal} Mandal, Ranga Reddy District, in lis^pendenced lands in O.S.No.209^{of 2021 on} the file of the Junior Civil Judge Court at lbrahimpatnam,^{withouiissuingany} notice and without following the due^process of law, by colluding with the respondent No.6 and others^pending disposal of the writ^petition.

¶21

Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.I TO 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI V.M.KRISHNA REDDY

¶22

w.P. NO:13s 09 0F 2022

¶23

Between:

¶24

iiHSl?il?:"*Tffi i31,,,11?,h1f .#iil:ii,f fi:Xn:'fl "%o47years,occ

¶25

AND ...PETIT|oNER

¶26

;ft?fltrfl r**trH"}#ffi ;'*,*i#,{,rlt},i"-*1"..,

¶27

lm;pp:;g;p,N6lffiffiy*mx Aruflavirrase,ManchanGniiii,nritii,ffi;;b:JI

¶28

...REspoNDENrs

¶29

petition under A,.icre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus decraring the action of the respondent No.4 and 5 in conducting the survey and demarcation on the land of the petitioner in respect of the agriculture land in Sy. No. 1S97lA to an extent of Ac. 0.06 gts, Sy. No. 15991N1 to an extent of Ac. 1.01 gts, Sy. No. 1608/Kha to an extent of Ac. 0.23 gts' sy' No' 1611/AA to an extent ofAc. 0.14 gts, sy. No. 1612lA4 to an extent of Ac' 0'04 gts, sy. No. 't 624iUU to an extent of Ac. 0.03 gts and our said possession land to an extent of Ac. 1.00 gts in Sy. No. 1606, Ac.0.20 gts in Sy. No. 1607 of for the past 70 years which is situated at Arura Virage, Manchar Mandar, Ranga Reddy District, in rist pendenced rands in o.s.No.207 0f 2021 0n the fire of the Junior civir Judge court at rbrahimpatnam, without issuing any notice and without f1]fwinO the due process of law, by colluding with the respondent No.6 and others, is highly illegal, arbitrary, unconstitutional, unjust ,nO in ,iofrtion ot Principres of Naturar Justice and arso in vioration of Articres 14 and 300-4 of the constitution of rndia and consequenry direct the respondent ruo.+ ano u-;;,'a conduct the survey and demarcation on the rand of the petitioner in respect of the agriculture land in Sy. No. 1597/4 to an extent of Ac. 0.06 gts, Sy. No. 1S99/A,/1 to an extent of Ac.^.t.01 gts, Sy. No. 160g/Kha to an extent of Ac. 0.23 gts, Sy. No.

¶30

:;l;

¶31

1611/AA to an^{extent of Ac. 0.14gts, sy. No. 16t2lAAto an extento'Ac.0.04gts,} sy. No. 1624lUU^{to an extentof Ac. 0.03gts and our said possessionland'toan} extent of Ac. 1.00^{gts in sy. No. 1606,Ac. 0.20 gts in sy. No. 1607 rlf forthepast} 70^years which^{is situated at Arutla Village,Manchal Mandal,Ranga Reddy} District, in list^{pendenced lands in o.s.No.207 of 2021 on the file of the Juniorcivil} Judge court at^{lbrahirnpatnam,without issuing any-.notice and without following} the due^process of^{larn', by colluding with the respondent No 6 and others'}

¶32

IA NO: 1 OF²⁰²²

¶33

t petition under Section 1Sl CPC praying that in the circumstances statedⁱⁿ the affidavit filed^{in supoort of the petition, the High court maybe pleased to direct} the respondent No.4^{and 5 not to conductthe survey and demarcation on the land} of the^{petitionerin respect of the agriculturelandin Sy. No. 1597lALo an extent of} Ac. 0.06^gts, Sy. No.^{1599/4/1 to an extentof Ac. 1.01 gts, Sy' No'1608/Kha to an} extent of Ac. 0.23^{gts Sy. No. 161 1/AA to an extentof Ac 014 gts, Sy' No'} 1612tAA to an extent of^{Ac. 0.04 gts, sy. No. 1624lUUto an extent of Ac. 0.03 gts} and our said^{possession land to an extent of Ac. 'l .00 gts in Sy No '1606' Ac' 0'20} gts in Sy. No. 1607 of for the^past 70^{years which is situated at ,ArutlaVillage,} Manchal Mandal, Ranga^{Reddy District,in lis pendenced landsin 1f.s.No.207 of} 2021 on the file of^{the Juniorcivil Judgecourt at lbrahimpatnam, vrithout issuing} any notice and without^{following the due process of law, by collr.rding with the} respondent No.6 and^{7 pendingdisposal of the writ petition.}

¶34

Counsel for the Petitioner:^{SRI RAPOLUBHASKAR} Counsel forthe Respondent^{Nos.1 TO 5: GP FOR REVENUE} Counsel for the Respondent^{Nos.6 & 7: SRIV.M'KRISHNAREDDY'}

¶35

W.P.NO: 14093 OF 2022

¶36

Between:

¶37

Bhootharaiu Yadaiah, S/o^{Late Ramulu aged about 46 years,Occ Agriculture,} R/o Arutla Village, Manchal^{Mandal, Ranga Reddy District.} ...'ET'T'ONER

¶38

AND

¶39

The State of Telangana,^{Rep. by its Principal Secretary,Revenr.te} Department, Secreiariat Building,^{Secretariat,Hyderabad.}

¶40

2, The District Collector, Ranga Reddy,^{Ranga Reddy District.}

¶41

¶42

Illir[:"""*^{DivisionatOfficer,tbrahimpatnam} Divisio

¶43

4 5 6

¶44

mrullg,Nulg,p,y'lg+,:*

¶45

¶46

...RESPONDENTS

¶47

petition under Article 226 of the Constil r,,on of rndia praying tt,ut in tnu circumstances stated in the affidavit ,,,"0 ,n, t"*"n' the High court may be pleased tb issue an appropriate writ, order o,. o,n nature or writ or Mandamus dectaring "" ,r";:I;J:::::ff:ilJ;::JJi: conducting the survey and demarcation on the I: the agricurture rand in sy. No. 1597/AA ,o ,n 'no^{of the petitionerin respect} of gts, lssTtANl Sy. No. to an 1599/E extent to or Ac. 0.10 sts, sy. *". ,u"JrT"lH" lllriT;: ,i: Ac 1 ,8 sts, sy -" ,fl;ffi:#::J:::;:,,1:;:,:fi,J:",::;#:J to an extent of Ac' 3'12 gts and our said possession rand to an extent of Ac. 1.00 gts in Sy. No. 1606, Ac. 0.20 gts in Sy. No. 1607 r situated at Aruta Viltage, Manchat Mandat, r'#t::ilrrrff::T"1,; pendenced lands in O.S.No.21 i of 2021on the file of the Junior civil Judge court at lbrahimpatnam, without issuing any notice a no *,,nort following the due process of raw, by colruding with the respondent n,,f arbitrary, unconstitutionar, unjust and in vioratio, j;t ill,r,L"T;l]jj,lljllll; and arso in vioration of Articres 14 and 300-4 of the constitution of rndia and consequenfly direct. the respondent No.4 and 5 n demarcation on the rand ;:':",;:,^::-",':o^{to' to conduct the survev and} No r5e7lAA to ,n "o"n,ojrt[ lH,"j:; i::I:'J:::;riil:T ;i::l extent of Ac. 0.16 gts, Sy. No. .t6.t 1/RU1 to an er 1612tLU1to an.exent or Ac. 0.18 grs and ., ,".1T:fr1","r"1,t;il;I 3'12 gts and our said possession rand to an extent of Ac. 1 .00 gts in Sy. No. 1606, Ac' 0 '20 gts in sy' No' 1607 0f for the past 70 years which is situated at Arura Village, Manchal Mandal o.s.No.207 or 2021",;;::L^::llL:.,:,":;,in^{rist pendencedrands in} without issuing any notice anrr withnr r+ r^r^..-:_ _ ..^- .^{--''q' rvr ar rrlrrPatnam,} co,udins with the,",o.,o*,Tj.:ffi1;F;t"il:";:':'::::::llT1,

¶48

lA NO: 1 OF 2022

¶49

Petition under Section 151 CPC praying that in the circumslhrces stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 and 5 not to conduct the survey and demarcation on the land of the petitioner in respect of the agriculture land in SV. f.fo 15g7lAA to an extent of Ac. 0.'t0 gts, Sy. No 1597/AA/1 to an extent of Ac. 0.10 gts, Sy. No. 1599/AA/3 to an extent of Ac. 0.16 gts, Sy. No. 1599/E to an extent of Ac. 0.16 gts, Sy. No. 161l/RUl to an extent of Ac. 1.18,gts, Sy. No. 16121LU1 to an extent of Ac. 0.18 gts 5nd Sy. No. 1624lull to an extent oI Ac.3.12 gts and our said possession land to an extent of Ac.^'1 .00 gts in Sy. No. 1606, Ac. 0.20 gts in Sy. No. .l 007 of for the past 70 years which is situated at Arutla Village, Manchal Mandal, Fianga Reddy District, in lis pendenced lands in o.S.No.21 1 of 2021 on the file of the Junior civil Judge court at lbrahimpatnam, without issuing any notice and with cut. following the due process of law, by colluding with the respondent No.6 and 7 pending disposal of the writ petition.

¶50

Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.l TO 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI V.M.KRISHNA REDDY

¶51

W.P.NO: 14156 OF 2022

¶52

Between:

¶53

' Occ Maragoni _api1ha, S/o Late Sambaiah Aged about S1 years, Agriculture, R/o Arutla Village, Manchal Mandal,^-Ranga Reddy Didtrict.

¶54

...PETITIONER

¶55

AND

¶56

The State of Telangana, Rep. by its Principal Secretary, Revenue

¶57

_ P.epqltment,^{Secretariat Building, Secretariat, Hyderadad.} 2. The District Collector, Ranqa Reddy, Ranoa Reddv District.

¶58

The Revenue Divisional Otficer, lbrbhimpitnam Division, Ranga R.eddy District.

¶59

The Tahsildar, Manchal Mandal, Ranqa Reddv District.

¶60

The Mandal Surveyor,. Manchal Mandal, Rangla Reddy District.

¶61

Lalagari Yadaiah, S/o Venkaiah, Aged alout 42 years, Occ. Agriculture, F/o Arutla Village, Manchal Mandal, Ranga Reddy District.

¶62

Animalla Narahari, S/o Narsimha, Aged about 50 years, Occ. Agriculture, R:/o Arutla Village, Manchal Mandal, Ranga Reddy DiStrict. ...neSpOXfietfS

¶63

Petition under Article 226 ot the Constitution of lndia praying that in the ci.rcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of ihe respondent No.4 and S in conducting the.survey and demarcation on the land of the petitioner in respect of the agriculture land in Sy. No. 1608/LU to an extent of Ac. 0.07 gts, Sy. No. 1 61 1/RU to an extent of Ac. 1 .05 gts, arid our said possession land to an extent of Ac. 1.12 gts in Sy. No. 1606 of for the past 16 years which is situated at Arutla Village, Manchal Mandal, Ranga Reddy District, in list pendenced lands in O.S.No.205 ot 2021 on the file of the Junior Civil Judge Court at lbrahimpatnam, without issuing any notice and without following the due process of law, by colluding with the respondent No.6 and others, is highly illegal, arbitrary, unconstitutional, unjust and in violation of Principles of Natural Justice and also in violation of Articles 14 and 300-4 of the Constitution of lndia and consequently direct the respondent No.4 and 5 not to conduct the survey and demarcation on the land of the petitioner in respect of the agriculture land in Sy. No. 1608/LU to an extent of Ac. 0.07 gts, Sy. No. 1 61 1/RU to an extent of Ac. 1 .05 gts, . and our said possession land to an extent of Ac. 1 .12 gts in Sy. No. 1606 of for the past '16 years which is situated at Arutla Village, Manchal Mandal, Ranga Reddy District, in list pendenced lands in O.S.No.205 ol 2021 on the file of the Junior Civil Judge Court at lbrahimpatnam, without issuing any notice and without following the due process of law, by colluding with the respondent No.6 and others.

¶64

lA NO: 1 OF 2022

¶65

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.4 and 5 not to conduct the survey and demarcation on the land of the petitioner in respect of the agriculture land in Sy. No. 1608/LU to an extent of Ac. 0.07 gts, Sy- No. 1611/RU to an extent of Ac. 1.05 gts, . and our said possession land to an extent of Ac. 1.12 gts in Sy. No. 1606 of for the past 16 years which is situated at Arutla Village, Manchal Mandal, Ranga Reddy District, in

¶66

tis^{pendencedlands ir o.s.No.205of 2021 on the file of the Junior civil Judge} Court at^{lbrahimpatnam,without issuing} any notice^{and withoutfolrowingthe due} process of law, by colluding with the respondent No.6 and^{7 pend'ng disposalof} the writ^petition.

¶67

Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.l TO 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI V.M.KRISHNA^REDDY

¶68

W.P.NO: 14260 OF 2022

¶69

Between:

¶70

Punnam Ramesh, S/o Late Chandraiah Aged about 32^years,Occ. Agriculture, Fyo Arutla Village, Manchal Mandal, Ranga Reddy^l.)istrict.

¶71

AND

¶72

..PET|TIoNER

¶73

The State of Telangana, Rep. by its Principal Secretary, Revent.te Department, Secretariat Building, Secretariat, Hyderabad

¶74

The District Collector, Ranga Reddy, Ranga Reddy District.

¶75

The Revenue Divisional Officer, Ibrbhimpatnam Division, Ranga^Reddy District.

¶76

The Tahsildar, Manchal Mandal; Ranga Reddy District.

¶77

The Mandal Surveyor, Manchal Mandal, Ranga Reddy District.

¶78

Lalagari Yadaiah, 5/o'Venkaiah, Aged abouti2^years, Occ, Agriculture,^Rl/o Arutla Village, Manchal Mandal, Ranga Reddy District.

¶79

Animalla Nbrahari, S/o Narsimha, Aged aboui 50 years, Occ. A.qriculture,^Rl/o Arutla Village, Manchal Mandal, Ranga Reddy District.

¶80

...RESpONDENTS

¶81

Petition under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High^C. ourt^{may be} pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent \o.4^{and 5 in} conducting the survey and demarcation on the land of the^petitioner in^{respect of} the agriculture land in Sy. No. 103/AA3 to an extent of Ac. 0.02^gts, Sy.^No. 1121A5 to an extent of Ac. 0.01 gts, Sy. No. 1597/C to an extent of Ac. 0.05^gts, Sy. No. 1599/D to an extent of Ac. 0.09 gts, Sy. No. 1608/44 to an extent of Ac. 0.28 gts, Sy. No. 1611/C to an extent of Ac.^'1 .05 gts, Sy.No. 161211:to an extent of Ac. 0.01 gts, Sy. No. 1624iAA to an extent of Ac. 0.02 gts ilnd our said possession land to an extent of Ac.^'l .00 gts in Sy. No. 1605, Ac. 0 38 gts in Sy. No. 1606 of for the past 70 years which is situated at Arutla Village, Manchal

¶82

Mandal, Ranga Reddy District, in list pendenced rands in o.s.No.209 of 2021 on the file of the Junior civir Judge court at rbrahimpatnam, without issuirig any notice and without following the due process of law, by colluding with the respondent No.6 and others, is highry iflegar, arbitrary, unconstitutionar, unjust and in violation of Principres of Naturar Justice and arso in vioration of Articres 14 and 300-4 of the constitution of rndia and consequentty-direct the respondent No.4 and 5 not to conduct the survey and demarcation on the rand of the petitioner in respeci of the agricurture rand in Sy. No. 103/AA3 to an extent of Ac. 0.02 gts, sy. No.112lA5 to an extent of Ac.:0.01 gts, sy. No. 1597/C to an extent of Ac. 0.05 gte sy. No. 1599/D to an extent of Ac. 0.09 gts, Sy. No. 1608/A4 to an extent of Ac. 0.28 gts, Sy. No. 1611/C to an extent of Ac. 1.05 gts, Sy.No. 16121F to an exteht of Ac. 0.01 gts, sy. No. 1624144 to an extent of Ac. 0.02 gts and our said possession land to an extent of Ac. 1.00 gts in Sy. No. .t605, Ac. 0.3g gts in Sy. No' 1606 0f for the past 70 years which is situated at Arura Virage, Manchar Mandal, Ranga Reddy District, in list pendenced rands in o.s.No.209^'ot 2021 on the tile of the Junior civir Judge court at lbrahimpatnam, without issuing any notice and without foilowing the due process of raw, by coiluding with the respondent No.6 and others

¶83

lA NO: 1 OF 2022

¶84

Petition under Section 15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondent No.4 and 5 not to conduct the survey and demarcation on the land of the petitioner in respect of the agricurture land in sy. No. i 03/AA3 to an extent of Ac. 0.02 gts, Sy. No. 112lA5 to an extent of Ac. 0.01 gts, Sy. No. 1597/C to an extent of Ac. 0.0S gts, Sy. No. 1599/D to an extent of Ac. 0.09 gts, Sy. No. 1608/AA to an extent of Ac. 0.28 gts, sy. No. 161 1ic to an extent of Ac. 1 .05 gts, Sy.No. 1612iF to bn extent of Ac. 0.01 gts, sy. No. i624lAA to an extent of Ac. 0'02 gts and our said possession land to an extent of Ac. 1.00 gts in sy. No. 1605, Ac. 0.38 gts in Sy. No. 1606 of for the past 70 years which is situated at Arufla Village, Manchal Mandal, Ranga Reddy District, in lis pendenced lands in o.s.No.209 of 2021 on the fire of the Junior civir Judge court at rbrahimpatnam,

¶85

without issuing any notice and^,without following the^{due proces;s of law, by} colluding with the respondent No.6 and 7^pending disposal of the^{writ petitiori.}

¶86

Gounsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 TO 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI V.M.KRISHNA REDDY

¶87

w.P.NO 41956 0F 2022

¶88

Between:

¶89

Punnam Ramesh, S/o Chandraiah, aged about 32^years, Occ Agriculture,^Fl/o Arutla Village, Manchal Mandal, Ranga Reddy District.

¶90

.,.pETlTlONER

¶91

AND

¶92

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Secretariat, Hyderabad.

¶93

The Chief Commissioner, Chief Commissioner of Land Administration, Telangana Hyderabad.

¶94

The District Collector, Ranga Reddy, Ranga Reddy District.

¶95

The Revenue Divisional Officer, lmbrahimpatnam Division, Ranga Reddy District.

¶96

The Tahsildar, Manchal Mandal, Ranga Reddy District.

¶97

Boora Lalitha, W/o Subbaiah, aged about 60 years, Occ Agriculture, Fl/o H. No. 32-1 29/1, Shapumagar, Qutbullapur, Jeedimetla, Medchal-tt4alkajgiri District.

¶98

B. S. Grace, Wio Samuel S Ravindranath, aged about 47 years, Occ Agriculture, Rl/o H. No. 6-3-183, New Bhoiguda, Secunderabad, Hyderabad.

¶99

Lalgari Yadaiah, S/o Venkaiah, aged about 45 years, Occ Agriculture, Rl/o H No. 8-5-712, Shubodaya Colony, Saroomagar, Ranga Reddy District

¶100

...RESPONDENTS

¶101

Petition under Article 226 o't lhe Constitution of lndia prayirrg that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue'an appropriate writ, order or direction more particulerly one in the nature of Writ of Mandamus the action of the Respondent No. 3 to 5 in nonconsidering the representation and Online application of the Petitir.rner vide No. LM2200035104 dated 10-08-2022 and non-initiating to cancel the illegal Pattadhar Pass Books of the Respondent No.6 to 8, which was issued on the Petitioners land to an extent of Ac. 1-33 gts in Sy. No. 1605 and 1606 which is situated at Artula revenue Village shivar of Manchal Mandal, Ranga Reddy Dislrict, is highly illegal, arbitrary, unconstitutional, violation of Articles 14, 15,21 and 300-A of the Constitution of lndia and also violation of Principles of Natural Justice and

¶102

consequentry to direct the Respondent No. 3 to 5 to consider the representations and online application of the petitioner and cancer the iilegar E pattadhaf pass Books of the Respondent No. 6 to g on petitioners rand to an to ar\ er:tent of Ac. 1- 33 gts in sy. No- 1605 and 1606 which is situated at Artura revenue Viilage shivar of Manchal Mandal, Ranga Reddy District.

¶103

lA NO: 1 OF 2022

¶104

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct thd Respondent No' 3 to s to consider the representations and onrine apprication of the Petitioner and cancer the iilegar E pattadhar pass Books of the Respondent No' 6 to I on Petitioner's rand to an to an extent of Ac. 1-33 gts in sy. No. 1605 and 1606 which is situated at Artula revenue Viflage shivar of Manchar Mandar, Ranga Reddy District and pending disposal of the writ petition.

¶105

Counsel for the petitioner: SRI RApOLU BHASKAR Counsel forthe Respondent Nos.1 TO 5: Gp fOn HeVeftUe Counsel for the Respondent Nos.6 TO g: _

¶106

W.P.NO:3 4521 oF 2024

¶107

Between:

¶108

' i1Vr,"+Jti'^tl 31"sffi#:i* tn":g#^{r,f;fi?o"s Business,} saroomagar'^{R/o H} Ransa^{No B-} ^^{5;g;v.oiit,rit,'i"r"'ngrr"State-prN code_500 oi!:hut,} z. Antmaila Narahari. S/o...{. N.aprlnha, Aged about 50 years, Occ. Agriculture, Arutta Viltage, Manchat fuanOat, n.n.bidiri"j, i-"'iung"na State.

¶109

...PETIT]ONERS

¶110

AND

¶111

The Principal Secretary,-Revenue Department, Secretariat Building, Hyderabad, Telanoand State.

¶112

The District coflector, Rang_a Reddy District, Terangana state at Hvderabad. 3. The Revenue Divisionat ofrri;, i#hirr;;il#'rjffi;;:R;;s; H#Eli*" District, at lbrahimpatnam.

¶113

The.ThahasitOar, MancnJi Mandal, Ranga Reddy distrbt at Manchal. 5. Assistant Director, survey and t-ario ne3Jri.,h*inga Reddy district.

¶114

9 9Spgt-y^{tnspectorof Sulyey,tbrahimpat} arn-,hlid neAov triiiriii.^" 3 llpyTgl_9yry.fgr,^{ruanbnar ruan'oai,nJhb'aA'eaov o-idtnci. '"'} u.^punnam Ramesh, S/o. Late Chandraiah, ageE about iZ VLirl, Occ. Agricurture, Rl/o. H.No. 1-24, Arura vittaeie,i,|ininir rvru-ntrT, iiing'i Reddy_, Telangana State.

¶115

Punnam^Raju, S/ o. Pochaiah, aged about 35 years, Occ. Agriculture, Rl/o. H,No. 3-29, Aruila vittage, Mancliat Mandal, Ranga iReddy Oistiici, feilangina State.

¶116

l0.Chindam Bheerappa, S/o. Late Musalaiah, aged about 40 years, Occ. Agriculture, _R/o. Arufla village, Manchal Mandal, Ranga R6ddy b,strict, Telangana State. l1.Adepu Narsimha, S/o. Late Anjaiah, aqed about 50 vears. occ. Arricurture _^{R/o. Arutla vittage,Manchal Mandal,} Ringa Reddy Otstricl, fetan,ia;; bi;t'e. l2.Bhootharaju Jangaiah, S/o. Late namutu,"aqeoitioui;6n;;;. o,ci..^{- -*'} Agriculture,_Fl/o. Arufla village, Manchal trrtaiOat, (anga {eddy'O-,itrict, Telangana State. l3.Maragoni Narsimha, S/o..Late Sambaiah, aged about 50 years, Occ. Agriculture,_Rl/o. Arutla village, Manchal tvtaiOat, nanga ieddy'Oistrict, Telangana State.

¶117

Bhootharaju_Yadaiah, S/o-. Late- Ramulu, aged about 42 years, Occ. .^{Agriculture,Rt/o. Arutla village, Manchal} MSndal, nanga Fteddy Oi,#ict, i Telangana State. 15.Md. Jahangeer Babumiya, s/o.-Moinuddin, Aged s5 years, occ. Agricurture R/o. H.No. 3-26, Aruta Vilage, Manchat Mindat, narig;Rbddy Diitiiii'-'" Telangana State.

¶118

...RESPONDENTS

¶119

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High cor_rrt may be pleased to issue an appropriate writ, order or direction, more in the nature of writ of Mandamus, declaring the inaction of the Official Respondents Nors. 3 to 7 in conducting Survey and fixing boundaries to the lands in survey Nos_ 6(15, 606 and 607, which are situated al Arufla Village, Manchala Mandal, Ranga Reddy District, as illegal, arbitrary and is in violation of Articles 14 and 21 of the corrstitution of lndia apart from being in negation of estabrished judiciar precerdents and consequently direct the Respondents No. 3 to 7 to survey, Demarcate and Fix the boundary stones to the lands in Sy.Nos. 605, 606 and,607, which are situated at Arutla village, Manchara Mandar, R.R.District, by taking police aid, in rhe interest of^justice.

¶120

!A NO: 1 OF 2024^t

¶121

Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preasr:d to direct the official Respondents tc Survey, Demarcate and Fix the boundaries cf the land in the survey Nos. 1 605' 1606 and 1607, which are situated at Arufla Viilage, Manchala Mandar, Ranga Reddy District with the aid of porice, pending above W.P. by.

¶122

¶123

Counsel for the Petitioner: SRI V.M.KRISHNA REDDY Counsel forthe Respondent Nos.1 TO 7: Gp FOR REVENUE Counsel forthe Respondent Nos.g TO 15: _

¶124

The Court made the following: COMMON ORDER

¶125

HON'BLE SRI JUSTICE C.V. BHASKAR^REDD]'

¶126

WRIT PETITION Nos. 1O331 I 2022. L39O912^{o22, I 40931 2022.} L41s612022, 14260 12022.4t956^{2022 and3452ll2O24}

¶127

COMMON ORDER:

¶128

The issues involved in these writ^{petitionsare intrinsically} interconnected and therefore, they are taken^{up and heard together and} are being disposrxl of by this common order.

¶129

Writ Petition No. 1033 1 of 2022 is filed^{seeking to declare the} action of respon<1t:nt Nos.4 and 5 in conducting^{surveyand demarcation} on the petitioner:'s agricultural land in^{Sy.No.1597/E to an extent of} Ac.0.O5 gts, Sy.No. 1599 /EE to an extent^{of Ac.O.O9gts, Sy No.1608/AA} to an extent of r,:.0.08 gts, Sy.No.161 1/E^{to an extent of Ac. 1.05 gts,} Sy.No.1612/UU to an extent of Ac.0.01^gts, Sy.No.1624/AA^{to an extent} of Ac.0.02 gts tot, admeasuring Hc.2.lO gts situated at^{Arutla Village,} Manchal Mandrrl, Ranga Reddy District, as illegal, a:-bitrary and violative of Artic L:s 14 and 3OO-A of the Constitution of^I ndia on the ground that said lands are subject matter of pending civil suit vide O.S. No.2O9 ol 2027 on the fi1e of the Junior Civil Judge, Ibrahimpatnam and for other ap])-opriate reliefs.

¶130

Writ Petition Nos. 13909, 14093, 14156, and 14260 of 2022 are filed by clilferert petitioners seeking similar reliefs, i.e., a direction I restrarning the official respondents i.o- "o.du"ting survey and (

¶131

¶132

demarcation over their respective agricultural lands situated in Arutla Village, Manchal Mandal, Ranga Reddy District, which are the subject matter of pending civil suits. It is alleged that the survey^proceedings were initiated without notice and due process, and were carried out at the instance of unofficial respondents who have no lawful claim^{over the} lands.

¶133

Writ Petition No.41956 of 2022 is filed seeking a direction^{to the} official respondents to consider the^{petitioner's oniine applicationand} representations, and to cancel the^{Pattadar Passbooks allegedly issued} in favour of respondent Nos.6 to^{8 over the lands in Sy.Nos. 16O5and} 1606 of Arutla Revenue Village. The^{petitioner contends that despite his} objections and the pendency of civil^{disputes, the passbookswere} wrongly issued, ald the authorities^{have faiied to take any action on his} grievance.

¶134

Writ Petition No.34521 of^{2024 is hledseekingto declarethe} action of Resppndent^Nos.3 to^{7 in not conductingSurvey and hxing} boundaries to the^lands in^{SurveyNos. 1605, 1606 and 1607, situated} at Arutla Village,^{ManchalaMandal, Ranga Reddy District, as illegal,} arbitrary and violative^{of Articles14 and 2I of ttre constitutionof India} and consequently,^{prayed this Court to direct the RespondentNos'3 to} 7 to conduct Survey, demarcate^{and ltx the boundarystones to t1.e said} Iands.

¶135

,,,,

¶136

,,/,

¶137

Writ Petition No.34521 of 2024 is taken up as a leacring case to decide the lis in this batch of cases

¶138

It is stated that petitioner No.1 is the owner and p,ossessor of agricultural landri admeasuring Ac.O-18 gts in Sy.No.1606/A, Ac.0-39 gts'in Sy.No.1605/AA, Ac.O-O2 gts in Sy.No. 1607 lAA, Ac.tl-O2 gts in Sy.No.1607lAA2, Ac.O-38 gts in Sy.No.1605/AA2, Ac.0- 8.5 gts in Sy.No.160/42, total admeasuring Ac.2-37.5 gts situateo at Arutla Village, Manchala Mandal, Ranga Reddy District, having purchased the same under regislered sale deeds. It is further stated that thLe petitioner No.2 is the ownr:r' and possessor of agricultural lands ailmeasuring Ac.0-37 gts in S1'.No.16O5 and Ac.0-23 gts in Sy.No.76t)7 /8, total admeasuring Ac.I -20 gts situated at Arutla Village, Manch;,rla Mandal, Ranga Reddy District. It is the case of the petitioners that ti e unofficial respondents i.e, Respondents Nos.8 to 15, who have no right, title, interest, or possession over the properties in Sy.Nos. 1605, 16O6, and 1607 situated at A:utla Village, Manchal Mandal, Ranga Reddy District, have been attempl ing to interfere with the peaceful possession of the petitioners by se--ting up false claims. Therefore, the petitioners submitted an appl,cation to the Respondent No.4-Tahsildar seeking to conduct and hx lxrundaries in the subject lands. In resporLse, notices were issued on multiple occasions i.e., lO.O2.2O2l, ..5.O7 .2021, 3O.O7.2021 and 1!,.O8.2O21, to the neighbouring landowners includins

the unofficial respondents. However, due to their non-cooperation and deliberate obstruction, the survey could not be carried out.

¶143

It is further case of the petitioners that the unofficial respondents, in furtherance of their false claims, got issued legal notices rlated 16.02.2021 and 28.07.2021 to the Tahsildar through their counsel, asserting ownership and possession in the subject lalds on the basis of inheritance and claimed mutation entries in their favour and they also sought to restrain the survey by citing pendency of civil suits i.e., O.S.Nos.217, 218, 221, 23O, 268 and 269 of 2O2O, which, according to the petitioners, have no bearing on the lands in question. The petitioners also instituted O.S. No.349 of 2O2l on the file of the Principal Junior Civil Judge, Ibrahimpatnam, seeking perpetual injunction against the unofficial respondents and obtained an order of status quo in I.A. No.783 of 2027 dated 15.09.2021. It is stated that the unofhcial respondents have hled several suits vide O.S. Nos.2O4 to 21 1 of 2O2l seeking declaration of title and perpetual injunction over lands which are not ielated to the petitioners' properties. It is further stated that the unofficial respondents frled W.P.Nos. 13909, 14093, 14156, 14260, LO33l and 41956 of 2022 on the file of this Court seeking directions not to conduct the survey in the subject lands on the ground that civil suits are pending. It is stated that subsequently, the petitioners hled an online appiication dated Oa.O2.2024 bearing Challan No.TTAODO224O0O59812 for conducting survey and fixation of

./"

boundaries of th. subject lands. pursuant thereto, notices, were issued by the respondent No.7 fixing the date of survey as 29.02.2024. However, the respondent No.6 i.e., Deputy Inspector of Surrrey, failed to conduct the sun.ery on the given date and instiad submitte,j a report to the. Tahsildar ciring objections raised by the private respondents and pendency of civil litigation. Aggrieved by the inaction of the revenue authorities, it is stated that the petitioners preferred an aprpeal on the frle of respondent No.S-Assistant Director, Survey and Land Records, Ranga Reddy Districr in File No.A3/ 346 of 2024. Despite a :iesh survey being schedulecl cn 19.04 .2024, the Deputy Inspector agerin .failed to conduct the surv'ey and instead submitted a report citing obstruction due to pending ci',jl cases.

¶148

The learned ,lounsel for the petitioners contended that there is no stay from anv corrrt restraining the conducing of survey of the subject lands and that the survey is limited to demarcation anc boundary fxation which does not touch upon ownership or title. It is further submitted that despite the petitioners fulfilling all form,,ilities, the official respondents havc failed to act in accordance with law and conduct survey and demarcation of the subject lands

¶149

On the other. hand, learned counsel appearing for Re.spondents Nos'S to 15 submitred that the subject rands are the subjecr matter of

¶150

I )

¶151

¶152

pending civil suits ald hence no survey should be undertaken during the pendency of such disputes

¶153

Considered the submissions of learned counsel for both^sidesand perused the record.

¶154

On perusal of the record and in view of the fact that^{no stay has} been granted by any Court restraining the conduct of^{survey of the} subject lands, and that the purpose of survey^{is only to demarcateiand} and hx boundaries and not to adjudicate^{title or possession,this Court} deems it appropriate to direc[ the^{official respondcntsto carry out the} survey of the subject lands.

¶155

It is settled Iaw that the Survey^{Department has the authority to} conduct survey and demarcate^{lands in accordance with the provisions} of the Telangana Land Revenue Act,^{1317 Fasli (Act No. MII of 1317} Fasli), the Telangana Survey^{and Boundaries Act, 1923,and the Rules} framed thereunder. The^{Government has issued variouscirculars} speciflring the^'conditions for^{conducting surveys, particularly F-Line} (freld measurement) surveys. Individuals^{requestingsuch surveysare} required to submit^{specificdocuments, and if the conditions stipulated} in the circulars are^{fulfilled, the surveyand boundary hxationmaybe} conducted. The Commissioner,^{Survey,Settlements and Land R€cords,} exercising powers under the^{TelanganaSurvey ald Boundaries Act,} 192!-z issued relevant circulars^{from time to timevide}

¶156

¶157

( I

¶158

Rc.No.N1/6543/9!t, dated 25.O7.2OO1, Rc.No.N1/14OBlt\7,^dated 13.O7 .2OO7 , and Rc.No.N2 / 174l /2OlO, dated^{18.05.201O r;tipulating} the conditions for conducting survey of private lands and 'rs^{per the} said circulars, if :he petitioners fullill all the-conditions cf^{the said} circular, it is an otrligation for the respondents to conduct^{sur vey within} the time specifrred in the said circulars.

¶159

In view of the above, this Court deems it appropriate to dispose of W.P. No.3452 7 of '),1)24 with a liberty to the petitioners to merke a fresh F-Line application enclosing all required documents. Upon mzrking such application, if the Jretitioners are found to have fulfilled all conditions -^{underthe circulars;mentionedaboveand also the provisions of the} I I T"l..rg..r. Rights in Land and Pattadar Pass Books Act, 2O2O, tlle ofhcial respondents shall issue notice to the respondent Nos.S to 8, adjacent pattadars ,lnd all the persons interested/ affec ted arrd conduct survey and demar<'aLtion of the subject lands within a period r:f eight(O8) weeks from the date of receipt of the application. In any event, if the petitioner has not hrlhlled the required conditions, the resporLdent No.4 shall pass reasoned order and communicate the decision ther eon to the petitioners.

¶160

In view of tl'rr: findings rendered in W.P.No.34521 of .2024, this Court is of the vievr that the relief sought in W.P.Nos.1O33. of 2O22, 139O9 of 2022, 7,+t)93 of 2022, 14156 of 2022, 14260 of ,2022, and,

¶161

41956 of 2022, seeking to restrain the official respondents from conducting the survey, cannot be graflted. If the petitioners are aggrieved by the conduct of survey in terms of the directions issued in w'P'No'34521 of 2024, or if any third parties interfered with. their possession, it is open to them to pursue their remedies before the competent civil court in the pending suits, in accordance with law.

¶162

Accordingly, these Writ petitions are disposed of.

¶163

As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

¶164

SD/-T. TIRUMALA DEVI EPUry REGISTRAR //TRUE COPYII SECTION OFFICER

¶165

¶166

1 . The Principal Secretary, Revenue D epartment, Secretariat Building,

¶167

Secretariat, Hyderabad, State of Tel angana.

¶168

1. the District Collector, Ranoa Reddv , Ranga Reddy District.

¶169

¶170

I he Revenue Divisional Ofricer, lbr6 District. nrmpatnam Division, Ranga Reddy

¶171

i,iii[*]!1,*AlSi,'tYfi^iffl 6. Assistant Director. Survei unJLini ^[18"18",,",,1?B,JL"i,,=,n",itt;;dh;;;" Reddy district. 7. Deputy tnspector of Surviry, toranimpit":J,.ihilis5 neddy district. 8. one cc to SRt RApor u 6HAsKidnj"".'ri" idFucf

¶172