Ramakrishna Kurva Vs The State of Telengana

Gudise Venkatesh @ Venkataiah, S/o Gudise Pedda Linganna, Aged. 46 years Occ. Agriculture Fi/o H.No 1-22 Ammapally village N/'laganoor Mandal Narayanpet District

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Mrs Gudise Padmamma, W/o Gudise Venkataiah, Aged 39 years, Occ; Agriculture, R/o H.ltJ,o 1-22 Ammapally village Maganoor Mandal Narayanpet District.

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.....PETITIONERS

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AND

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The State of Telangana, Rep. by its Prirrcipal Secretary Revenue Department, Hyderabad.

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The District Collector, Narayanpet District.

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The Tahasildar, Maganoor Mandal, Narayanpet District.

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Mrs Sabemma Kurva, Wo Kurva Gopal, Aged 38 years, Occ; Agriculture, Rl/o.4-76 Ammapally village Maganoor Mandal Narayanpet District.

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.....RESPONDENTS

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Petation Under A(ich 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 order or d irection more particu{arly one in the nature of Writ of MANDAMUS By declaring the action of the Respondent No.3 in not conducting survey pursuant to F-iine petitions vide receipt No AA 18531169. with transactron lD No TTDER022501134376 on 3o,1112025 of petitioner No 1 in respect of agricultural land admeasuring Ac 0.26 guntas in Sy No 4O4l1l1l1l1l1l1l2l2 situated at Wadvat village shivar under Maganoor lvlandal Narayanpet District and

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F line petition vide receipt No AA 18531'171 with transaction lD NoTTDER022501 1 34384 on 30- l -2025 of Petitioner I'lo 2 in respect of Agricultural land admeasuring Ac 5.00 guntas in Sy No 4O4l11111111111l2l112 situated at Wadvat village shivar under Maganoor Mandal f\arayanpet District and F line petition vide receipt No AA^'1853'1 1 70 transaction lD No TTDER0Z2501 1.34377 on 30-1-2025 of Petitioner No :l in respect of land admeasuring Ac 5.00 guntas in Sy No. 404/1/11111111112,2 situated at Wadvat village shivar under Maganoor Mandal Narayanpet E istrict and also not considering the representations of the Petitioners 1 to 3; dated 29-5-2025 and 3Ol5l2O25 to the official respondents is illegal, arbitrary, violative of 4ft.14,21 and 300-4 of the Constitution of lndia and Consequently direct the Respondent No 3 to conduct Survey and fix boundaries of lands of the petitioners to the extent of Ac 10.26 guntas rn the said survey numbers situated at Wadvat village shivar under Maganoor l,landal Narayanpet District in pursuance of the F line petitions.

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|.A.NO:1 OF 2025

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Petition Under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petltion, the High Court may be pleased to direct the Respondent No 3 to conduct Survey and fix bourrdaries of lands of the petitioners to the extent of Ac 10.26 guntas in the said survt:y numbers situated at Wadvat village shrvar under fVaganoor Mandal Narayanpe District in pursuance of the F line peirticns

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Counsel for the Petitioners : SRI M.ANAND KUMAR

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Counsel for the Respondent Nos.1 to 3 : SRI L.RAVINDER AGP FOR REVENUE

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Counsel for the Respondent No.4 : -

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The Court made the following ORDER

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THE HON'BLE^{SRI JUSTICE IC LAKSHMAN}

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WRIT PETITION N^{0.20238of 2025}

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ORA L ORDER:

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Heard leamed counsel^{for the petitionersand} Mr.L.Ravinder,^{learned Assistant Government Pleader for}

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Revenue appearing^{for respondentNos.lto 3.}

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Petitioners are claiming^{that they are the absolute owners} and possessors of^{land admeasuringAcs.5.00guntasin} Sy.No.404/1/l llllllll/2lll2, Acs.5.00 guntasⁱⁿ

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Sy.No.404/l/l lllllllll2l2^{andAc-0.26 guntas in} Sy.No.404/l/l lllllllll2llll,^{situat€d at Vadwat Villagc'} Maganoor Mandal,^{NarayanpetDistrict. In proof of the same,} they have fited^{the copiesof latest pattadarpassbooks-cum-}

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title dceds and also sale^deeds.

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l. Petitioners have submitted^{threeF-lineapplicationsllrlc} reccipt Nos.AAl853ll69, AA1853ll7l^{and AAl853ll70} with transaction ID Nos.TTDER02250l^134376, TTDER02250ll34384 and^{TTDER022501134377,dated}

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2

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30.01.2025 with respondent No.3 with a r:quest to conduct survey and demarcation of the subject Droperty. Despite receiving and acknowledging the said applications, respondent No.3 did not act upon the same. Aggrieved by the said inaction of respondent No.3, petitioners filed the pres,:nt writ petition.

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Mr.L.Ravinder, learned Assistant Government Pleader for Revenue, on instructions, would submit that the petitioners filed O.S.No.8 ol'2025 on the file of the Principal Junior Civil Judge, Narayanpet, against respondent N,r.4 for perpetual injunction. Along with the said suit, they have filed an lnterlocutory Application vlde I.A.No.35 of 2025 seeking temporaly injurrction. Learned trial Court g ranted ad-interim injunction in Iavour of the petitioners restr rining respondent No.4 hercin litrrn interlering with the possession of the petitioners ovcr thc subject property. The said suit is pending and the said intcrinr order is subsisting. Therefore, petitioners have to approach the learned trial Court seeking appointment

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3

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of Advocate Commissioner to conduct survey^{with the help of}

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Surveyor of respondent No.3.

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As rightly contended by learned Assistant Govemment Pleader for Revenue, during^pendency of the^{suit,petitioner} can't seek survey from respondent No.3 by way of submitting t F-Line application. If there is any dispute with^{regard to} identihcation ofthe said^property orphysical^{featuresare to be} noted, he has to file an application under Order XXVI^Rule9 of C.P.C. in O.S.No.S of 2025 seeking appointment^of

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I

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Commissioner. It is for the trial Coud to decide^{the same.}

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In the light of the said submission, notice^{to respondent} No.4 is dispensed with. This Writ Petition^{is disposed of} granting liberty to the petitioners to approach the learned^trial Court fbr appointment of an Advocate^{Commissionerto} conduct survey with the help of Surveyor of^{respondent No.3} On filing ol the said application, it is for the^{learned trial Court}

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to consider the same, and dispose it of^{in accordance with law-}

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4

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t

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Miscellaneous applications, if any pendi,tg, shall stand

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closed. There shall be no order as to costs

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sD/- A.r{ S.G OWRI SHANKAR dlrnNT REGISTRAR //TRUE COPY// f"