Mushyam Kashinatham Vs the State of Telangana

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

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TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 26942 OF 2025

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Between:

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'1 . Mushyam Kashinatham, S/o Shiva Ramulu, Age- 56 years, Occ- Agriculture, Rl/o- H.no- B-75, Ellanthakunta Village and Mandal, Karimnagar District. 2. Mushyam [,4adhusudhan, S/o Jagannadham, Age- 57 years, Occ, Agriculture, Fl/o- H.no- 8-17, Ellanthakunta Village and Mandal, Karimnagar District. 3. Kankanala Prabhakar Reddy, S/o lvlalla Reddy, Age- 47 years, OccAgriculture, R:/o- H.no- 5-53/'1 , Ganmulda Village, Veenavanka Mandal, Karimnagar District.

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...PETITIONERS

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary, Revenue Dept. Secretariat, Hyderabad.

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The District Collector, Karimnagar District. Telangana State.

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The Asst. Director Survey and Land Records, Karimnagar Dislrict.

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The Deputy Inspector of Survey, Karimnagar District.

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The Tahsildar, Ellanthakunta village and Mandal, Karimnagar District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue one in direction Writ of Mandamus, declaring the in action of the Respondent No.3 not conducting the Survey in the Petitioner no.1 to 3 s land in Sy No.470lA/2,4641C11, 463/4 and 464lA12 to an extent of Ac- 0.29 gts, 0.22 gts, 1 .22 gts and' 0- 1 250 gts. , which are situated at Ellanthakunta village and Mandal of Karimnagar District is illegal. irregular and improper and violation of . principles of natural justice and also violative of Articles 14,21 and 300-4 of Constitution of lndia and consequently dispose the Petitioner no.1 to 3's manual applications a[ong with respective payment challan vide No. 6501125739, 6501125866 and 6501 1254820 dated 23/0612025

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Counsel for the Petitioners: SRl. BOOSA SHIVACHANDRA

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Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE

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The Court made the following: ORDER

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THE IIONOT]RABLE SRI JUSTIC]E K. LAKSHMAN

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WRII'PETITION No.26942 of 2025

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ORAL ORDER:

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Heard leamed counsel for the petitioners and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents.

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The petitioners herein are claiming that they are the absolute owners and possessors of the land admeasuring Ac.0-29 guntas, Ac.0-22 guntas, Ac.l-22 guntas and Ac.0-1250 guntas in Sy.Nos.470iA /2,4641C11, 4631A and 4641N2 respectively, situated at Ellanthakunta Village and Mandal, Karimnagar District. In proof of the same, they have filed copies of the latest passbook and title deeds. On the request made by Smt.Padi Durgamma and Sri Padi Laxma Reddy, and in compliance with the orders dated 20.09.2024 in W.P.No.25965 of 2024, the Joint Director, Survey and Land Records, conducted a survey on 31.05.2025.

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It is the specific contention of the petitioners herein that the Joint Director conducted the survey without putting the petitioners on notice or affording them an opportunity. The same is in violation of the principles of natural justice as well as the circulars

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2

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issued by Chief Commissioner of Land Administration (CCLA) ftom time to time regarding the conduct of surveyq, Aggrieved by the survey conducted on 31.05.2025 and the panchanama dated 12.06.2025 of the Joint Director, Survey and Land Records, Karimanagar, the petitioners preferred appeals bearing Challan Nos.6501 125739,6501 125866 and 6501 125820, dated 23.06.2025. Despite receiving and acknowledging the said appeals, respondent No.3 is not disposing of the same in accordance with law. Aggrieved by the said inaction of respondent No.3, the petitioners filed thc present writ petition.

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Whereas, the learned Assistant Govemment Pleader for Assignment, on instructions, v,rould submit that respondent No.3 will dispose of the appeals filed by the petitioners strictly in accordance with law, by putting the petitioners, Smt.Padi Durgamma and Sri Padi Laxma Reddy and all interested parties on notice and affording them an opportunity.

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ln the light of the aforesaid discussion, this Writ Petition is disposed of in the absence of Smt. Padi Durgamrna and Sri Padi Laxma Reddy, directing respondent No.3 to consider the appeals filed by the petitioners vide Challan Nos.6501125739,

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6501125866 and 6501t25820, dared 23.06.2025, and pass appropriate orders strictly in accordance with law, by putting the petitioners, Smt.Padi Durgamma and Sri padi Laxma Reddy and all interest parties on notice and affording them an opportunity. However, he shafl complete the said exercise within a period of Ninety (90) days ffom the date ofreceipt ofa copy ofthis order. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall

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stand closed.

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SD/- A. JAYASREE . I ASSTSTANT REGTSTRAR I

//TRUE COPY'

SECTION OFFICER

To,

"l . The Principal Secretary Revenue Dept., State of Telangana, Secretariat, Hyderabad.

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2 The District Collector, Karimnagar District. Telangana State.

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3 The Asst. Director Survey and Land Records, Karimnagar District.

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4 The Deputy lnspector of Survey, Karimnagar District.

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5 The Tahsildar, Ellanthakunta village and Mandal, Karimnagar District. 6 One CC to SRl. BOOSA SHIVACHANDRA, Advocate IOPUCI 7 Two CCs lo GP FOR REVENUE, High Court for the State of Telangana. lourl 8. Two CD Copies CHR GJP ^'l^I

HIGH COURT

DATED:0910912025

ORDER

W.P.No.26942 of 2025

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