Mande Bhadramma Vs The State of Telangana

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

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TUESDAY, THE FIRST^DAY OF^APRIL TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE C.V.BHASKAR REDDY}

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wRIT PETITION NO:9425 OF²⁰²⁵

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Between:

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Mande Bhadramma,^{W/o Srinu Aged 51 yearsrocq.Agric-ulture,H'No:..lQ-.1p,} f.\l"Vuf.rf uguO".^{Village, Sujathnagar Mandal, Bhadradri Kothagudem District}

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...PETITIONER

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AND

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The State of^{Telangana,rep by Principal Secretary, (Revenue) Secretariat,} Hyderabad.

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The District^{Collector, Bhadradri Kothagudem District, Kothagudem'}

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The Revenue^{Divisional Officer,Kothagudem division, Kothagudem} Bhadradri Kothagudem^District'

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The Tahsildar,^{Sujathnagar Mandal, Bhadradri Kothagudem District'}

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Linoam Radhamma,^{Wo Lakshmaiah,Aged} 99^{years, occ Housewife,Rl/o} " ft.f.lii"ii-iell , Nayakulagudem, Sujathnagar Mandal, Bhadradri Kothagudem District.

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Doooa Raiani,^{WoVeeraiah, Aged34 years,- occ'. House wife,Ri/o H'No 91-} " 3;f : t-eiin f'lagar, Manuguru Village and- Mandal, Bhadradri Kothagudem District.

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...RESPONDENTS

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petition under Article 226 ol lhe constitution of^{lndia praying that in the} circumstances stated^{in the affidavit filedtherewith, the High court may be} pleased to pass.an order^{or directionor writ in the nature of Manda/musduly} declaring the action^{of the respondents3 and 4 in attemptingto insert the private} respondents into^{the lands of the petitionerwho has valid Patta vide an extentof} Acers 1 .21, in^{Survey Number1551 ,situated at NayakulagudemVillage,} Sujathanagar Mandal,^{Bhadradri KothagudemDistrict underthe guise of survey} alleged to have^{conducted despite pendency of civilsuit for injunction filed by the} petitioners herein^{vide OS NO. 9112022on the file of Principal Junior CivilJude}

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&

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Court at Kothagudem, as illegal, arbitrary^{andhighhandednessand againstthe} principles of natural^justice and consequently, direct the respondents^{not to} interfere with the^{peaceful possession} and enjoyment^{of the petitioners land to} an extent of Acers 1.21 , in Survey^{Number 1551, situatedat Nayakulagudem} Village, Sujathanagar Mandal, Bhadradri Kothagudem^{Districtin the interestof} justice.

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lA NO:.'f OF 2025

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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 pleasedto} direct the respondents not to interfere with the^{peaceful possessionand} enjoyment of the^petitioners land to an extent^{of Acers1.21} ,^{in Survey Number} 1551, situated at Nayakulagudem Village, Sujathanagar^{Mandal, Bhadradri} Kothagudem District in the interest of^justice.

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Counsel for the Petitioner: SRI P.RAMA SHARANA SHARMA

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Counsel forthe Respondent No.1 to 4: AGP FOR REVENUE

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Counsel for the Respondent No.5 & 6: SRI R.R.KALYAN

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The Court made the following: OROER

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.9425 of 2025

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ORDER:

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The present writ petition is hled seeking to deciare the action of respondent Nos.3 and 4 in attempting to induct the private respondents into the land of the petitioner admeasuring Ac. 1 .31 gts., in Sy.No. 1551, situated at N.ayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District, under the guise of conducting survey pending adjudication of civil suit uide O.S.No.91 of 2022 on the hle o[ Principal Junior Civil Judge, Kothagudem, as illegal, arbitrary and consequently prayed for other appropriatel reliefs.

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Considered the submissions of the learned counsel for the respective parties and perused the record.

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It is stated that the petitioner is the absolute owner and possessor of the agricuitural land admeasuring Ac.1.31 gts., in Sy.No.i551, situated at Nayakulagudem Village, Sujathanagar Mandal, Bhadradri Kothagudem District and her name is recorded in the revenue records and the revenue authorities have also issued pattadar passbook and title deed uide Passbook No.T2721OO3!997, khata No.3702 in respect of the subject property. It is further stated that she is also receiving various incentives sanctioned by the Government as investment subsidies for cultivation of the subject property. It is further stated that when respondent Nos.S and 6,

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2

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disputing the title and possession of the petitioner, made efforts to interfere and encroach into the land of the petitioner, the petitioner was constrained to institute a suit uide O.S.No.9 I of 2022 on the file of the Principal Junior Civil Judge, Kothagudem, (for short, ,the trial Court), against respondent Nos.S and 6 and the same is pending. The case of the petitioner is that respondent Nos.S and 6, has hled an application seeking to conduct survey in Sy.No.l550/ 1 and at the instance of respondent Nos.5 and 6, the respondent Nos.3 and 4, are interfering with her peaceful possession and enjoyment over the subject proper[r situated in Sy. No. 155 1 .

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l,earned counsel for respondent Nos.S and 6 has vehemently contended that respondent Nos.S and 6 have made an application seeking to conduct survey in Sy.No.1S50/1 and the survey authorities, after issuing notice to all the adjacent owners, conducted survey and also prepared a panchanama for rrxation of the boundaries. It is further stated that when the petitioner, disputing the said survey, is causing inconvenience, respondent Nos.5 and 6 have filed a counter claim in o.S.No.91 of 2o2r pending before the trial Court seeking declaration and consequential injunction. It is further contended that whire the suit instituted by the petitioner before the trial Court is pending and in the absence of any relief being granted by the trial Court, the petitioner is not entitled to hle the present writ petition and the same is therefore not maintainable.

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J

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Admittedly, there are civil disputes between the petitioner and respondent Nos.S and 6. While a suit uide O.S.No.91 of 2022 has been instituted by the petitioner before the triar court, a counter claim has been filed by respondent Nos.s and 6 and the suit is pending for adjudication. Therefore, if the petitioner is aggrieved with any action of the respondents, including that she is not satished with the survey being conducted, she is entitled to make an appropriate application in the pending suit. It is settled raw that when civil disputes are pending between the parties, filing a writ petition is not an appropriate remedy to resolve the inter se disputes with regard to classihcation and nature of the lands or the extent mentioned in the respective survey numbers.

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In view of the aforesaid discussion, this Writ petition is disposed of relegating the parties to resolve their disputes in the pending suit uide O.S.No.9 t of 2022 before the trial Court. pending adjudication of the said suit, respondent No.4_the Tahsildar is directed not to interfere with the suit schedule property of the petitioner, in any manner, except in accordance with law.

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As a sequel, miscellaneous appiications pending if any, shall

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stand closed. No costs.

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sD/-P. CH. NAGABHUSHAMBA DEPUry REG]STRAR //TRUE COPYII SECTION OFFICER 1 The Principal Secretary. (Revenue) Secreta Hyderabad, State of I elangana.

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To,

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