Thota Srinivas Vs The State of Telangana

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IN THE HIGH COURT FORTHE STATE OF^TELANG AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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WRIT PETITION NO: 1150 OF 2026

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Thota Srinivas, S/o.Kistaiah Aged about 26^years, Occ . Pvt. Employee Rl/o.H.No.5-71, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District.

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G.Gangakka @ Gangamma, Wo.Tirupathi Aged about 68 years, Occ Housewife R/o.H.No:5-66/4/2 Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District.

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P.Kondaiah, S/o.Ramaiah Aged about 63^years, Occ Ex-Employee Rl,/o.H.No.5-66/3, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District.

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P.Amrutha Bai, Wo.Kondaiah Aged about 56 years, Occ Housewife Rl/o.H.No.5-1000/19, Opp. IOC Pekol Bunk Naspur Village and Mandal, Mancherial District.

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R.Kishan, S/o.Rajaiah Aged about 55 years, Occ. Business^Rl/o.H.No.S- 66/3/4, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District.

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T.Pavan, S/o.Singaiah Aged about 40^years, Occ Pvt. Employee R/o.H.No.5-63/2, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District.

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T.Soundarya, Wo.Singaiah Aged about 58^years, Occ Housewife Rl/o.H.No.5-66/3, Opp. IOC Petrol Bunk Naspur Village and^Mandal, Mancherial District.

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Kondu Bheemaiah, S/o.Buchaiah Aged about 62^yeani, Occ^Employee R/o.H.No.5-7213, Opp. IOC Petrol Bunk Naspur Village and^Mandal, Mancherial District.

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"'PETITIoNER(S)

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

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

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The District Collector, Mancherial District.

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The Revenue Divisional Officer, Mancherial Revenue Division Mancherial, Mancherial District.

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The T,ahsildar, Naspur Mandal^{MancherialDistrict.}

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The Assistant^{Director of Survey, Mancherial, Mancherial District'}

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The Deputy lnspector^{of survey,Mancherial Division, o/o.RevenueDivisional} Officer Mancheiial, Mancherial^District.

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Gaielli Shanker,^{S/o.Bodaiah Aged Major, Occ . Business R/o'H'No'23-50,Sri} Sri'Na,lar Mancherial,^{Mancherial District.}

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...RESPONDENTS

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Petitiorr under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated in^{the affidavit filedtherewith,the High court may be} pleased to issue an appropriate writ,^{order or Direction,more iners particularly} one in the n:rture of writ^{of Mandamus, declaringthe actionof the Respondent} Nos.3 to 7 rnore especially^{RespondentNos.6 and 7 in interferingwiththe} petitioners house properties bearing H.No.5-71,^{No.5-66/4/2, No'5-66/3,No'S-} 1000/19, No.5-66/3/4, No.5-63/2,^{No.5-66/3 and NO.5-7213in Sv'No10211'} No.1O2l2 and No.1o2l3 situated^{at Naspur Village and Mandal, Mancherial District} under the^guise of issuing^{the impugned proceedingsby the 7th respondentin} Rc.No.B1/Dy.losl55l2O25, dL.O|.12.2025^{for conducting enjoyment survey from} 08.12.2025 to^{'1O.12.2025(Adjournedto unspecified date)or any other dates as} illegal, arbitre ry, unconstitutional,^{contrary to the provisions of Surveyand} Boundary Act and consequently^{by setting asidethe lmpugned Proceedings of the} 7th respondent in Rc.No.B1/Dy.losl55l2O25,^{dt-O1.12.2025,direct the Respondent} Nos.3 to 7 nct to interfere with^{the peaceful possessionandenjoymentof the} petitioners house properties bearing H.No.5-71,^{No.5-66/4/2, No.5-66/3'No 5-} 10OO/19, No.5-66/3/4, No.5-63/2,^{No.5-66/3 and NO.5-7213in Sy.No102/1'} No..l0212 and 1'.1o.102/3 situated at^{Naspur Villagje and Mandal, Mancherial District} under the^guise of conducting^{enjoyment survey, in the interest of justice'}

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:1OF

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Petition^rtnder section^{"151 CPC praying that in the circumstances statedin} the affidavit filed in support^{of the petition, the Highcourt may be pleased to direct} the Responderrt^{Nos.3 to 7 not to interferewith the lawfulpossessionand} enioyment of fl.re^{petitioners house properties bearing H.No.S-71, No.S-661412,} No.5-66/3, No.5-1000/19,^{No.5-66/3/4, No.5-63/2, No.5-66/3 and NO5-72/3 in} Sy.No.102/1, No.1O2l2^{and No.'102l3situated at Naspur Villageand Mandal'}

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-/

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Mancherial District under the^guise of conducting enjoyment^{survey, pending} disposal of the above writ^petition.

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lA NO: 2 OF 2026

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Petition under Section 151 CPC^praying that in^{the circumstances statedin} the affidavit filed in support of the^{petition, the HighCourt maybe pleased to Stay} all further^proceedings including conducting^{of Survey pursuantto the lmpugned} Notice issued by the 7th Respondent in Rc.No.B1/Dy.losl55l2O25,^{dL.O1.12.2025} in Sy.No.102 of Naspur Village and Mandal, Mancherial^{Dishict, pending disposal} of the above writ^petition.

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Counsel for the Petitioners: SRI^M. JANARDHAN^RAO

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Counsel for the Respondent Nos.1^{to 7: SRI L' RAVINDER,} AGP FOR REVENUE

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Counsel for the Respondent No.8:^{SRIVADLAKONDARAVI KUMAR REDD}

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The Court made the following: ORDER

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II t

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE T':ONOURABLE SRI JUSTICE E.V.VENUGOPAL

W.P.No.115O of 2O26

Date: 09-0l-2026

Between:

Thota Srinivas and seven others

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.petitioners

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AND

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The State of Telangana, Rep. by its Principal Secretar5r, Revenue Department, Secretariat, Building, Secretariat, Hyderab;a,d and seven others.

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respondents

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ORDER:

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When the matter is taken up for hearing, Sri M. Janardhan Rao, learned counsel for the petitioners, Sri

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L. Ravinder, learned Assistant Government Pleader for

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Revenue, appearing for the respondent Nos.l to 7, and Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the respondent No.B, would submit that the issue raised in this writ peti:ion is squarely covered by the order, passed by this Court in W.P.No.4O777 of 2025, dated 05-0I-2O25

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EVV,J WP No.ll50 of 2026

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This Court while disposing of the said Writ Petition, directed the 7tt' respondent-The Deputy Inspector of Survey, Mancherial Division, Mancherial, Mancherial District, to issue notice to the petitioners therein, consider the objections, if any, to be filed by them in respect of 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. L982O of 2025 dated |O-O7-2O25.

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ln 3. Therefore, following the order passed W.P.No.4O777 of 2025, dated O5-Ol-2O25 and for reasons alike, this writ petition is also disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall

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stand closed.

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SD/-C.DEEPIKA
STANT REGISTRAR

//TRUE COPY//

SECTION OFFIGER

To,

Principal. secretary.The state of rerangana, The Revenue Department Secretariat, Hyderabad.

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

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The District Collector, Mancherial District.

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4- The Revenue Divisional Officer, Mancherial Revenue Division Mancherial Mancherial District.

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The Tahsildar, Naspur Mandal Mancherial District.

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The ,Assistant Director of Survey, Mancherial, Mancherial District.

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The l)eputy lnspector of Survey, Mancherial Division, O/o.Revenue Divisional Offic,ar Mancherial, Mancherial District.

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One CC to Sri M. Janardhan Rao, Advocate IOPUCI

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Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

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One^rlc to Sri Vadlakonda Ravi Kumar Reddy, Advocate[OpUC]

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TJ

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1 1 . Two^(lD Copies

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Along with the copy of the date 05-01-2025 in W.P. 40777 ol 2025

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,,i l1! &-r 6g&,:j&I:;..

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HIGH COURT

=i i0914112026

n RDER.

.No.115 I of 2026

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t THE S
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o=., 11fr?|1!fr

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DISPOSING OF THE WRIT PETITION WITHOI',T COSTS

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IN THE HIGH COURT TOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

UI.P.N of 2025

Date: O5-0l-2026

Between:

Madasi Komuraiah and eleven others.

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petitioners

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AND

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The State of Telangana, Rep. by its Principal Secretar5r, Revenue Department, Secretariat, Building, Secretariat, Hyderabad and seven others.

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respondents

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CTIIDTSIiI

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This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:-

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"to declare the action of the Respondent Nos.3 to 7 more especially Respondent Nos.6 and 7 in interfering with the petitioners house properties bearing H.No.5-66l8, No.5-66/3/2, No.5-66l7, No.5-66l3/3lNl, No.5-6615, No.5-81/4/1, No.58ll4l2,No.5-68/5/4/1, No.6-76l3, No.6-2519, No.5-68t31 Nt arrd No.5-66l5/1 situated in Sy.No.102, No.102/l and No.102/2

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EVV,J W.P.No.40777 of 2025

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Irlaspur Village and Mandal, Mancherial District, under the guise r,f issuing the impugned proceedings by the respondent in Flc.No.Bl/Dy.los/5512025, dt.01.12.2025 for conducting enjoyment survey from 08.12.2025 to 10.12.2025 (Adjoumed to unspecified date) or any other dates as illegal, arbitrary, unconstitutional, contrary to the provisions of Survey and Bcundary Act and consequently by setting aside the impugned Proceedings of the 7th respondent in Rc.No.Bl/Dy.los/55/2025, 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.5-66l3/2, No.5-66/7, No.5-6613/3lNL, No.5-66l5, No.5-81/4/1, No.5-81/4/2, No.5-68/5/A/1, No.6-7613, No.6-2519, No.5-68/3/A/l and No5-66/5/1, situated in Sy.No.l02, No.l02ll and No.l0ll2 Na:rpur Village and Mandal, Mancherial District under the guise of c'onducting enjoyment survey, in the interest of justice and to passr such other order."

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Heard Sri M. Janardhan Rao, learned counsel for the ,fetitioners, Sri L. Ravinder, learned Assistant Governm,:nt Pleader for Revenue, appearing for the responderlt Nos.l to 7, and Sri Vadlakonda Ravi Kumar Reddy, leilrned counsel for the respondent No.8. Perused the mater::al available on record.

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Learned counsel for the petitioner would submit ttrat the petitioners are the similarly placed

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EW,J W.P.No.40777 of 2025

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persons as that the persons who were issued impugned notice in Rc.No.B 1/Dy.los / 5512025 dated OL-72-2O25, wherein it was informed that the purported survey is being contemplated to survey the land in question on O8-L2-2O25 to LO-L2-2O25 (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 of 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 further submit that the petitioners are the bona _fide^{purchasers and have been inpossessionof the} property in question for a long time. In the absence of petitioners, granting an opportunity of their presence in the purported survey or by filing necessary objections to the said survey, the petitioners' valuable rights will be defeated:

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Learned counsel for the petitioners would further submit that the survey conducted as against the

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EVV,J W.P.No.40777 of 2025

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order of this Court in W.P.No. L982O of 2025 dated LO-O7-.2O25, wherein there was a direction to the resporrdent No.7 herein to act upon the pending appeal and pass appropriate orders within a period of six weeks. Pursuant to the said direction, the impugned notice has been irssued. Further, along with the petitioners, some of the other land owners have also not been issued the impugned notice. Therefore, he submits that the petitio:ners ought to have issued notice and without issuinll any notice to the petitioners and without taking into ttre objections from the petitioners, if the survey is conducted, the petitioners put to be a great loss, hence, he seel<s to pass appropriate orders.

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Learned Assistant Government Pleader for Revenue appearing for the official respondents would submit that the impugned notice was issued in accord;ence with the orders passed by this Court in W.P.Nc'.l9B2O of 2025 dated 1O-O7-2O25. If any further survey is conducted in respect of the Sy. No.1O2 situated in Naspur village and Mandal, Mancherial District, then a

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EVV,J W.P.No.40777 of2025

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notice will be issued to all the concerned and necessar5r enjoyment survey would be conducted in terms of the circular instructions issued by the Commissioner, Survey and Land Records, from time to time and hence, seeks to pass appropriate orders.

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Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the respondent No.8 submits that the respondent No.8 has been issued instructions from the respondent No.3 to file vakalat to put-forth his contentions and therefore, he filed vakalat on behalfofthe respondent No.8. He further submits that no perversity 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 1O-07-2025, the purported survey was directed to be conducted and unless the survey has been conducted, 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 frling objections before the authorit5r concerned, approached

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EVV,J W.P.No.40777 off2025

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this Oourt, hence, the Writ Petition is premature and miscorrceived. He would further submit that since the noticers have been already issued, the question of issuing furthe.r notice to the petitioners does not arise Accorc.ingly, he seeks to pass appropriate orders.

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i'. In view of the above submissions made by the learne<l counsel for the respective parties, this Court is of the view that, since the petitioners are claiming that their Iand also forms part and parcel of Sy. No. 102 situated at Naspul Village and Mandal, Mancherial District, without expres:;ing any opinion on the merits or demerits of the Writ Pt:tition, the same can be disposed of by directing respon<ient No.7 to issue notice to the petitioners herein, consider the objections, if any, to be filed by them in respect of the purported survey, and thereafter take necess€.ry action in accordance with law and in terms of the ordr:r passed by this Court in W.P. No. 19820 of 2025, dated 13-07-2025.

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EVV,J W.P.No.40777 of 2025

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