Telangana High Court

WRIT PETITION 23747 oF 2020 on 30 December 2020

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

MONDAY, THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION NOS: 23747 OF 2020 AND 27671 0F 2021

wP NO.23747 oF 2020:

Between:

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1. Dr. J. Pramod Reddy, S/o. Sri Ram Reddy, Aqed about 60 years, Occ.Doctor, R:/o. H. No. 4-5-83. lrr'lahaboobabad M6;daiand District.2. Smt. J. IVanjula, W/o. Dr. J. Pramod Reddy, Aged about 52 years, Occ.Housewife, R/o. H. No. 4-5-83, New Abadi, Mahaboobabad Mandal andDistrict....PETITIONERS

AND

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.Secretariat, Hyderabad.2. The District Collector, IVlahaboobabad, Mahaboobabad District.3. The Tahsildar, lVlahaboobabad l\rlandal, Mahaboobabad District. (erstwhileWarangal District).3. The Tahsildar, lVlahaboobabad l\rlandal, Mahaboobabad District. (erstwhileWarangal District).4. The Mandal Surveyor, A/ahaboobabad Mandal, Mahaboobabad Diskict(erstwhile Warangal District).The Mandal Surveyor, A/ahaboobabad Mandal, Mahaboobabad Diskict(erstwhile Warangal District).5. The Assistant Director, Survey and Land Records, Mahabubabad District.6. Sri. Bhukya Srinu, S/o. Sri_ Bheema, Aged about 35 years, Occ. Agriculture,RJo. Veeraram Thanda, Shanigapuram Village, Maheboobabad Mandal andDistrict.6. Sri. Bhukya Srinu, S/o. Sri_ Bheema, Aged about 35 years, Occ. Agriculture,RJo. Veeraram Thanda, Shanigapuram Village, Maheboobabad Mandal andDistrict.7. Sri. Bhukya Lakya, S/o. Late Bhukya Valya, Aoed about 65 years, Occ.Agriculture, R/o. Veeraram Thanda, Shanigapuram Village, MahaboobabadMandal and District- ...RES'oNDENT.Agriculture, R/o. Veeraram Thanda, Shanigapuram Village, MahaboobabadMandal and District- ...RES'oNDENT.

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ or order or direction, more particularly, onein the nature of Wril of Mandamus, declaring the action of the 4th Respondent,in issuing the impugned notice dt.'1 5/1212020, as arbitrary, illegal, high-handed,violative of Article 14 of Constitution of lndia, and consequently, set-aside thesa me (Prayer is amended as per Court Order dated 30.12.2020 in LA.No.2 of 2O201

Petition under Section 151 cPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased tostay all further proceedings, pursuant to the Notice dt.'1 5/12l2020, issued by the4th respondent, pending disposal of the above writ petition lA NO: 1 OF 2o21:

Between:

1Sri Bhukya Srinu, S/o. Sri. Bheema, Aged about 35 vears. Occ. Aoriculture.Rt/o. Veeraram Thanda, Shanigapuram Village, Mahdboobabad VinOit ircjDistrict.Rt/o. Veeraram Thanda, Shanigapuram Village, Mahdboobabad VinOit ircjDistrict.2Sri. Bhukya Lakya, S/o. Late.Bhukya Valya, Aged about 65 years, Occ.Agriculture, R/o. Veeraram Thandd, Shanigapiram Village, fu aha'boobabaOMandal and District.Sri. Bhukya Lakya, S/o. Late.Bhukya Valya, Aged about 65 years, Occ.Agriculture, R/o. Veeraram Thandd, Shanigapiram Village, fu aha'boobabaOMandal and District.

....PETITIONERS/RESPONDENTS 6 & 7

AND

Ipr .L e19m9p.F"O.dy,_S/o. Sri. Ram Reddy, Aged about 60 years, Occ.Doctor, R/o. H. No.4-5-83, Mahaboobabad tVlindaland District.Doctor, R/o. H. No.4-5-83, Mahaboobabad tVlindaland District.2Smt. J..Man1ula, Wo. Dr. J. Pramod Reddy, Aged about 52 vears. Occ.Housewife, Ryo. H. No. 4-5-83, New Abadi, tvl5haboobabad Manoif inJDistrict.Housewife, Ryo. H. No. 4-5-83, New Abadi, tvl5haboobabad Manoif inJDistrict.3The State of.Telangana, Rep by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.Secretariat, Hyderabad.

4The District Collector, Mahaboobabad, Mahaboobabad District.The District Collector, Mahaboobabad, Mahaboobabad District.5The Tahsildar, tt/ahaboobabad Mandal, Mahaboobabad District. (erstwhiteWarangal District).Warangal District).uThe Mandal Surveyor, Mahaboobabad Mandal, Mahaboobabad DistrictMandal Surveyor, Mahaboobabad Mandal, Mahaboobabad District(erstwhile WarangaI District).7The Assistant Director, Survey and Land Records, MahabubabadD,jSi.J.*r, Petition under Section 151 cPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pteased tovacate the interim order passed by this Honble court lN l-A.No.1 of 2o2o inwP.No. 23747 of 2o2o d1.3011212o20 and consequenfly dismiss the writ petitionwith exemplary costs in the interest of justice and equity Counsel for the Petitioners: SRI KRISHNA REDDY PUTTA

Counsel for Respondent Nos. 1 to 5: Gp FOR REVENUE

Counsel for Respondent Nos. 6 & 7: SRI V. RAVI KIRAN RAO, SENIOR COUNSEL FORSRI V. ROHITHSRI V. ROHITH

WP NO: 27671 OF 2021

Between:

Bhukya Bheema, Sio Valya, Aged about 73 years, Occ. Agriculture, Rl/o 3-91/1 , Veeraram Thanda, Sanigapuram village, IVahaboobabad Mandal,91/1 , Veeraram Thanda, Sanigapuram village, IVahaboobabad Mandal,Ivlahaboobabad District ..pETrroNER..pETrroNER

AND

1. The Stale of Telangana, Rep. by its Principal Secretary, RevenueDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.

2. The District Collector, Mahaboobabad District, Mahaboobabad.

3. The Revenue Divisional Officer, Mahaboobabad.

4. The Tahsildar, Mahaboobabad Mandal, Mahaboobabad.

5. The Assistant Director, Survey and Land Records, Mahaboobabad District- Petition under Article 22G of the Constitution of tndia ;;$t^tr"3)i,:-J:circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Order or Direction, more so, a Writ in the nature ofIvlandamus, by declaring the inaction of the respondents not conducting thesurvey in respect of lands in Sy.No.275, 278 and 279, at Sanigapuram village,Mahaboobabad lVlandal, in spite of notice to conduct the survey is given to thepetitioner and others as illegal, arbitrary, unlawful and consequently to direct therespondents to conduct the survey in respect of the above said lands without anyfurther delay

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondents to consider for conducting the survey in respect of thein the affidavit filed in support of the petition, the High Court may be pleased todirect the respondents to consider for conducting the survey in respect of thelands in Sy.No-275, 278 and 279, at Sanigapuram village, MahaboobabadMandal, during the pendency of the above writ petition and lA NO: 4 OF 2O21:

Between:

The Assistant Director, Survey and Land Records, [Vlahabubabad District.....PETITIONER/RESPONDENT NO.5....PETITIONER/RESPONDENT NO.5

AND

'1 . Bhukya Bheema, S/o Valya, Aged about 73 years, Occ. Agriculture, Fl/o 3-91/1 , Veeraram Thanda, Sanigapuram village, Mahaboobabad Mandal,lt/ahaboobabad District' ....REspoNDENT,uRrr [pETraoNER ]No. [1]. Bhukya Bheema, S/o Valya, Aged about 73 years, Occ. Agriculture, Fl/o 3-91/1 , Veeraram Thanda, Sanigapuram village, Mahaboobabad Mandal,lt/ahaboobabad District' ....REspoNDENT,uRrr [pETraoNER ]No. [1]

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

3. The District Collector, Mahaboobabad District, Mahaboobabad.

4. The Revenue Divisional Officer, Mahaboobabad.

5. The Tahsildar, Mahaboobabad Mandal, ,4ahaboobabad_

RE s [poN ]D E N rs r ro o o*.'ni3it^i."#?El[tiPARTIES IN THIS PETITION

Petition under Section 47, rule 1 of CPC praying that for the reasonsstated in the Memorandum of grounds filed in support thereof, the High Courtmay be pleased to review the orders dated 05.12.2021 in W.P.No.27671 of 2021may be pleased to review the orders dated 05.12.2021 in W.P.No.27671 of 2021

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of lhe petition, the High Court may be pleased tostay the operation of the orders in W.P.No. 27671 of 2021 dated 0511112021pending disposal of the Review ApplicationCounsel for the Petitioner: SRI G. VASANTHA RAYUDU

Counsel for Respondents: GP FOR REVENUE

The Court made the following: ORDER

THE HON,BLE SRI JUSTICE [MUMMINENI ][SUDHEER KUMAR]WRIT PETITION Nos.23747 oF 2020 [AND ][27671 ][OF ][2A2l]COMMON ORDER:

Writ Petitior-r No.2374''/ ot 2Lt'2O is [filcd ][qtre:;tionii'g ][the]notice, dated 15.12.2O2O, issuecl [by rcspondcnt No.'l ][intimating]the petiLioners and others that [a ][sul-vey ][would ][bc collclucted ][on]18.12.2O2O at i0:30 A.M. Ibr [the ][lands ][situatecl ][in ][Sy.Nos.275,]'278 arrd 279 by thc DepuLl' Insprector ol Survcy ,lnd theAsriistant Diri:cior of Survcy and [l-and ][Records, ][Mahabubabad.]2. A co-ordin"ate Bench of this [(lourt ][grantcd ][intcrirn ][stay ][of]r-rpcration of the impugned rloticc, b1' [arl ][orcler, ][dated]30.12.'2O2O, seekinq [vacatiot't ][o{ tlre ][saicl irrlt't'im ][stay.]Itespondent Nos.6 and 7 [filcd ][counter ][affidavit ][ot'29.O1.2Q21]along with vacate [peLition, ]anrl [aL ][thaL stagc, ][thc ][fathcr ][of]:-esponclent No.6 filcrl Writ Pctition [llo.27 ][67 ][1 ][c'f ]['2O2. ][i ][1o ][cleclarr:]l.he inac[ion of t]tc rcsl:ttrtclettts in collducting [sul-vi ]\ [in ][resl)ect]of the lands situated in 51'.Nos.275, [278 ][zind ][279 ][of]Shernigapuram Villaly;c, Mahabubaba ci [lvl ]andal [and ][Di ][st.rrct, evetl]:rftcr issuing notice [,-o ]cortrluct :iurv(rr-, as illegal [:rud ][zrrbitr:tty]

3. The said Wrir- Pcti'.ion [rvas ]oliginalllr [dispos;t:cl ][ef ][ll1' ][:r]cc-ordinate Bench of this Court, [,,, [z1n ]ordr:r, datcd [0*<.11.'2021,]clirecting thc respondcnl.s lhcrcilt t() comple [t(l ][Lhc ][sutvel o[ ][thl:]

\NV

subject lands pursuant to thc notice already issucd by themwithin a period of eight (08) rveelis from the clate of receipt of acopy of the said order. ['I'he ]petitioners l-rerein hled a reviewapplication being Revierv LA.No.3 of 2021, while seeking leave tohle the said revieu, and the said rcview application was allowedand the Writ Pctltion was rcs[ored on to thc file of this Court bywithin a period of eight (08) rveelis from the clate of receipt of acopy of the said order. ['I'he ]petitioners l-rerein hled a reviewapplication being Revierv LA.No.3 of 2021, while seeking leave tohle the said revieu, and the said rcview application was allowedand the Writ Pctltion was rcs[ored on to thc file of this Court byrecalling the order, datcd 05.11.2021. Accordingly, both theWrit Pctitions arc listed bcfore tl-ris Court, lteard together andare being disposeC of b1, this common order.4. For thc sakc of conveniencc, the parties arc referred to asWrit Pctitions arc listed bcfore tl-ris Court, lteard together andare being disposeC of b1, this common order.4. For thc sakc of conveniencc, the parties arc referred to asper their status in Writ Pctition No.23747 of 2O2O.5. Petitioner Nos. I and 2 claims to be the absolute ownersand possessors of various extents of land situated in5. Petitioner Nos. I and 2 claims to be the absolute ownersand possessors of various extents of land situated inSy.Nos.278, 279, 2at and 280 of Sharrigapuram Village,Mahabubabad Mandal ancl District, having purchased the sarneunder various registercd salc deeds during the years 2OO7 to2O I I . Thc impugned noticc rvas issued proposing to conductsurvey of the lands situated in Sy.Nos.275, 228 and 229 ofShanigapuram Villagc, Mzrlrabubabad Mandal and District, atthe instancc o[ respondcnt Nos.6 and 7 herein. The said noticeMahabubabad Mandal ancl District, having purchased the sarneunder various registercd salc deeds during the years 2OO7 to2O I I . Thc impugned noticc rvas issued proposing to conductsurvey of the lands situated in Sy.Nos.275, 228 and 229 ofShanigapuram Villagc, Mzrlrabubabad Mandal and District, atthe instancc o[ respondcnt Nos.6 and 7 herein. The said noticewas questioned on the ground that there were successivesurveys alrcady conducted I;r, thc authorities concerned andsurveys alrcady conducted I;r, thc authorities concerned andreports arc also available in that rcgard and as such there is no \

necessity to conduct survey once again. Another ground onwhich the impugned notice is challenged is that respondentNos.6 and 7 have no land in Sy.Nos.278 and 279 and they arenot in possession of any piece of land in the said surveynumbers. According to learned counsel for the petitioners,respondent Nos.6 and 7 herein along with the petitioner in WritPetition No.27671 ot 2021, have earlier filed various civil suitsvide O.S.Nos. l90 of 2012, 54 of 2013, and 20 of 2013 and thesaid suits rverc dismissed by the concerned Courts in respect ofthe lands situared in Sy.Nos.275, 276 and 279 and repeatedcomplainls wcre also lodged before the Telangana StateCommission for Schcduled Castes and Scheduled Tribes (forshort 'the Commission ) and also before the Lokayukra ancl inthe said proceedrngs, lhe rcports were submitted by respondentNo.2 stating that resporrdcnt Nos.6 and 7 are not in possessionof land in thc s:rid survcl. numbers. [t is also contended that thecivil suits vide O.S.Nos.3O of 2O2O and 67 of 2O2O, were filed onthe file of thc Court of the Principal Junior Civil Judge,Mahabubabad, sccking declaration of title and recovery ofpossession in rcspect of thc lands situated in Sy.Nos.278 and279, admeasurinq Acs.8-O I gts., and Acs.5.38 gts., respectivelyand the said suirs erre pending for adjudication. Thus, it iscontended that rhe clispute is alrcady ceased of by competent

Civil Court in respect of the iand situated in Sy.Nos.278 and279. Any action on the part of the respondenL authorities rnproposing to conduct survey in respect o[ the lands, which arenot in possession of respondent Nos.6 and 7, is not permissiblcunder lau.. Learned counsel for the petitioners has also drau,nthe attention of this Court to the rcports submitted by theDistrict Collector to the Lokayukta as well as to the Commissionand also certain hndings recorded by the competent Civil Courtr.r,hile dismissing the suits filed in respect of the subject propertyby thc petitioner in Writ Petition No.27671 of 2O2l and others.6. On the other hand, Sri V.Ravi Kiran Rao, learned ScniorCounscl appearing for respondent Nos.6 and 7, submitted rhatthc impugned notice came to be issued by considering tl'rc factthat I here is a contradiction in the reports submitted by thcMandal Surveyor on the previous occasions and by considcrrngthc said fact, the Rcvenue Divisional Ofhcer-Mahabubabad (forshort 'RDO'), having considered the report of theTahsildar-Mahabubabad, dated 23.1O.202O, stating that rhesurvey reports submitted by the Mandal Surveyor at clifferentpoint of timc are contradictory to each other through letterbcarir.rg Rc.No.E/ 136l/2O2O, dated 13.ll.2O2O and dircctedthe Assistant Director of Survey and I,and Rccords and thcDeputy Inspector of Survey, Mahabubabad, to conduct survey of the lands situated in Sy.Nos.275,278 and 279, for the purposeof submitting the report to the Commission and it is pursuantto the said letter, impugned notice came to be issued. Thus, it iscontended by Sri V.Ravi Kiran Rao, learned Senior Counsel, thatthere is no sanctity for the survey that was conducted on earlieroccasion and conducting of the survey pursuant to theimpugned notice is very much necessary in order to ascertainthc acLual boundaries of the said survey numbers and also toiclcntrfr' thc persons who are in possession of the subject lands.lt is also contended that in order to take appropriatc stepsseeking recovcry of possession of the lands being claime<1 byrcspondent Nos.6 and 7 and other family members, conducting,,f sun er rs [,, ]r'11 much essential.7. Insofar as survey of the land situated in Sy.No.275 ofShanigapuram Vilalge is concerned, t1le petitioners cannot haveziny objection as they are not claiming any right, title or intcrestin the lancl situated in Sy.No.275. The petitioners are notclaiming any right in respect of the land situated in Sy.No,275.Thcrcfore, the pelitioners havi no locus also to question thenotice insolar trs lhe land situated in Sy.No.275 is conccrned.Insofar as the survey ol the lands situated in Sy.Nos.278 ancl279 is concerncd, the petitioner in Writ Petition No.2767 | ot202 1 , u'ho is t I'rc father of respondent No.6 herein along ',r,i th some others has already filed civil suits vide O.S.Nos.3O of 2O2Oand 67 ol 2O2O, seeking declaration of title and recovery ofand 67 ol 2O2O, seeking declaration of title and recovery ofpossession against the petitioners hercin and the said suits arepending for adjudication.

8. From a pemsal of the copics of the plarnt and affidavitIlied in the said suits, it is evident that respondent Nos.6 and 7and the petitioner in Writ Petition No .'27 67 I of 2021 , are not inpossession of the said lands. Thc saicl suiLs rvcrc filed in theMonth of February and June, 2O2O. From a pcrusal of tl-rematerial on record, it is noticed that respondent No.2 hereinthrough his letter, dated 29.O9.2020, rcqucsted thc RDO toconduct an enquiry on the rcprcsentation strbrnitted byrespondent No.6 and others to the Commission ar-rd to submit areport to enable respondent No.2 to submit a rcport to theCommission. It is in response thercto, tl-re RDO after havingcalled for a report from the Tahsildar-Mahabubabad, addrcsseda letter, dated 13.11.202O, to respondcr-rt No.5 requesting toconduct a survey for submit[ing a rcport. ['l'hc ]rclcvant portionfrom the said letter reads as under:-

"ln this regards Tahsildar Mahabtrbabad vidc r efer<'nce 2ndcited as submitted that the contcrrtiorr ol tlrt' pclrriorr<'r'allegingthat their forefather lands have bcen cncroached siluated inSy.Nos.275, 278 and 279 total to an extcnt of Ac (1.1 :17) gts olShanigapuram Village of Mahabul)abad Mandal b_vSri Jannapureddy Pramod Rcdd-V could not be arr-ivr:d to adecision, based on the contradict reports of ptr-r sical possession of the then Mandal Surveyor, Mahabubabad and present MandalSurveyor, Mahabubabad, could not ar ve to the conclusion.

Further the Tahsildar as requested to referee the case thesuperior officer above Mandal Surveyor i.e., Deputy lnspector ofsuperior officer above Mandal Surveyor i.e., Deputy lnspector ofSurvey / AD, S&LR, Mahabubabad in order to submit the reportto the Commission for Scheduted Castes and Scheduled Tribes,to the Commission for Scheduted Castes and Scheduled Tribes,Hyderabad at the earliest.

In this regards Deputy Inspector of Survel' / AD, S&LR,Mahabubabad is requested to conduct on the fore srde S-l'.Nos.and submit the detailed report immediately"

9. It is pursuant to the said letter, [he impugned notice came to be issued but not on any application sllbmitted byrespondent Nos.6 and 7 herein. There is a specific reference torespondent Nos.6 and 7 herein. There is a specific reference tothe said letter, dated 13.'ll.2O2O of thc Tahsildar, in theimpugned notice and a copy of the said Ie mer, datedI3.1I.2O2O, is placed on record. In addition to thc same, areport of the Tahsildar-Mahabubabad, bcaringreport of the Tahsildar-Mahabubabad, bcaringRc. No.B/ 60O/ 2020, daterl 2a.lO.2O2O, is also filed along withcounter affidavit of respondent Nos.6 and 7, u'hcrein aconclusion is recorded to the effect that there is a contradictionin the reports submitted by the Mandal Surveyor with regard toin the reports submitted by the Mandal Surveyor with regard tothe physical possession over the lands in Sy.Nos.275, 278 and279, admeasuring Acs. 14.37 gts,. The said conclusion reads as-under: 279, admeasuring Acs. 14.37 gts,. The said conclusion reads as-under:

"The contention of the petitioner allegrng that rhcir fo.cfzltl)crlands have been encroached situatcd in Sr,.Nos.275, 273 ar]r.l )7<)lands have been encroached situatcd in Sr,.Nos.275, 273 ar]r.l )7<)total to an extent of Ac (14.37) gts of Shanigapuram Villagc ofMahabubabad Mandal by Sri Jannapureddy Pramod Redd-',' couldnot be arrived to a decision, bascd on the contradict reports o[physical possession of the then Mandal Surveyor, Mahabubabircland present Mandal Surveyor, Mahabubabad, corrl<l not arri','e tonot be arrived to a decision, bascd on the contradict reports o[physical possession of the then Mandal Surveyor, Mahabubabircland present Mandal Surveyor, Mahabubabad, corrl<l not arri','e to the conclusion, as such, submitted report to the RevenueDivisional Ofhcer, Mahabubabad to referee the case the superiorofficer i.e., Deputy Inspector of Survey I AD, S&LR,Mahabubabad in order to submit thc report to the Commissionfor Scheduled Castes and Scheduled Tribes, Hyderabad at theearliest."

10. From the said lcttcr ol Lhe RDO, dated 13.11.2O2O, andthe report of the Tahsildar-Mahabubabad, dated 2a.1O.2O2A, ttis evident that the reports of the Manclal Surveyor submittedearlier are contradictory to each other. The contents of theletter, dated l3.ll.2o2o of the RDO and the contents of theletter, dated 28.1O.2O2O, o[ thc Tahsildar-Mahabubabad, arenot disputed or contestcd b1' tl'rc pctitioners. As already notedabove, there is a specific refe rencc made in the impugned noticeto the letter of the RDO, dated 13. I l.2O2O.

1 1. From the impugnccl notice, it is also evident that the

survey proposed to be conducled is by the Assistant Director ofSurvey and Land Records, Mahabubabad, but not by theMandal Surveyor as contended. The Mandal Surveyor onlyissued notice intimating the parties concerned that theAssistant Dircctor of Survev and Land Records is going toconduct survey. Impugned survey is sought to be conducted forthe purpose of submitting a rcport to the Commission on acomplaint madc by rcspondct-t[ No.6 and others. If such asurvey is sought to be conductcd or-r an application made byrespondent Nos.6 and 7 hcrein or at the instance of the petitioner in Writ Petition No.27671 of 2027, the considerationfor this Cour[ may be different as civil suits were already [hled]for declaration oi title and recovery of [possession, ]as aireadynoted hereinabove. But that is not the case on hand.

72. By conducting survey ol the entire lands situated [in]Sy.Nos.275, 278 and 279 of Shanigapurarn Village,Mahabubabad Mandal and District and hxing boundariesthereon would not cause any prejudrce to any of the [parties]except to aid in asc:crtaining thc persons in [possession ]of [the]land covered by thc said sun,ey numbers which would enablethe parties conccrnccl to t:rkc appropriate steps in accorclancewith law and also krr taking lurtl-rer steps on the complaintmade by rcspondcnt Nos.6 and 7 before the Commission. Thesurvey that is proposcd to be conducted, under iocircumstances can result in dispossessing any person from theIand in surid survey nunrbers or put of any persons inpossession u,ho arc out of possession ir-r the said survcynumbers. Thcreforc, 1:roposcd survcy cannot be said to causeany prejudice to zrn)' of thc parties except making the lactualpossession clear tlvr:n othi'nvise, i[ any party is aggrieved bythe report drarvn prursttant to the proposed survey or any of thefinding recorded therein, it is always open for such aggrieved I

partres to take appropriate steps against such report, either byfiling appcal or othe rwisefiling appcal or othe rwise 13' In the light of the above, this court is not inclined to interfcre with the impugned r-rotice, dated 15.12.2o2o, ancraccordingly Writ petition No.23Z4T of 2O2O rs clismisscd.Rcspondent N<.rs.4 and 5 are at libert5z to take further stepspursuitnt to the impugned notice.

14. As a consequence, Writ petition No.2T67 I of 202 I isclisposccl oI directingrespondent No.5to take stcps forcond uc tin gsllrvcy lnfurthorance ofthe nolicc, d a tccl15.12.2.020,and concludc the same within a period of trvornorilhs from thc date of receipt of a copy of this ordcr As zr sequel, miscellaneous petitions, pending if any in ti-rrs Writ Pctrtions, shall stand closed. No costs.

SD/- P. PADMANABHA REYASSISTANT REGISR//TRUE COPYIISECTIONFFICER

To,

14J29n" 99 Two The Assistant Direclor. Srrrysy^6n( Land Records, Mahaboobabad CCs [to ]to [Sl ]Gp [Krishna Reoov ]For Revenu6, [pJttt ]H,sh b_;fi-1ilirE'siiA nti,i;;i;"ropl;'ii'of Tetansana. District.[oUT]9n" 99 [ro ][Sri ][V ][Rohirh, ][Advocai'eiOpuei"']4J29n" 99 Two The Assistant Direclor. Srrrysy^6n( Land Records, Mahaboobabad CCs [to ]to [Sl ]Gp [Krishna Reoov ]For Revenu6, [pJttt ]H,sh b_;fi-1ilirE'siiA nti,i;;i;"ropl;'ii'of Tetansana. District.[oUT]9n" 99 [ro ][Sri ][V ][Rohirh, ][Advocai'eiOpuei"']5one CC to Sri G Vasanrhe nayublleJv6|ate(OpUC)6Two CD CopiesIVIBCGJPIVIBCGJP

HIGH COURT

DATED: 1710412023

'\t [li ][i]ir.k(-)21 [[Ps ][?\]?x]r ).;

COMMON ORDER

WP NOS: 23747 OF 2020 AND 27671 OF 2021

DISMISSING THE WP NO. 23747 OF [2O2O]&DISPOSING OF THE WP NO.27671 OF 2021W HOUT COSTSsnr,\",

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