Telangana High Court

WP/29241/2025 of Mengu Amaravathi Vs The State of Telangana on 24 September 2025

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITI ON NO: 29241 0F 2025 Between: Menou Amaravathi, Wo. Nageshwar Rao' Aged about 47

HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

(SPecial Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITI ON NO: 29241 0F 2025

Between:

Menou Amaravathi, Wo. Nageshwar Rao' Aged about 47 years occ. House Wife, il;. H j!e. 5_i:1 d'' ii";ii.,; riliir] irrir,, ouriabzd rown, Mahabubabad rvrandat a nd District.

..PETITIONER

AND

l.TheStateofTelangana,RepresentedbyitsPrl.Secretary,Revenue Department, Secretariat' Hyderabad, T'S'

2. The State of Telangana, Rep. by its Principal . qeglelary'. Municipal AdministrationAndUrbanDeVelopmentDept.,Secretariat'Hyoeraoao.

3. The District Collector, Mahabubabad District'

4.TheAdditionalDistrictCollecto(LocalBody),MahabubabadDisritct.

5.TheRevenueDivisionalofficer,Mahabubabad,MahabubabadDistrict.

6. The Tahsildar, Kuravi Mandal, Mahabubabad District'

T.TheDirectorateofTownandCountryPlannin-g,-^DTCPBuilding'3rdto5th Fioors, AC Guardq Hyderabad, Telangana - 500 004'

8. The District Town and country Planning officer, Mahabubabad District.

g.AnnabathulaUpender,s/o.llaiah,Agedabout30years'Occ.Agriculture.,R/o.

" ij.ir6l:ib?, rvr5ogrridrtem Viilabe,-Kuravi Mandat, Mahabubabad District.

.l0.Annabathula Veeraiah, S/o. llaiah, Aged abo-ut 35 years, occ. Agriculture, '" ii7;:" [.i$.1-'ra+, rvroirgulaguoem' vit6ge, Kuravi iVlandal, Mahabubabad District.

l.l.MadaAniaiah,S/o.Veeraswamy,Ag-edabout40years,occ.Agriculture,R/o.

' ' ij.i6..i-4'?, Moagriaird"m vitti!'e, kuravi Mandal, Mahabubabad District'

12.Mada Venkanna, S/o. Veeraswamy, Aged about 50 years'.Occ' Agriculture'

'- iv;:-Fi.t'6.i:3b-,' Glldul;sudem'Vitt5ge, Kuravi Mandal, Mahabubabad District'

...RESP.NDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to is:;ue Writ or direction one or more particularly in the nature of Writ of Mandamus rleclaring the inaction of official Respondent No.1 to 8 for not conducting a survey of property and fixing up the boundaries and metes thereat, belonging to Petitioner Agriculture land having extent of 2.3200 Ac- Gts in Survey No. 107 and extent of 1.3200 Ac. Gts in Survey No. 113/B/'ll1 and total extent of 4.2'100 Ac.Ots, situated at Modgulagudem Village and Kuravi Mandal, Mahabubaba J District., as illegal, arbitrary, un-constitutional and contrary to the provisions of Telangana Survey and Boundaries Act, 1923 and consequently direct the official respondent No.1 to 8 to consider the petitioner representation dated.10-09-i2025 to stop the permissions and DTCP layouts until survey and demarcation rf land Sy.No. l07 and 1'13.

lA NO: 1 OF :2025

Petitiorr under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the off icial respondents No.1 to 8 consider the petitioner representation dated.'l 0-09-:2025 to stop the permissions and DTCP layouts until survey and demarcation cf land Sy.No.',l07 and '1 13.

lA NO: 2 OF :2025

Petition unler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official respondents No.1 to I to consider the petitioner application dated 1 4- 05-2025 and 15-09-2025 to survey and demarcate the land Sy.No.107 and 1 13.

Counsel for l:he Petitioner : SRI M.PHANINDRA BHARGAV

Counsel for the Respondents No.1to7: SRI L.RAVINDER, AGP FOR REVENUE

Counsel for the Respondent No.8to12:

The Court m,ade the following: ORDER

THE HON'BLE SRI JUSTICE K. LAKSTIMAN

W.P. No.29241, of 2025

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ORAL ORDER:

Heard learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue.

2. Petitioner is claiming that she is the absolute owner and possessor of land admeasuring Nc.4.2100 guntas in Sy.Nos.l07, Ll3lBllll, situated at Modgulagudem Village, Kuravi Mandal, Mahabubabad District. In proof of the same, she has filed a copy of latest pattadar passbook. She has filed a suit in o.S.No.25 of 2018 against respondent Nos.9 to 12 for perpetual injunction in respect of the aforesaid property. The said suit is pending. There is no interim injunction. According. to the petitioner, land admeasuring Ac.2.1100 guntas was acquired for sRSp canal. During pendency of the said suit, she has submitted f-line application vide I.D.No.TTDER022501219836, dared 15.09.2025, to respondent No.6 with a request to conduct survey and demarcate the aforesaid property by fixing the boundaries. Despite receiving and acknowledging the f-line application, respondent No.6 did not act upon the same. Aggrieved by the said inaction of respondent No.6, petitioner filed the present Writ petition.

3. Perusal of the record would revear that petitioner has obtained conversion proceedings converting the said land from agriculture to non-agriculture. If respondent Nos.9 to lZ have also obtain,:d conversion proceedings during pendency of the said suit, petitioner can't seek survey from respondent No.6. If there is any disputr: with regard to the identif,rcation of the said property or survey etc., petitioner has to file an application under Order xxvl Rule 9' of the code of civil procedure (for short 'cpc,), seeking appointment of Advocate commissioner for the purpose of condu<:ting survey or noting down physical features of the said property and it is for the trial court to consider the same.

4. [n the light of the said discussion, this writ petition is dispos,:d of granting liberty to rhe petitioner to file an application under t]rder xxvl Rule 9 of cpc in o.S.No.25 of2Olg to appoint an Ad'rocate commissioner for the purpose of conducting survey or noting down physical features in respect of the aforesaid i, i. \

i i

\ To, property and it is for the trial Court to consider the same in accordance with law. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/. A. JAYASREE //TRUE COPY/ OFFICER

1. The Prl. Secretary, Revenue Department, Hyderabad, T.S. ngana State,

2. The Principal Secretary, fi/unicipal Administration And U Dept., Secretariat, Telangana State, Hyderabad. n Development

3. The District Collector, Mahabubabad District.

4. The Additional District Collector(Local Body), Mahabubabad Disritct.

5. The Revenue Divisional Officer, Mahabubabad, Mahabubabad District.

6. The Tahsildar, Kuravi lVlandal, Mahabubabad District.

7. The Directorate of Town and Country Planning, DTCP Building, 3rd to Sth Floors, AC Guards, Hyderabad, Telangana - 500 004- B. The District Town and Country Planning officer, Mahabubabad District.

9. One CC to SRI I\X.PHANINDRA BHARGAV;Advocate. [OPUC]

10. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. lourl

11. Two CD Copies. BSK GJP AIr

\ I { HIGH C(CURT DATED:2410912025

ORDER

WP.No.l29241 of 2025 DISPOSING OF THE WRIT PETITION WITHOIJT COSTS o p'( ,-$'o tl J ri:B Z0m () * THE s t * a

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