Telangana High Court

WP/24881/2025 of Smt. K. Jyothi Vs The State of Telangana on 22 September 2025

Cites 0, Cited by 0

Jyothi, W/o Housewife, [ 3168 ] K,B. Narayana Raju, Aged about 4g years, Occ ...PETITIONERS HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWEI(TIY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN

Between:

1. Smt. K. Jyothi, W/o

Housewife,

K,B. Narayana Raju, Aged about 4g years, Occ

...PETITIONERS

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER

TWO THOUSAND AND TWEI(TIY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 24881 0F 2025

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K.B. Narayana Raju, S/o. Subba Raju, Aged about 54 years, Occ. Business, (Both are .R/o. Flat No.126, Om Sai Residency Amar Society, Kavuri Hills, Hyderabad-500033, T.S

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The State of Telanoana. Represented by its principal Secretary Revenue Department. Secreiariai auiia ing, Si,r"or.i. Hvi"'i5olo If-Djtrlgt Collector, Ranga Reddy District, At Kongara Katan, lDrantmpatnam The Commissioner of police, Cyberabad Gachibowli, Hyderabad The Station House Officer, Moinabad, Ranga Reddy District The. Deputy lnspector of Survey, Chevella Division, At Chevella, Ranga Reddy District The Mandal Surveyor, Chevella Mandal, Ranga Reddy District Srnt Pallavi Bhoopal C^oondoo, Wo. Siddharth Coondoo Aged about 48

years, Ucc. Bustness, R/o. Uma plaza, plot No.24l, Road No.9, West Marredpally, Secunderabad

...RESPONDENTS

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a direction, order or orders more particurarly one in the nature of writ of MANDATvIUS declaring the notice to set aside the same in the interest of justice and to pass such other order or orders dt.1 1lo}t2o25 issued in File No.

81153912025 by the Respondent No.5 as iflegar, nonest in the eye of raw,

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arbitrary, biased agains;t natural justice and consequences as this Honourable Court may deem fit and proper in the circumstances of the case'

A NO: 2 OF 2025

petition under sectron 151 CPC praying that'in the circumstances staled in theaffidavitfiledinsUpportofthepetition,theHighCourtmaybepleasedto directtherespondentNo.4notinterfereinthecivilmattersbetweenthepeti,ioner and respondent No.7 pernding disposal of the above writ petition IA NO:1 OF 2025

PetitionUndersectionl5lCPCprayingthatinthecircumstancesstaledin the affidavit filed in support of the petition, the High court may be pleased to suspend the operation ':f the notice dl 11tOBt2O25 issued in File No Bl1539t2O25

by the Respondent No.ri pending disposal of the Writ Petition IANO: 3 OF 2025

Between:

1 . Smt. Pallavi Bhoopal Coondoo, Wo Siddtrarth Coondoo Aged. abc ut ,48

vears. Occ. aus,'neis.-i/o - U-ma ptaza Plot No 24'l Road No'g West il/larredPallY. Sec'.rnderabad .,.PETITIONEITS/R7

Smt. K. Jyothi, Wo

Housewife,

2. K.B. Narayana Raju, S/o. Subba Raju, Aged about 54 years' Occ. Business'

(Both are R/o. Flat No.126, om sai Residency Amar society, Kavur Hills, Hyderabad-500033. T.S

3. The State of TelaLngana, Represen-ted- by its .Principal Secretary Revenu:

" oeirtirenl, secreiariai Buiiding, Saifa6ad, Hyderabad

4. The District Collector, Ranga Reddy District, At Kongara Kalan'

lbrahimpatnam

5. The Commissioner of Police, Cyberabad Gachibowli' Hyderabad

6. The Station Hous;e Officer, Moinabad, Ranga Reddy District

7. The Deputy lnspr:ctor of Survey, Chevella Division' At Chevella' Ranga Reddy District

8. The IVandal Sun'eyor, Chevella Mandal, Ranga Reddy Dislrict

...RESPONDENTS/RESPONC}ENTS

K.B. Narayana Raju, Aged about 48 years, Occ I

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Petition under section 'r5i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim Orders dated 21 .OB.2O2S

pleased to pass such other order or orders.

in WP No. 24881t2025 and be

Counsel for the petitioner : SRI I.RAMESH

COUNSEI f.r thE RESPONdENTS NO.1&2,5&6: SRI L.RAVINDER, AGP FOR REVENUE

Counsel for the Respondents No.3&4 : AGp FOR HOME

counsel for the Respondents No.7: sRl T.S.pRAVEEN KUMAR, rep., SMT.MANJART S.cANU

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.24881 of 2025

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ORAL ORDER:

Heard Siri I. Ramesh, learned counsel for the petitioneni, Mr. L.Ravincler, learned Assistant Government Pleader lcr Revenue, learrred Assistant Govemment Pleader for Home and Sri T.S. Praveen tlumar, learned counsel representing Snit. Manjari S. Ganu, leamed counsel appearing for respondent No.7

2. The petitioner filed the present writ petition challenging th: notice dated 11.08.2025 of respondent No.5 proposing to conducr survey on 22.Ct8.2025, on the request made by respondent No.7 in respect of land in Sy.No.31 of Nagireddiguda Village, Moinabarl Mandal, Rangirreddy District. It is also brought to the notice ol this Court theLt respondent No.7 has a.lready filed a suit vid,z O.S.No.347 o1- 2024 against the petitioners and two others for permanent inj unction. Respondent No.7 has also filed an interlocutory application vide LA.No.492 of 2024 seekinll temporary injunction. The said suit is pending. Respondent No.l' has filed an application under Order XXVI Rule 9 of the Code o. Civil Procedure, 1908 seeking appointment of an Advocate, Commissioner to conduct survey with the help of Assistanr

Director, Survey and Land Records. The said application is pending. During the pendency of the said applications, on the request made by respondent No.7, respondent No.5 has issued notice dated 11.08.2025. Challenging the same, petitioner herein filed present writ petition.

3. The aforesaid facts would reveal that respondent No.7 is pursuing parallel remedies i.e., hlling an application in the aforesaid suit seeking appointment of an Advocate Commissioner to conduct survey with the help of Assistant Director, Survey and Land Records and approached respondent No.5 with a request to conduct survey. The same is impermissible.

4. During pendency of the said suit, if there is any dispute with regard to identification of the said property or survey has to be conducted, respondent No.7 has to file an application under Section XXVI Rule 9 of the Code of Civil procedure, l90g seeking appointment of an advocate commissioner. She has already filed the said application. Therefore, she cannot approach respondent No.5 seeking survey.

5. In the light of the same, this writ petition is disposed of, the impugned notice dated 11.08.2025 of respondent No.5 is set aside, liberty is granted to respondent No.7 to pursue I.A.No .492 of 2024 / t' --- in O.S.No.347 of 2024, to appoint Advocate Commissioner for th: purpose ofconducting survey, demarcate the said property and it is for the trial Court to pass appropriate cirders in accordance witr law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, sha t stand closed S /.P. PONNA KRIS,HNA ISTANT REGTSTB4T,- //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary Revenue Department, Se State of Telangan;r, Hyderabad riat Building, Saifa:ad,

2. The District Collector, Ranga Reddy District, At Kong ra Kalan, lbrah impatnam

3. The Commissioner of Police, Cyberabad Gachibowli, Hyderabad

4. The Station Houser Officer, Moinabad, Ranga Reddy District

5. The Deputy lnspe<;tor of Survey, Chevella Division, At Chevella, Ranga Reddy Distnct

6. The [Vlandal Surveyor, Chevella Mandal, Ranga Reddy District

7. One CC to SRI I.RAMESH, Advocate. IOPUCI

8. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana tourl

9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] '10.One CC to SMT MANJARI S.GANU, Advocate. [OPUC] 1 1 Two CD Copies. BSK BS t I

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* HIGH COURT DATED:22109t2025 1 0 r[I ?l]25

ORDER

WP.No.24881 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ++ +* .t i # I Lo\ro l- l* ,. /..' /. ';, I ,

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