Renikuntla Srinivas v. The State of Telangana

Court: High Court for State of Telangana

Bench: E.V. VENUGOPAL

Judgment date: 2026-01-09

Case summary

High Court for State of Telangana judgment dated 2026-01-09. Renikuntla Srinivas v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 329e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE E. V. VENUGOPAL WRIT PETITION NO: 1149 OF 2026 Between: 1 . Renikuntla Srinivas, S/o. Mallaiah, Aged about 55 years, Occ Business R/o. H. No. 5-66/21111, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District. 2. P. Gangajalam, S/o. Buchaiah, Aged about 63 years, Occ. Business R/o. H. Nci. 5-66/1 , Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District. 3. B. Rajaiah, S/o. Bapu, Aged about 57 years, Occ. Business R/o. H. No. 5-66/1, Opp. IOC Petrol Bunk Naspur Village and Mandal, Mancherial District. 4. B. Aruna, Wo. B. Subbarao, Aged about 38 years, Occ. Housewife Rl/o. H. No. S- 661112,Opp. IOC Petrol Bunk NaspurVillage and Mandal, Mancherial District. 5. Mekala Rajaiah, S/o. Rajalingu Aged about 67 years, Occ . Ex-Employee R/o. H. No. 5:66/211 and 5-661213, opp.

IOC Petrol Bunk Naspur Village and Mandal, Mancherial District. 6. B. Subbarao, S/o. Chinnaiah Aged about 44 years, Occ . Business R/o. H. No. 5- 6611121N1, Opp. IOC Petrol Bunk Naspur Village and Mandai, Mancherial District. 7. Chiluka Sadaiah, S/o. Balaiah Aged about 70 years, Occ . Ex-Employee R/o. H. No. 6-126/3, Opp. IOC Petrol Sunk Naspur Village and Mandal, Mancherial District. ... PETTTTONER(S) AND 1 . The State of Telangana, Rep. by its Principal Secretary Revenue Department Secretariat, Hyderabad. 2. The Chief Commissioner of Land Administration, Government of Telangana Nampally, Hyderabad. 3. The District Collector, Mancherial District. 4. The Revenue Divisional Officer, Mancherial Revenue Division Mancherial, Mancherial District. 5. The Tahsildar, Naspur Mandal Mancherial District. 6. Assistant Director of Survey Mancherial, Mancherial District. 7. The Deputl, lnspector of Survey, IUancherial Division, - -' 0/o. Revenue Divisional Officer Marrcherial, Mancherial-DistriCi.

-"'-'' 8 Gaje. lli Sharrker, S/o. Bodaiah egg{tVqot, Occ . Business R/o. H. No. 23_S0, Sri Sri Nagar [\,lancherial, Mancherial Diai;;i. ... RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of writ of Mandamus, decraring the action of the Respondent Nos. 3 to 7 more especially Flespondent Nos. 6 and 7 in interfering with the petitioners house properties bearin'3 H. No. 5-66/2/1/1 , No. 5-66/1, No. 5-66/1, No. 5- 66/1/2, No. 5- 661211 and 5-66-2/3, No. s-66r1r2tAr1 and No. 6-126/8 in sy. No. 102l1 situated at Naspur Village arrd Mandar, Mancheriar District under the guise of issuing the impugned proceedings by the 7th respondent in Rc. No. B 1lDy. loslssl2o2l, dt. 01 . 12. 2025 for conducting enjoyment survey from 0g. 12. 2o2s to 1o. 12.

2o2s (Adjourned to unspecified date) or any other dates as iflegar, arbitrary, unconstitutional, r:ontrary to the provisions of survey and Boundary Act and consequently by setting aside the rmpugned proceedings of the 7th respondent in Rc No. BllDy. losft;Sr2o2s, dt. o1 . 12. 202s, direct the Respondent Nos. 3 to z not to interfere with the peacefur possession and enjoyment of the petitioners house properties bearinrl H. No. 5-66/2/1/1 , No. 5-66/1, No. 5_66/1, No. 5_66/1/2, No. 5_ 661211 and 5-66-213, No. s-66/1/2/A/1 and No. 6-126/8 in Sy. No. 1o2li situated at Naspur Village and Mandar, Mancheriar District under the guise of conducting enjoyment survey, in the interest of justice ! A NO: I OF 2026 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired i. support of the petition, the High court may be preased direct the Respondent rrros.

3 to 7 not to interfere with the rawfur possession and enjoyment of the pretitioners house properties bearing H. No. 5-66/2/1/1 , No. 5/66/1, No. 5/66/1, No. 5-66/1/2, No. 5-66/2/1 and 5-66-2/3, No. 5-66t1r2tNl and No. 6_ 12618, in sy. No. 102/'t situated at Naspur Vifiage and Mandal Mancherair District under the guise of conducting enjoyment survey. lA NO: 2 OF 2026 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 pleased Stay all further proceedings including conducting of Survey pursuant to the impugned Notice issued by the 7th Respondent in Rc. No. B1/Dy. losl55l2O25, dt'. 01. 12. 2025 in Sy. No. 102 of Naspur Village and Mandal, Mancherial District. Counsel for the Petitioners: SRI M. JANARDHAN RAO Counsel for the Respondent Nos. l to 7: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.

8: SRI VADLAKONDA RAVI KUMAR REDD The Court made the following: ORDER IN T'HE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL w. P. No. LL49 of 2o26 Date: O9-0 L-2O26 Between Renikuntlzt Srinivas and six others ... petitioners AND The State of Telangana, Rep. by its Principal Secretary, Revenue L)epartment, Secretariat, Building, Secretariat, Hyderabac. and seven others. ... respondents ORDER: When the matter is taken up for hearing, Sri M. Janardhan Rao, learned counsel for the petitioners, Sri L. Ravinder, learned Assistant Government Pleader for Revenue, irppeafing for the respondent Nos. I to 7, and Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the respondent No. B, would submit that the issue raised in this writ petition is squarely covered by the order, passed by this Court in W. P. No. 4O777 of 2025, dated O5-0l-2O25. I t EVV,J WP No. ll49 of 2026 2.

This Court while disposing of the said Writ Petition, directed the 7th 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. I9B2O of 2025 dated LO-O7-2025. 3. Therefore, following the order passed 1n 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. 4. Miscellaneous petitions pending, if any, shall stand closed. SD/. C. DEEPIKA ISTANT RE //TRUE COPYII OFFICER To, 1. The State of Telangana, Rep. by its Principal Secretary Revenue Department Secretariat, HYderabad. 2. The Chief Commissioner of Land Administration, Government of Telangana Nampally, Hyderabad. 3. The District Collector, Mancherial District.

4. The Revenue Divisional Officer, Mancherial Revenue Division Mancherial, Mancherial District. 5. The Tahsildar, Naspur Mandal Mancheriat District' 6. Assistant Director of Survey Mancherial, Mancherial District' 7. The Deputy lnspector of Survey, Mancherial Division, 0/o. Revenue Divisional Officer Mancheri:tl, Mancherial District. B. One CC to Sri M. Janardhan Rao, Advocate [OPUC] g. Two CCs to GP for Revenue, High Court for the State of Telangana, at HYderabad [OUTI 10. One CC to Sri Vadlakonda Ravi Kumar Reddy, Advocate[OPUC] 1 1 . Two CD CoPies TJ with the copy of the date 05-01-2025 in w. P. 40777 ot 2025 \flo,ong ,lt : ,li t{ i ) HIGH COURT DATED:0910112026 ";H ES t ( I I o I' ! ig 7 02 6 z. ORDER , P/. 'l "::. -,::: WP. No. 1149 ot 2026 DISPOSING OF THE WRIT PETITION / cOSTS I e\aI \\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL W. P. No. 4O777 of 2O2S Date: 05-01-2026 Between: Madasi Komuraiah and eleven. others. ..

petitioners AND The State of Telangana, Rep. by its Principal Secretar5r, Revenue Department, Secretariat, Building, Secretariat, Hyderabad and seven others. .. respondents ORDER I This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:- "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. 5-661312, No. 5-66l7, No. 5-66l3/3lNl, No. 5-66l5, No. 5'81/4/1, No. 5- 8 I I 4 I 2, No. 5 -6815/4/ 1, No. 6-7613, No. 6 -25 I 9, No ;5 -6813/4/ I and No. 5-66l5/1 situated in Sy. No. lOZ, No. 102/l and No. 102/2 2 EVV,J W. P. No. 40777 of2025 Na:;pur Village and Mandal, Mancherial District, under the guise of issuing the impugned proceedings by the respondent in Rc. No. Bl/Dy. tos/55/2025, dt. 01. 12. 2025 for conducting enjryment survey from 08. 12. 2025 to l0. \Z.

ZO25 (Adjourned to unspecified date) or any other dates as illegal, arbitrary, un<:onstitutional, contrary to the provisions of Survey and Borrndary Act and consequently by setting aside the impugned Prcceedings of the 7th respondent in Rc. No. Bl/Dy. ros/5512025, dt. 01. 12. 2025, direct the Respondent Nos. 3 to 7 not to interfere with the peaceful possession and enjoyment of the petitioners horse properties bearing H. No. 5-66l8,No. 5-66l312, No. 5-6617, No. 5-6613/3/N1,, No. 5-6615, No. 5-81/4/1, No. 5-gll4/2, No. 5-68/5iAl1, No. 6-7613, No. 6-2519, No. 5-68/3/4/1 and No,5-66l5/1, situated in Sy. No. l02, No. l02ll and No. l02l2 Nar;pur village and Mandal, Mancherial District under the guise of ,:onducting enjoyment survey, in the interest of justice and to pass such other order. " 2. Heard Sri M. Janardhan Rao, learned. counsel for the petitioners, sri L. Ravinder, rearned Assistant Governnrent Pleader for Revenue, for the "pp""ring respondent Nos.

I to 7, and Sri vadlakonda Ravi Kumar Reddy, Iearned counsel for the respondent perused No. B. the matt:rial available on record. 3. Learned counsel for the petitioner would submit that the petitioners are the similarly placed EW,J W. P. No. 40777 of 2025 persons as that the persons who were issued impugned notice 1n Rc. No. BllDy. los 55 2025 dated OL-12-2O25, / / wherein it was informed that the purported survey is being contemplated to survey the land in question on O8-L2-2O25 to LO-12-2O25 (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 frled this Writ Petition. He would further submit that the petitioners are the bona p:urcl;.

asers and have been in possession of the fide 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. 4. Learned counsel for the petitioners would further submit that the survey conducted as against the EW,J W. P. No. 40777 of 2025 order o, this Court in W. P. No. 1982O of 2025 d,ated LO-O7 -2025, wherein there was a direction to the respond,:nt No. 7 herein to act upon the pending appeal and pas,s appropriate orders within a period of six weeks. Pursuant to the said direction, the impugned notice has been issued. Further, along with the petitioners, some of the othr:r land owners have also not been issued the impugnr:d notice.

Therefore, he submits that the petitionr:rs ought to have issued notice and without issuing any notice to the petitioners and without taking into the objections from the petitioners, if the survey is conducted, the petitioners put to be a great loss, hence, he seekr; to pass appropriate orders. 5. learned Assistant Government Pleader for Revenut: appearing for the official respondents would submit that the impugned notice was issued in accordance with the orders passed by this Court in W. P. No. i982O of 2025 dated 10-07-2025. If any further survey is conducted in respect of the Sy. No. 102 situated in Naspur village and Mandal, Mancherial District, then a 5 EVVJ W. P. No. 40777 of 2025 notice will be issued to all the concerned and necessary 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. 6.

Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the respondent No. 8 submits that the respondent No. B has been issued instructions from the respondent No. 3 to fiIe vakalat to put-forth his contentions and therefore, he filed vakalat on behalf of the respondent No. B. 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. L982O of 2025 dated lO-O7 -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 01-12-2025, the petitioners instead of filing objections before the authority concerned, approached EW,J W. P. No. 40777 of2025 this Court, hence, the Writ Petition is premature and misconceived. He would further submit that since the notices .

rave been already issued, the question of issuing further notice to the petitioners does not arise Accordirrgly, he seeks to pass appropriate orders. 7. In view of the above submissions made by the learned counsel for the respective parties, this Court is of the vieu'that, since the petitioners are claiming that their land also forms part and parcel of Sy. No. lO2 situated at Naspur Village and Mandal, Mancherial District, without express:,ng any opinion on the merits or demerits of the Writ Petition, the same can be disposed of by directing respondent 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 necessary action in accordance with law and in terms of the order passed by this Court in W. P. No. 19820 of 2025, dated LC-O7-2O25. EVV,J W. P. No. 40777 of2025 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 9.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed. E. V. VENUGOPAL,J Date: 05-O 1-2026 kvr

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