D. Rajesh, v. The State of Telangana,

Court: High Court for State of Telangana

Bench: C.V. BHASKAR REDDY

Judgment date: 2024-12-09

Case summary

High Court for State of Telangana judgment dated 2024-12-09. D. Rajesh, v. The State of Telangana,. Read the judgment and case details on LawSphereX.

Judgment text

[ 32s6 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IMONDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETIT]ON NO: 24255 OF 2023 & 27634 OF 2024 W. P. No. 24255 OF 2023 Between: 1. D. Rajesh, S/o. Sathi Reddy, Aged about 46 years, Occ. Business, Rl/o. 7- 71 /3, Habsiguda, Hyderabad. 2. Kallem Prudhvinath Reddy, S/o. Prabhaker Reddy, aged 29 years, Occ. Business, P. Jo. 16-2-7511N311D160, Road No. 3, Tirumala Hills, Asmangadh, Malakpet, Hyderabad. ... PETITIONERS AND 1 The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Medchal-lVlalkajgiri District. 3 The Tahsildar, Ghatkesar Mandal, I\Iedchal-Malkajgiri District. 4 The Gayatri Educational and Cultural Trust, Rep. by its Secretary gYnl- Correspondent Smt. Neelima Suryadevara, H. No.

8-2-2931821NG132, Nandagiri Hills, Lane-3, Near Jubili Hills Check Post, Jubili Hills, Hyderabad. ... RESPONDENTS 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 issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in giving markings on the petitioners land in Survey No. 796, with its sub-divisions, which was purchased by the petitioners through registered document Nos. 1818/2015 and '1-O0 181712015 respectively, admeasuring acre and Ac. '1-20 guntas, (vide Mutation Proceedings of the 3rd respondent in Procs. No.

B 1178212016 and F,l178312016, dated 28-01-2017), situated at Venkatapuram, hamlet of Korremula Village, Ghatkesar IVandal, Medchal-lrilalkajgiri District, as being illegal, arbitrary, unreasonable, violative of Articles 14, 21 and 300-4 of the Constitution of lndia and issue a consequential direction directing the respondents not to lay any road in the petitioners land. lA NO: 1 OF 2023 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 to direct the respondenl. s not to lay any road in the petitioners' private land in Survey No. 796, with its sub-divisions, which was purchased by the petitioners through registered document Nos. 1818/2015 and 18'17l2Ol 5 respectively, admeasuring '1 -00 acre and Ac. 1 -ilO guntas, (vide Mutation Proceedings of the 3rd respondent in Procs,No.

Bl1782t2016 and 81178312016, dated 28-01-2017), situated at Venkatapuram, hamlet of Korremula Village, Ghatkesar Mandal, Medchal - Malkajgiri District, pending disposal of the writ petition. Counsel for the Petitioner : SRI S. VIPLAV SIMHA REDDY Counsel for the Respondents No. 1to3 : AGP FOR REVENUE Counsel for the Respondents No. 4 : W. P. No. 27634 OF 2024 Between: 1. D. Rajesh, S/o Sathi Reddy, Aged about46 years, Oc. Business, Rl o. 7-7113, Habsiguda, Hy,Jerabad, 2. Kallem Prudhi,inath Reddy, S/o. Prabhaker Reddy, aged 29 years, Occ. Business, No. 16-2-7511N3'ilD/60, Road No. 3, Tirumala Hills, Asmangadh, Malakpet, Hyderabad. ... PETITIONER AND 1 The State o{ Telangana, Rep. by its Principal Secretary, Revenue Department, St;cretariat, Hyderabad. 2 The District Collector, It/ledcha l-Malkajgiri District. 3 Hyderabad lVlertropolitan Development Authority, Rep by its commissioner Swarnajayanthi Commercial Complex, 4th floor, Ameerpet, Hyderabad.

4 The Tahsildar, Ghatkesar Mandal, Medchal-Malkajgiri District. 5. The Gayatri Educational and Cultural Trust, Rep. by its Secretary-gum- Correspondent Smt. Neelima Suryadevara, H. No. 8-2-2931821NG132, Nandagiri Hils, Lane-3, Near Jubili Hils Check Post, Jubilee Hils, Hyderabad. ,.. RESPONDENTS 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 toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, aggrieved by the inaction on the part of the 4th respondents in implementing the orders of the 3rd respondents vide Lr. No. 2764IGTKR/ Plg/ HMDN2024'dated 28-08-2024 in demarcating the subject land and in not submitting the revenue sketch map in Sy No. 796 Adm an extent of Ac 1 . 00 Gts and Ac 1 .

20 Gts being illegal, irregular and violative of Articles 14 and 21 of the Constitution of lndia and consequently direct the 4th respondent to implement the directions of the 3rd respondent vide Lr. No. 2764lGTKNPIg1HMDN2]24 dated 28-08-2024 by demarcating the petitioner's landed property with proper boundaries as per the survey reportby further duly submitting the revenue sketch map. lA NO: 1 OF 2024 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 to direct the 4thRespondents to implement the directions of the 3rd respondent vide 1r. No. 2764IGTKR/Plg/HMDA/2024 dated 28-08-2024 by demarcating the petitioner's landed property with proper boundaries as per the survey report by further duly submitting the revenue sketch map. Counsel for the Petitioner : SRI S. VIPLAV SIMHA REDDY Counsel forthe Respondents No. 1,2&4: GP FOR REVENUE Counsel for the Respondents No.

3&5: -- The Court made the following: COMMON ORDER ,s' THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NOs. 24255 OF 2023 AND 27634 0F 2024 COMMON ORDER: W. P. No. 24255 of 2023 is hled seeking to declare the action of respondents in giving markings on the petitioner's land in Survey No. 796, witl'r rts surb-divisions, admeasuring Ac. 1. 00 gts and Ac. 1. 20 gts, (vicle Mutation Proceedings of the respondent No. 3 in Procs. No. B/ t782 12016 and B/ 178312016, dated 28. {)1. 2017) situated at Venl. iLtapuram, hamlet of Korremula Village, Gl-ratkesar Mandal, Medchrrl Malkajgiri District, u,hich was purchase,l by the petitioners through registered clocument Nos. 1818/2O15 and lal7 12015 resprectively, as illegal, arbi[rary, unconstituti()nal and violative of Ar-trclcs 14,21 and 300 A of the Constitution of India. 2. W. P. No. 1]7634 of 2024 is fi1ed to declare the acrion of respondent No.. l in implementing the orders of responde. nt No. 3 vide Lr. No.

276,+,iGTKR/Plg/HMDA/2024 dated 28. Oa. 2O24 in demarcating the subject land and in not submitting the revenue sketch map in Sy No. 796 admeasuring to an extent of Ac. 1. 00 gts. , and Ac. 1 . 2O gts. , as illegal, irregular and violative of Art icles 14 and 2 1 of thc Constitution of India wP 24255 2023 arld wP_27634_2024 3. Since the subject property and the petitioners in both the t writ petitions is one and the same, they being heard together and disposed of by this common order. 4. It is stated that petitioner No. 1 is the owner and possessor of the land admeasuring to an extent of Ac. O1. 0O gts. in Sy. No. 796 situated at Venkatapuram, ham. let of Korremula Village, Ghatkesar Mandal, having purchased the subject property under registered Sale Deed uide document No. 1818/2O15 and petitioner No. 2 is the owner and possessor ol the land to an extent of R.. O t. ZO gt". ir-t Sy. No.

796 situated at Venkatapuram, hamlet of Korremula Village, Ghatkesar Mandal, having purchased the subject property under registered Sale Deed uide document No 1817/2015 and out of the said extent Ac. 0. 20 guntas was alienated in favour of respondent No. 4 uide clocument No. 1476/2017. It is further stated that when the adjacent pattedars have disputed the title and possession of the petitioners claiming that part of the lands are forming part of Sy. Nos. 796 and 813, the petitioners have submitted F-line application seeking l-o conduct surwey and demarcation of the said iands. It is further stated that questioning the laying of road from the lands through the petitioners' land, W. P. No. 24255 of 2023 was hled. The grievance of the petitioners is that even after issuing the : i I I A 3 CVBR,J wP 24255 2023 and, wP 2','634 2024 , proceedings Lr'. N o. 27 64 I GTKR/ PI g/ HM D A I 2024 d at ecl 28 . O8.

2O24 the respondent aurthorities are not fixing the boundaries to the said lands as claime d bv them. 5. Consider':tl the submissions made by the learned c('unsel for the parties anc u,lth their consent this writ petition is di';posed of at the admission stage 6. lt is settl:d 1aw that mere conducting of survey doe" not take ar. vay the right of either of the parties, even after third parties are found in possession of the properties, the petitioners have to take appropriale steps for eviction of those persons, who are in occupation of tl're land. Conducting of mere survey does not create any ri61ht nor docs it take away any vested right in favour of the petitioners. t I 7. A perusal of the record u,ould shou' that acting on the F-Line ( , application submitted by the petrtioners, the respondent authorities have conducted the sur-vey and demarcation ol the land forming part of Sy. No. 796 to an extent of Ac. O1. OO 11ts. , and Ac. 01. 2O gts.

, situated at Venkatapuram, hamlet of Korrernula vi11age, Ghatker;ar Mandal and also localized the said landrs. wP 24255-2023 and wP 27634 2024 8. T1-ris Court, wlthout expressing any opinion on the merits of matters and since the petrtioners are the owners and possessors of the lands in Sy. No. 796 to an extent of Ac. O1. OO gts each and the road alleged to have been laid from the said lands, and it is stated that the respondent authorities are not fixing the boundaries in terms of the survey rcport, dated 28. 08. 2024, deems it appropriate to dispose of this writ petition directing the respondents to implement the sutwey report, dated 28. 08. 2024 by fixing and localizing the subject land with the boundaries. 9. With the above observations, both the writ petitions are disposed of Miscellaneous petitions, if any pending in this writ petition shall stand closed. No costs. SD/. V. THA ASSISTANT REGI R //TRUE COPY// SECTION OFFICER \ To, 1. The State of Telangana, rep.

by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Medchal-Malkajgiri District. 3. The Tahsildar, Ghatkesar Mandal, Medchal-Malkajgiri District. 4. The Secretary-cum- Correspondent Smt. Neelima Suryadevara, Gayatri Educational and Cultural Trust, H. No. B-2-293lB2lNGl32, Nandagiri Hills, Lane-3, Near Jubili Hills Check Post, Jubili Hills, Hyderabad. 5. The commissioner, Hyderabad Metropolitan Development Authority, Swarnajayanthi Commercial Complex, 4th floor, Ameerpet, Hyderabad. 6. One CC to SRI S. VIPLAV SIMHA REDDY, Advocate. [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl o Two CD Copies. BSK/BSK \ t I t HIGH COURT' DATED:0911212024 tHe 5 ;,(, '(' 7 O { (!. ( o t! r Dlc 2021 lf l { 1 o ,a/ 8S P;9;-1 r ': L fl ORDER wP. NO. 2425s OF 2023 & WP. NO. 27634 0F 2024 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS t

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.