THE HON'BLE SRI JUSTICE T. VINOD KUMAR
AND
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
WRIT APPEAL NO.548 OF 2023
JUDGMENT: (Per Hon'ble Sri Justice T. Vinod Kumar)
This Writ Appeal is filed by the appellant, with the leave of
the Court, against the order of the learned Single Judge in W.P.
No.42360 of 2022 whereby this Court while disposing of the
Writ Petition directed the 3rd respondent to consider the F-line
application filed by the petitioner dated 12.07.2022, to conduct survey of land admeasuring 35 guntas in Sy. No.276/1 situated at Bandaraviryal village, Abdullapurmet Mandal, Ranga Reddy District, and demarcate by fixing the boundaries strictly in accordance with law by putting the petitioner and all affected parties on notice.
2. Heard learned counsel for the appellant, learned Government Pleader for Revenue appearing for respondents 3 to 5 & 8, and the learned Government Pleader for Home appearing for the 6th respondent, and perused the record.
3. Appellant contends that the impugned order in the Writ Petition was obtained by the petitioners without making the appellant a party; and that the appellant became aware of the 2 said order passed by the Court only upon receiving notice issued by the 3rd respondent (i.e., the 2nd respondent in the Writ Petition) proposing to conduct survey on 16.05.2023 at 10:00 am.
4. Appellant further contends that the petitioner in the Writ Petition does not possess any land in Sy. No.276/1; that the appellant herein is the owner of the land to an extent of 20 guntas in Sy. No.276/6 and Ac.2.13 gts in Sy. No.276/8, totaling Ac.2.33 gts, situated at Bandaraviryal village, Abdullapurmet Mandal, Ibrahimpatnam, Ranga Reddy District and he has been issued with e-pattadar pass book by the Telangana Government with katha No.17; that the name of the appellant is also reflected in Dharani portal to the said extent of land; that the petitioner in the original Writ Petition had also suffered a decree passed by the competent Court of jurisdiction in O.S. No.313 of 2005; and that by suppressing the said facts, the Writ Petition has been filed and orders have been obtained therein for conduct of survey.
5. A perusal of the order passed by the learned Single Judge would indicate that the relief sought for by the petitioner therein was in relation to land admeasuring Ac.0.35 guntas in Sy. 3 No.276/1 situated at Bandaraviryal village, Abdullapurmet Mandal, Ranga Reddy District, to which the petitioner therein had made a claim as an absolute owner and possessor.
6. This Court while disposing of the above said Writ Petition directed the 3rd respondent to consider the F-line application filed by the writ petitioner therein on 12.07.2022 within 45 days from the date of receipt of a copy of this order. This Court further directed the 3rd respondent to put the petitioner and all affected parties on notice and afford them an opportunity of hearing before undertaking the exercise of survey for demarcation and fixing the boundaries of the land in Sy. No.276/1. Since, the appellant in the present Writ Appeal is the owner of land in Sy.No.276/6 and 8, it is incumbent on the part of the 3rd respondent to issue notice before conducting survey as directed by this Court and thus no fault can be found for issuance of such notice by the 2nd respondent in the Writ Petition No.42360 of 2022.
7. Since, the appellant apprehends that in the guise of the survey, the petitioner in the Writ Petition may lay a claim to the land of the appellant herein, it is made clear that the appellant herein can file his objections to the survey along with 4 material/documents before the 4th respondent herein (who is the 2nd respondent in the Writ Petition) with regard to his claim to the land in Sy. Nos.276/6 and 8 admeasuring Ac.2.33 gts in all, along with the copy of the order and decree dated 03.02.2006 in O.S. No.313 of 2005 passed in relation to the land in Sy. No.276/2 and 276/3/1 of Bandaraviryal village, Hayatnagar Mandal, Ranga Reddy District.
8. Subject to the above observations, the Writ Appeal is disposed of. No order as to costs.
9. Consequently, miscellaneous petitions pending, if any, shall stand closed.
___________________ T. VINOD KUMAR, J _________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 11.05.2023 MRKR 5 THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SRI JUSTICE G. ANUPAMA CHAKARAVARTHY WRIT APPEAL NO.548 OF 2023 11.05.2023 MRKR