Telangana High Court
Syed Anwar And 2Others vs The State Of Telangana And ... on 7 November, 2022
Bench: K.Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.40681 of 2022
ORDER:
Heard learned counsel for the petitioners and
learned Assistant Government Pleader for Revenue.
2. The petitioners herein are claiming possession and
right over the land admeasuring Ac.0-13 gts in Sy.No.25/U1,
Ac.0-13 gts in Sy.No.25/U2 and Ac.0-12 gts in Sy.No.25/U3,
situated at Chinna Gottimukkula Village, Shivampet Mandal,
Medak District. When the unofficial respondents tried to
interfere with their possession over the aforesaid property,
petitioners have filed a suit vide O.S.No.32 of 2015 and the
same was decreed on 30.01.2019 by the learned Senior Civil
Judge, Medak. According to the learned counsel for the
petitioners, no appeal was filed against the said decree and
judgment and the same became final. The unofficial
respondents are also claiming that they are absolute owners and
possessors of land admeasuring Ac.0-39 gts in Sy.No.25 UU,
UU2, UU3, UU4, situated at Gottimukkula Village, Shivampet
Mandal, Medak District. They have filed a suit vide O.S.No.42 of
2015, against the petitioners, alleging that they are interfering
with the possession of unofficial respondents over the subject
property and the same was decreed by order dated 30.01.2021
by the learned Senior Civil Judge, Medak. According to learned
counsel for the petitioners, no appeal filed against the said
decree and judgment and the same became final. Therefore, at
the instance of unofficial respondents, the 8th respondent had
issued notices dated 23.03.2022, 06.09.2022 and 28.09.2022
proposing to conduct survey in respect of land in Sy.Nos.25, 32,
2A and 27. The petitioners herein have submitted their
objections dated 12.09.2022 with the 8th respondent. Despite
receiving and acknowledging the said objections, the 8th
respondent did not act upon the same.
3. Now, the grievance of the petitioners is that, 8th
respondent is proceeding with the survey without putting the
petitioners on notice and without affording them an opportunity
of hearing. Vide the aforesaid notice dated 27.10.2022, the 8th
respondent has proposed to conduct survey on 09.11.2022.
4. In view of the aforesaid discussion, this Writ Petition
is disposed of granting liberty to the 8th respondent to proceed
with the survey pursuant to notice dated 27.10.2022 by putting
the petitioners, respondent Nos.9 to 12 on notice and affording
them an opportunity of hearing. The 8th respondent shall
consider the aforesaid objections dated 12.09.2022 submitted
by the petitioners. He is further directed to conduct survey
strictly in accordance with law. Both the petitioners and
unofficial respondents shall cooperate with the 8th respondent
in concluding the aforesaid survey. On completion of the said
survey, 8th respondent shall submit report to 6th respondent
and also a copy to the petitioners as well as to unofficial
respondents. If the 8th respondent is not inclined to accept the
objections submitted by the petitioners dated 12.09.2022, he
shall assign specific reasons, pass a reasoned order and furnish
copy of the same to the petitioners herein and to unofficial
respondents 9 to 12. He shall complete the entire exercise
within a period of 45 days from the date of receipt of copy of this
order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in
the Writ Petition shall stand closed.
___________________
K. LAKSHMAN, J
Note: Furnish C.C today
November 07, 2022
SSY
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.40681 of 2022
November 07, 2022
SSY
