Chintakindi Ilenu vs Kavadi Linga Reddy
2023 Latest Caselaw 1870 Tel

           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

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.

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

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

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