Telangana High Court
Singireddy Venkat Reddy vs The State Of Telangana on 4 April, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.10148 of 2025
ORDER:
This Writ Petition is filed praying this Court to declare the
action of respondent No.4 in not considering the F-Line
application, dated 20.01.2025 for conducting survey and fixing
the boundaries in respect of the land admeasuring Ac.0.32
guntas in Sy.No.276/B, situated at Ellapur Village, Pegadapalli
Mandal, Jagitial District as illegal, arbitrary and contrary to the
provisions of the Telangana Survey and Boundaries Act, 1923
and consequently, prayed for other appropriate reliefs.
2. It is stated that the father of the petitioners by name
Singireddy Rajireddy had inherited the land admeasuring
Ac.1.04 guntas in Sy.No.276/B, situated at Ellapur Village,
Pegadapalli Mandal, Jagitial District from his ancestors and out
of the same, the land to an extent of Ac.0.12 guntas was
acquired by the Government for laying Ayakat Road which leads
from Gopalraopet to Ellapur Village and he was left with the
land admeasuring Ac.0.32 guntas. It is further stated that,
after the death of their father, the petitioners have succeeded to
the said property and they have partitioned the same and each
petitioner got Ac.0.08 guntas of land and their names were
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mutated in the revenue records and pattadar passbooks were
also issued in their favour under the provisions of the Telangna
Rights in Land and Pattadar Passbooks Act, 2020 (for short "the
Act 9 of 2020"). It is further stated that, when disputes arose
over the subject property, the petitioners were constrained to
institute a suit for bare injunction vide O.S.No.19 of 2018 on
the file of the I Additional Junior Civil Judge, Jagtial and after
contest, the said suit was dismissed vide judgment and decree,
dated 28.08.2024. It is further stated that aggrieved by the
same, the petitioners have filed an appeal vide A.S.No.449 of
2024 on the file of the Principal District Judge, Jagtial and the
same is pending. It is further stated that pending adjudication
of the appeal when the unofficial respondents are disputing the
boundaries, F-Line application, dated 20.01.2025, has been
made by the petitioners to conduct survey and to fix the
boundaries of the subject land. The grievance of the petitioners
is that even after receipt of the said F-Line application, the
respondent authorities did not consider the same.
3. Considered the submissions of the learned counsel for the
petitioner and Sri L.Ravinder, learned Assistant Government
Pleader for Revenue appearing for respondent Nos.1 to 4 and
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with their consent, this writ petition is being disposed of at the
admission stage. In view of the nature of relief sought for in
this writ petition, issuance of notice to the unofficial
respondents is dispensed with.
4. Learned counsel for the petitioners has vehemently
contended that pending adjudication of the suit, an Advocate-
Commissioner was appointed and when the Advocate-
Commissioner had proceeded for conducting of survey, the
Tahsildar-respondent No.4 has informed that tippons are not
available for the said survey numbers, and therefore, the survey
could not be conducted to enable the trial Court to come to a
proper conclusion whether the lands in Sy.No.276/2 as claimed
by the petitioners is correlated to the lands to Sy.No.275 as
claimed by the defendants in the suit.
5. Learned Assistant Government Pleader for Revenue has
submitted that aggrieved by the judgment and decree in
O.S.No.19 of 2018, an appeal has been filed. Learned Assistant
Government Pleader further submits that at the time of initial
conduct of survey, tippons are not available and now the
tippons are available and the petitioners are entitled to make an
appropriate application in the pending Appeal Suit and the
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Appellate Court, duly taking into consideration of the tippons
being available for conducting survey and fixing the boundaries,
pass appropriate orders in accordance with law.
6. In view of the above submissions and since the petitioners
have already filed A.S.No.449 of 2024 and the same is pending
before the Principal District Judge, Jagtial, this Court deems it
appropriate to dispose of this writ petition, granting liberty to
the petitioners to make appropriate application in the said
appeal suit seeking to conduct survey of the subject land and if
such an application is being filed by the petitioners, the
Appellate Court is directed to examine the same and pass
appropriate orders strictly in accordance with law.
7. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
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JUSTICE C.V.BHASKAR REDDY
04.04.2025
gkv
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