Telangana High Court
Smt. Aitharaj Alias Kachiraju Prameela vs The State Of Telangana on 12 February, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.3914 of 2025
ORDER:
This Writ Petition is filed praying this Court to declare the
action of respondent No.7 in issuing the survey notice, dated
30.01.2025, conducting survey on 12.02.2025 for fixation of
boundaries of the land in survey No.106 situated at Vajinepalli
Village, Chintalapalem Mandal, Suryapet District as illegal,
arbitrary and violative of the Articles 14, 15, 21 and 300-A of the
Constitution of India and consequently, prayed this Court for other
appropriate reliefs.
2. It is stated that the petitioner is the owner and possessor of
the agricultural land admeasuring Acs.21.10 guntas in Survey
No.106/A and Acs.9.06 guntas in Survey No.113 situated at
Vajinepalli Village. It is further stated that when the disputes
arose over the subject property, the petitioner has instituted a suit
for perpetual injunction against respondent Nos.8 and 9 vide
O.S.No.382 of 2021 on the file of the Junior Civil Judge,
Huzurnagar and the same was decreed vide judgment and decree,
dated 28.03.2024. It is further stated that respondent No.8 also
filed suit for perpetual injunction vide O.S.No.69 of 2022 and the
same is pending before the Junior Civil Judge, Huzurnagar.
CVBR, J
Wp_3914_2025
Thereafter, respondent No.8 also filed W.P.No.10951 of 2023 before
this Court and the said writ petition was disposed of by this Court
directing respondent Nos.2, 3, 4 and 6 therein not to dispossess
the petitioner from the subject land without following due
procedure laid down under law. The grievance of the petitioner is
that pending adjudication of the civil suit, an application seeking
to conduct survey of the subject lands is filed and acting on the
said application, the respondent authorities have issued the
impugned notice vide File No.C/398/2025, dated 30.01.2025 for
conducting survey of the subject land on 12.02.2025.
3. Considered the submissions of the learned counsel for the
petitioner and learned Assistant Government Pleader for Revenue
appearing for respondent Nos.1 to 7 and 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 petitioner vehemently contended
that pending adjudication of the civil suit, the respondent
authorities do not have any power or authority to conduct survey
on the application submitted by respondent No.9.
CVBR, J
Wp_3914_2025
5. Sri L.Ravinder, learned Government Pleader for Revenue, has
submitted that the impugned notice was issued in pursuance of
the orders passed by this Court in W.P.No.10951 of 2023, dated
20.04.2023. It is further stated that if the petitioner has any
grievance for conducting survey, pending adjudication of the suit,
she is at liberty to submit her objections/representation.
6. At this stage, learned counsel appearing for the petitioner
submitted that after receipt of the notice he has submitted
objections/representations duly informing the Survey Department
that civil suit is pending and pending adjudication of the civil suit,
respondent No.8 is not entitled for conducting of survey and even
otherwise also the petitioner and respondent Nos.8 and 9 are
entitled to make appropriate application in the pending suit for
conducting survey.
7. In view of the above submissions, this Court, without
expressing any opinion on the objections filed by the petitioner and
since it is stated that she has informed the Survey Department
about the pendency of the civil suit, deems it appropriate to
dispose of this writ petition directing the Deputy Inspector of
Survey to consider the objections submitted by the petitioner to the
impugned survey notice and pass a reasoned order on the said
CVBR, J
Wp_3914_2025
objection, within a period of two (02) weeks from the date of receipt
of a copy of this order. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
_________________________________
JUSTICE C.V.BHASKAR REDDY
12.02.2025
EDS/gkv
