Telangana High Court

Kandala Ranga Reddy vs Baddam Anuradha on 7 May, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

        HON'BLE MRS. JUSTICE SUREPALLI NANDA
                                AND
      HONOURABLE SRI JUSTICE J. SREENIVAS RAO


               WRIT APPEAL No.554 OF 2025

JUDGMENT:

(Per the Hon'ble Mrs. Justice Surepalli Nanda)

Heard Sri Katika Ravindar Reddy, learned counsel

appearing on behalf of the appellants, Sri N.V. Anantha

Krishna, learned counsel appearing on behalf of

respondent Nos.1 and 2, learned Assistant Government

Pleader for Home, appearing on behalf of respondent

Nos.3 to 5 and learned Assistant Government Pleader

for revenue, appearing on behalf of respondent No.6.

PERUSED THE RECORD:-

2. The appellants in the present Writ Appeal are

respondent Nos.5 to 8 in W.P.No.19428 of 2024 and

the present Writ Appeal is preferred seeking prayer as

under:-

"to set-aside the impugned order passed by the learned single judge Justice Sri B.Vijaysen Reddy

in WP.No.19428/2024, dated 20.02.2025, and to pass any such other order...."

3. The said Writ Petition No.19428 of 2024 had been

filed by the respondent Nos.1 & 2 in the present Writ

Appeal seeking prayer as under:-

"....to issue a Writ of Mandamus or any other appropriate Writ order or direction declaring the impugned action of the 3rd Respondent in not visiting the scene of offence despite registering the Crime No. 467/2024 and Crime No. 552/2024 against Respondents 5 to 7 and others who are threatening to cause harm and eliminate the Petitioners and their men and obstructing from fixing the boundary pillars and fencing wire along the boundary line on four sides of their land strictly according to the boundaries fixed by the Mandal surveyor functioning under Respondent No.4 without following due process of law as illegal arbitrary and violative of principles of natural justice etc and consequently direct the 3rd Respondent to visit the scene of offence as stated in the Crime No. 467/2024 and Crime No. 552/2024 on his file and protect the Petitioners from the hands of Respondents 5 to 7 and others and grant..."

4. The Writ Petition No.19428 of 2024 was disposed of

finally vide its order dated 20.02.2025 and the relevant

portion of the said order in particular para Nos.6 and 7

are extracted hereunder:

"6. On perusal of the survey report, it appears that notice dated 24.04.2024 has been issued to all the interested persons including respondents No.5 to 8 and there is no denial that the survey report has not been challenged by the respondents No.5 to 8.

7. In the circumstances, without entering into the merits of the case, this writ petition is disposed of directing respondent No.4 to place a requisition before respondent No.3 for grant of Police aid to fix boundaries as per survey report. This exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order. It is made clear respondents No.5 to 8 are always at liberty to agitate the survey and consequential proceedings including demarcation/fixing of boundaries in O.S. No.506 of 2024 and O.S. No.568 of 2024 before the trial Court. There shall be no order as to costs.

DISCUSSION:-

5. The learned counsel appearing on behalf of the

appellants mainly puts-forth the following

submissions:-

i) The appellants in the present Writ Appeal were not put on

prior notice and the alleged survey of the subject lands

conducted was behind the back of the appellants without the

appellants participating in the said survey and therefore the

appellants are entitled for the relief as prayed for in the

present Writ Appeal.

ii) This Court in its order, dated 20.02.2025 passed in

W.P.No.19428 of 2024 went wrong in directing respondent

No.4 to place requisition before respondent No.3 for grant of

police aid to fix boundaries as per survey report, without

taking into consideration, the pendency of civil suits between

the parties, and the fact that the disputed questions of fact

cannot be gone into under Article 226 of the Constitution of

India.
iii) Based on the false and fabricated survey report, the

respondent Nos.1 & 2 herein are trying to dispossesses the

appellants from the subject lands, which had been in their

possession for the last five decades and are further trying to

change the boundaries as well as the nature of land, which is

not permissible.

Based on the aforesaid submissions, the learned

counsel appearing on behalf of the appellants

contended that the appellants are entitled for the relief

as prayed for.

6. The learned Assistant Government Pleader for

revenue appearing on behalf of respondent No.6 on the

other hand mainly puts-forth the following

submissions:-

i) The order impugned, dated 20.02.2025 passed in W.P. No.

19428 of 2024, warrants no interference in the present Writ

Appeal.

ii) The order, dated 20.02.2025 passed in W.P.No.19428 of

2024 had already worked out on its own and therefore, the

present Writ Appeal has become infructuous.

iii) Since the appellants herein already preferred an appeal,

dated 05.05.2025 and also represented through

representations, dated 28.04.2025 & 02.05.2025 addressed

to the Deputy Inspector of Survey, Revenue Divisional Office,

Ibrahimpatnam Division and Mandal, Ranga Reddy District

seeking setting-aside of the report issued by the Mandal

Surveyor, Abdullapurmet Mandal, on the ground that no prior

notices had been issued to the appellants and the adjacent

land owners and further requested to conduct resurvey of the

subject lands situated in Sy.No.89 of Koheda Village,

Ibrahimpatnam Division, Abdullapurmet Mandal, Ranga

Reddy District, the remedy of the appellants lies elsewhere.

Based on the aforesaid submissions, the learned

Assistant Government Pleader for Revenue appearing

on behalf of the respondent No.6 sought for dismissal

of the present Writ Appeal.

CONCLUSION:-

7. A bare perusal of the record clearly indicates that

the appeal, dated 05.05.2025, (marked as material

document Ex:P2 by the appellants herein in support of

the present Writ Appeal) had been preferred by the

appellants herein aggrieved against the survey report

issued by the Mandal Surveyor, Abdullapurmet Mandal

to the Deputy Inspector of Survey, Revenue Divisional

Office, Ibrahimpatnam Division and Mandal,

Rangareddy District, seeking setting-aside of the

survey report issued by the Mandal Surveyor,

Abdullapurmet Mandal and further, requesting conduct

of resurvey of subject lands in Survey No.89 of Koheda

Village, Ibrahimpatnam Division, Abdullapurmet

Mandal, Rangareddy District having been

acknowledged by the office of the Revenue Divisional

Officer, Ibrahimpatnam Division and Mandal,

Rangareddy District on 05.05.2025 itself and therefore,

at this stage, this Court opines that the order

impugned, dated 20.02.2025 passed in W.P.No.19428

of 2024 had already worked out on its own and the

same warrants no interference.

8. At this stage, the learned counsel appearing on

behalf of the appellants submits that the Writ Appeal

could be disposed of directing the Deputy Inspector of

Survey, Revenue Divisional Office, Ibrahimpatnam

Division, and Mandal, Rangareddy District to dispose of

the appeal, dated 05.05.2025 preferred by the

appellants herein, duly considering the appellants'

earlier representations, dated 28.05.2025 &

02.05.2025.

9. This Court opines that the said submission of the

learned counsel appearing on behalf of the appellants

cannot be considered by this Court for two reasons,

firstly, the said relief is beyond the scope of the

present Writ Appeal, since the said relief had not been

pleaded by the appellants in their pleadings in the

present Writ Appeal, and secondly, in view of the fact

as borne on record that the Deputy Inspector of

Survey, Revenue Divisional Office, Ibrahimpatnam

Division and Mandal, Rangareddy District had not been

impleaded as party respondents either in

W.P.No.19428 of 2024, filed by the respondent Nos.1 &

2 in the present Writ Appeal, nor had been impleaded

in the present Writ Appeal seeking leave of this Court

by the appellants herein i.e., respondent Nos.5 to 8 in

W.P.No.19428 of 2024.

10. Taking into consideration:-

a) The aforesaid facts and circumstances of the case.

b) The submissions made by the learned counsel appearing on behalf of the appellants and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.6.

c) The impugned order, dated 20.02.2025 passed in W.P.No.19428 of 2024(referred to and extracted above)

d) The fact that the order, dated 20.05.2025 passed in W.P.No.19428 of 2024 had worked out on its own.
e)    The order impugned, dated 20.02.2025 passed
      in   W.P.No.19428      of       2024,   warrants   no
interference at this stage since, it is a fact as borne on record that the appellants had already preferred an appeal, dated 05.05.2025 before

the competent Authority against the survey report issued by the Mandal Surveyor, Abdullapurmet Mandal and the same had even been acknowledged by the said office.

The Writ Appeal is accordingly, dismissed,

giving liberty to the appellants to pursue the

remedies as are available under law. However,

there shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

______________________________________ MRS. JUSTICE SUREPALLI NANDA,

__________________________ JUSTICE J. SREENIVAS RAO

07.05.2025 Note: Issue CC by today b/o Skj