Telangana High Court
Pittala Rajeshwari vs The State Of Telangana, on 14 October, 2024
HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.28324 OF 2024
ORDER:
This writ petition is filed praying this Court to declare the action of the respondents in interfering with the possession and enjoyment of the petitioners over their land admeasuring Ac.01-10 guntas in Survey No.139 situated in Kerelli Revenue Village, Dharur Mandal, Vikarabad District for formation of road to give access to the land in Survey No.137 from Hyderabad-Tandur Road, claiming the said land as gramakantam, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and also violation of the principles of natural justice and consequently prayed for appropriate reliefs.
2. Petitioner No.1 claims to be the owner and possessor of agriculture lands admeasuring Ac.0-05 guntas in Survey No.139E/2, Ac.0-03 guntas in Survey No.139E/1/1/2/2, Ac.0-09 guntas in Survey No.139AA/2, total admeasuring Ac.0-17 guntas, petitioner No.2 claims to be the owner and possessor of Ac.0-05 guntas in Survey No.139E/1/2, Ac.0-04 guntas in Survey No.139E/1/1/2/1/1 and Ac.0-08 guntas in Survey No.139AA/1/2, total admeasuring Ac.0-17 guntas and petitioner No.3 claims to be the owner and possessor of Ac.0-03 2 CVBR, J wp_28324_2024 guntas in Survey No.139E/1/1/2/1/2 Ac.0-05 guntas in Survey No.139E/1/1/1 and Ac.0-08 guntas in Survey No.139AA/1/1, total admeasuring Ac.0-16 guntas, having purchased under registered sale deeds vide document Nos.1886/2021 dated 07.10.2021, 1889/2021 dated 07.10.2021, 1892/2021 dated 07.10.2021, 1981/2021 dated 26.10.2021, 1986/2021 dated 26.10.2021 and 1983/2021 dated 26.10.2021.
3. It is the case of the petitioners that their names have been recorded in the revenue records and pattadar pass books and title deeds were issued in their favour and receiving the investment subsidies under Raithubandu scheme. It is also the case of the petitioners that when the land owners in Survey No.137 are interfering with their peaceful possession and causing inconvenience to them, they were constrained to institute a civil suit vide O.S.No.238 of 2024 on the file of the Junior civil Judge at Vikarabad on 04.07.2024 and the said suit is pending for adjudication.
4. It is the further case of the petitioners that the respondents without issuing any notice, at the instance of the defendants in O.S.No.238 of 2024 have taken up the survey for the lands forming part of Survey Nos.135 to 137 beside from Sy.No.139 and a report has been submitted by the Tahsildar, Dharur Mandal 3 CVBR, J wp_28324_2024 vide Lr.No.B/586/2024, dated 26.06.2024 to the Mandal Parishath Development Officer, Dharur Mandal, stating that as per the survey conducted by the Mandal Girdhawar, Dharur Mandal, there is a pathway adjacent from Survey No.139 approach to Survey No.137, 136, 135 of Kerrelly Village, since from last (100) years and the land adjacent to Survey No.139 is "Gramakhantam" land.
5. The grievance of the petitioners that the respondents without issuing any notice and without conducting any survey in the presence of the petitioners, are now under the guise of alleged survey making efforts to encroach their land for laying of the road.
6. Heard Sri Nadipally Ananda Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4.
7. Learned Assistant Government Pleader for Revenue has not disputed the letter addressed by the Tahsildar, Dharur Mandal vide Lr.No.B/586/2024, dated 26.06.2024. The said letter also not indicated the issuance of notice to the petitioners, who are the adjacent owners of survey No.139, having recorded the finding their lands are adjacent to Gramakantam land and while conducting the survey of the lands forming part of Survey Nos.135 4 CVBR, J wp_28324_2024 to 137, it is necessary to issue a notice to all the adjacent owners, who are having right and interest to raise any dispute or objection with regard to the survey being conducted by the respondents.
8. Keeping in view that the respondents have not issued any notice to the petitioners before conducting survey of the land forming part of survey Nos.135 to 137 and in view of submissions of the learned counsel for the petitioners that under the guise of the survey conducted by the Mandal Surveyor, the respondents are now making efforts to encroach upon their lands, the ends of justice would be met if the respondents are directed to conduct a fresh survey in the lands forming part of Survey Nos.135 to 137 and 139 and adjacent Government land and after localization of the petitioners land basing on the registered documents submitted by them, the respondents shall proceed for formation of the road.
9. In the said circumstances, with the consent of both the parties, this writ petition is disposed of, permitting the petitioners to make a F-Line application duly enclosing all the registered sale deeds under which they have purchased the property, for conducting of the survey at an early date. In the event, petitioners make F-Line application for conducting the survey, the respondents are directed to complete the survey within a period of 5 CVBR, J wp_28324_2024 one month from the date of making such application, after issuing notices to all the stakeholders of the lands, for which the respondents are proposed to conduct survey, and pass appropriate orders, in accordance with law and communicate the same to the petitioners. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_________________________________ JUSTICE C.V. BHASKAR REDDY Date: 14.10.2024 ns