IMPORTANT POINT
The court established that jurisdictional authority must be adhered to strictly in land disputes, particularly under the Telangana Land Revenue Act.

ORDER :

Surepalli Nanda, J.

Heard Ms. K.Kalyani, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Revenue appearing on behalf of respondent Nos. 1 to 6, Mr. Mr.Rajagopallavan, Mr P.Srinivas, learned counsel appearing on behalf of respondent No.7, learned counsel appearing on behalf of respondent Nos.8 and 10, and Mr. K.V.Raman, learned counsel appearing on behalf of respondent No.11.

2. The Petitioner approached the Court seeking prayer as under :

“.....to issue appropriate writ, order or direction, particularly a writ of PROHIBITION restraining respondent no.3 from proceeding any further in review petition proceedings ie., Rc.No.A2/1234/2019 in case No.A2/1500/2018 filed by the respondent No.7 herein purportedly U/sec.166 of Telangana Revenue Act, 1317 Fasli pending before it OR IN THE ALTERNATIVE this Hon'ble court may be pleased to issue appropriate writ, order or direction, particularly a writ of MANDAMUS declaring the proceedings in review petition proceedings i.e., Rc.No.A2/1234/2019 in case No.A2/1500/2018 filed by the respondent No.7 herein purportedly U/sec.166 of Telangana Revenue Act, 1317 Fasli pending before respondent no.3 as without jurisdiction, illegal, contrary to T.S. Land Revenue Act, Survey and Boundaries Act, Violative of Article 14,21 & 300-A of the Constitution of India and issue consequential direction forbearing respondent No.3 from proceeding further in the matter and pass such other order or orders......”

PERUSED THE RECORD

3. The case of the Petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition, is as follows:

a) The Petitioner is the absolute owner and possessor of land admeasuring 3381.33 sq.yards and petitioner’s brother i.e., respondent No.11 is absolute owner of 3399.99 sq.yards in Sy.No.108 of Moosapet (Village) Kukatpally (Mandal), Ranga Reddy District. Thus, the petitioner and respondent No.11 are the owners of land to an extent of 6781.32 sq.yards. The petitioner’s brother (the 11th respondent) and petitioner executed a development agreement cum GPA in favour of respondent No.8 on 16.08.2012 and 14.08.2012 in respect of land admeasuring 6781.32 sq.yards.

b) It is the specific case of the petitioner that after the petitioner and respondent No.11 gave subject property for development and since work had commenced at the subject land site, respondent No.7 along with his other family members i.e., respondent Nos. 12 to 19 have been troubling the petitioner and petitioner’s brother i.e., respondent No.11 initiating one proceeding or the other before various authorities. Respondent no.7 along with their family members claimed to be the owner of the land to an extent of Ac. 1.36 gts in Sy.No.1011/10 of Kukatpally (village). In fact, they have no title over the subject land and their part of land have already been converted to villas and sold to third parties.

c) Respondent Nos. 7 and 16 herein and their other family members filed a complaint before the Lokayukta which was taken on file as case.No.1324/2015 on 29.04.2015. In the said complaint, Lokayukta directed the Deputy Commissioner, GHMC Circle-14, Kukatpally to conduct enquiry regarding location of structures made under permit, dated 14.10.2014 and if it comes within the boundary of Sy.No.108 or Moosapet (village) or Sy.No.1011/2010 of Kukatpally village to file a report to that effect. On 23.06.2015, the Lokayukta passed an order holding that investigation is to be done by the concerned GHMC or Revenue officials to ascertain under what circumstances the permission for constructions were granted and to enquire into allegations pertaining to adjoining land bearing No.1011/10 of Kukatpally village. Therefore, through orders dated 23.06.2015, respondent No.5 was directed to conduct full-fledged survey.

d) Subsequently, petitioner filed W.P.No.19919 of 2015 and the said Writ Petition was disposed of on 08.10.2015 directing the re