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2025 Supreme(Telangana) 149
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J SREENIVAS RAO, J.
Namburi Mukherjee Victor - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.15080 Of 2025
Decided On : 14-05-2025
Advocate Appeared:
For the Appellant : AKKAM ESHWAR
For the Respondent: GP FOR REVENUE
Court emphasizes adherence to principles of natural justice, requiring authorities to consider objections before conducting new surveys on agricultural land ownership disputes.
Headnote:(A) Constitution of India - Articles 14, 21, 300-A - Writ of Mandamus filed to declare the actions of authorities interfering with the petitioners' agricultural lands as illegal, arbitrary and in violation of natural justice. (Para 1)
(B) Principles of Natural Justice - Petitioners claimed that authorities conducted prior surveys which were final, asserting that new surveys without addressing objections violate due process. (Paras 6, 8, 10)
Facts of the case:
Petitioners claimed ownership of agricultural land totaling Ac.15.00 in Khammam District, with prior surveys establishing property boundaries. They contested new survey notices issued without due consideration of their objections.
Findings of Court:
The court directed the authorities to consider the objections submitted by the petitioners and abstain from any coercive actions while reviewing the objections.
Issues: The court addressed the authority of the respondents to conduct new surveys without resolving previous objections.
Ratio Decidendi: The court emphasized adherence to principles of natural justice, mandating proper consideration of objections before proceeding with new surveys.
Result: Writ petition disposed of with directions to respondents.
| Table of Content |
|---|
| 1. request for mandamus relief. (Para 1) |
| 2. disposal of writ petition and cost order. (Para 4 , 11) |
| 3. claim of property ownership and prior surveys. (Para 5 , 6) |
| 4. writ petition maintainability challenged. (Para 7) |
| 5. directions for considering objections and restraining dispossession. (Para 8 , 10) |
ORDER :
1. This writ petition is filed for the following relief:
“to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents Nos. 3 to 6 in frequently interfering and trying to dispossess the petitioners from their agricultural lands in Sy.Nos.222/A/AA/6, to an extent of Ac.5-00 gts, in Sy.No.222/s/s/1 to an extent of Ac.5-00gts, in Sy.No.222/A/AA/5 to an extent of Ac.5-00 gts, total admeasuring Ac.15-00 gts, situated at Erragunta Revenue Village, Vemsoor Mandal, Khammam District, under the guise of Survey, as illegal, arbitrary in violation of Articles 14, 21 and 300-A of Constitution of India, against the provisions of Surveys, settlements in Land Records and in violation of principles of natural justice and against all settled principles of law and consequently direct the Respondents Nos. 3 to 6 not to interfere and not to dispossess the petitioners from their agriculture lands in Sy.Nos.222/A/AA/6, to an extent of Ac.5-00 gts, in Sy.No.222/A/AA/1, to an extent of Ac.5- 00gts, in Sy.No.222/A/AA/5, to an extent of Ac.5-00 gts, total admeasuring Ac.15-00 gts situated at Yerragunta Revenue Village, Vemsoor Mandal, Khammam District……”
2. Heard Sri Akkam Eshwar, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 5.
3. During the course of hearing, learned counsel for the petitioners seeked to direct the respondents to consider the objections submitted by the petitioners dated 22.04.2025 and 26.04.2025 respectively to the notice issued by the respondent No.5 dated 16.04.2025.
4. In view of the same, the writ petition is disposed of at the stage of admission with the consent of both the parties and notice in respect of respondent Nos.6 and 7 is dispensed with.
5. The facts giving rise to filing of this writ petition briefly stated are that the petitioners claimed that they are owners of the agriculture land to an extent of Ac.15-00 covered by Sy.Nos.222/A/AA/6 
and 222/A/AA/5 situated at Erragunta Revenue Village, Vemsoor Mandal, Khammam District. The petitioners dug the bore well for cultivating the seasonal crops apart from eucalyptus, teak and red sandal trees, their names were mutated in the revenue records and also they are receiving Rythu Bhandhu/Rythu Bharosa.
6. Learned counsel for the petitioners submitted that the respondents authorities have already conducted the survey in the year 2018 as well as in the year 2024 and fixed the boundaries by way of panchanama dated 24.07.2024 and the same has become final at the instance of respondent No.7, respondent No.4 entertained the F-line application for fixing the boundary and the same is not permissible under law. Under the guise of survey at the instance of the unofficial respondent, respondent Nos.4 and 5 trying to dispossess the petitioners from the subject property and the same is gross violation of principles of natural justice.
7. Per Contra, learned Assistant Government Pleader for Revenue submitted that the writ petition filed by the petitioners is not maintainable under law. The petitioners have not questioned the survey notice issued by the respondent No.5 dated 16.04.2025 and 07.05.2025, hence the writ petition is not maintainable under law.
8. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are disputes between the petitioners and respondent Nos.6 and 7 in respect of the property covered by Sy.No.222 situated at Erragunta Revenue Village, Vemsoor Mandal, Khammam District. According to the learned counsel for th
