THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.25053 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...pleased to issue a Writ of Mandamus any other

appropriate Writ, Order or Orders, Direction or Directions to declare the action of the Respondent No.4 in conducting survey and demarcation conducted on 08.08.2025 in pursuance to Notice, dt.04.08.2025 in File No.G/3437/2025 at the instance of the Respondent 5 and 6 without notice to the petitioner, as illegal, arbitrary and unconstitutional and to set aside the same and to direct the Respondents 3 and 4 to act in accordance with

law and pass...”

2. Heard Sri Vedula Srinivas, learned Senior Counsel representing Ms. Vedula Chitralekha, learned counsel for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4 and 7 and Sri P.V.Krishnamachary, learned counsel appearing for

respondent Nos.5 and 6 and perused the record.

3. Learned Senior Counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner, and possessor of land to an extent of Acs.4.11 Gts, in

Sy.No.59 of Mamidipally Village, Balapur Mandal, Badangpet Municipality, R.R.District, having purchased the same under the registered Sale Deed bearing document No.366/2020, dated 05.07.2019. Since the date of purchase, the petitioner is in peaceful possession of the subject property. The vendor of the petitioner M/s. Patel Engineering Ltd., got the land converted from Agriculture to Non-Agriculture under the proceedings of RDO, Balapur in Proceedings No.L/2225/08, dated 30.07.2008. The petitioner has applied for a layout for conversion of the land into plots, and the same was sanctioned by HMDA in Draft Layout Proceedings No.000006/LO/Plg/HMDA/2021, dated 04.01.2021 and thereafter, the final Layout proceedings was issued in No.000033/LO/Plg/HMDA/2023, dated 05.09.2023. The petitioner has fulfilled the conditions pertaining to the development of plots in the layout and the said draft layout as well as the final layout were forwarded by the HMDA to the Badangpet Municipal Corporation and the said local body has released the same to the petitioner in proceedings No.G1/TPS/118/2021, dated 25.02.2021 and G1/TPS/2250/2023, dated 18.04.2024.

4. It is submitted that there is 150 feet Airport Cargo Road running from Jalpally to Shamshabad Airport and the said road passes abutting the land of the petitioner. On the other side of the road Sy.No.306, is situated in the Village Mamidipally, Balapur Mandal, R.R.District. Respondent Nos.5 and 6 are alleged to own some land in Sy.No.306, which is situated on the other side of the Airport Cargo Road and it has nothing to do with the land in Sy.No.59 belonging to the petitioner. Respondent Nos.5 and 6 have been interfering with the land of the petitioner though they do not own any property in Sy.No.59 and there is Airport Cargo Road in between the land of the petitioner and respondent Nos.5 and 6.

5. In order to resolve the dispute and to avoid the high- handed encroachment of respondent Nos.5 and 6, the petitioner has approached the P.S. Pahadi Shareef and at the instance of the Police, the respondent Nos.5 and 6 also have appeared before the Police in the month of August, 2022. Defendant No.1 submitted a letter to the Police stating that let the properties of both the parties be surveyed by the Assistant Director, Survey and Land Records Department, R.R.District and they will abide by the result of the survey. Thereafter, the petitioner approached the A.D. S & LR, R.R. District requesting for a survey of the lands in Sy.No.306 & 59 of Mamidipally Village. The A.D Survey has taken place on 10.10.2022 and the identification and demarcation of the lands in Sy.No.306 & 59 of Mamidipally Village has taken place and a sketch was prepared and Panchanama was also prepared by the office of A.D. Survey. There is a road running between the Sy.No