THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.3032 of 2023

ORDER:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to issue writ or direction more particularly one in nature writ of Mandamus by directing the Respondent No.5 and 6 to conduct the survey in respect of land admeasuring Ac.0.27 cents, in survey No.249/A, situated at Koutala village and mandal, Khagaz nagar Revenue Division, Kumaram Bheem Asifabad District, Telangana State in pursuance of the application dated 12/02/2020 and pass such other order or orders the

interest of justice…”

2. Heard learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for

respondents. Perused the record.

3. When the matter is taken up for consideration, learned counsel for the petitioner submitted that the petitioner made an application dated 12.02.2020 to respondent No.6 seeking survey and demarcation of the land admeasuring Ac.0.27 cents, in Sy.No.249/A, situated at Koutala Village and Mandal, Khagaz Nagar Revenue Division, Kumaram Bheem Asifabad District. However, instead of conducting survey by following due process

of law, respondent No.6 issued an Endorsement dated 26.06.2021 stating that “the side pattadar objected to do survey, serious dispute regarding possession”. Learned counsel contended that the action of respondent Nos.4 to 6 in issuing such Endorsement is highly illegal, arbitrary and contrary to the statutory duty of the revenue authorities, who are obligated to process survey applications by issuing notice to concerned parties and conducting appropriate enquiry. Learned counsel further contended that mere objection by another party cannot be a ground to refuse survey, and therefore, seeks a direction to respondent Nos.5 and 6 to conduct survey and fix boundaries in respect of the subject property in pursuance to the petitioner’s application dated 12.02.2020.

4. Learned Assistant Government Pleader for Revenue, on the other hand, submitted that the Endorsement dated 26.06.2021 was issued as there are objections from neighbouring pattadars and there appeared to be a dispute regarding the possession. He submitted that when civil disputes exist, the revenue authorities cannot undertake survey until the parties’ rights are clarified.

However, he fairly submitted that the authority would act in accordance with law, if directions are issued by this Court.

5. Having regard to the submissions of both the learned counsel and upon considering the material available on record, this Court is of the opinion that the endorsement dated 26.06.2021 neither disclose any proper reasons nor it reflect that the authority considered the petitioner’s representation in accordance with law. If objections exist, the proper course for the authority is to issue notice to all concerned parties, hold an appropriate enquiry, and thereafter pass a reasoned order. Therefore, this Court is inclined to dispose of the Writ Petition by directing respondent Nos.5 and 6 to consider and pass an appropriate reasoned order on the petitioner’s representation dated 12.02.2020, strictly in accordance with law, after issuing necessary notices to the petitioner and all interested parties and affording them sufficient opportunity of hearing, as expeditiously as possible.

6. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE E.V.VENUGOPAL Date: 26.11.2025 pld