THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35804 of 2025

ORDER:

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

“...to issue an order/direction or writ in the nature of Mandamus declaring the action of respondent Nos.3 to 7 more particularly respondent Nos.6 and 7 in issuing the impugned notice RC.No.B1/Dy.IOS/55/2025, dated 12.11.2025 in proposing to conduct the survey of the petitioner’s land in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District without considering the detailed objections submitted the petitioner dated 15.11.2025 as illegal and consequently direct respondent Nos.3 to 7 not to conduct any survey in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District under the impguned notice issued by respondent No.7, dated 12.11.2025 by duly considering the objections submitted by the petitioner dated 15.11.2025 or pass such other order or orders...”

2. Heard Mr. M.Janardhan Rao, learned counsel for the petitioner and Mr. L.Ravinder, learned Assistant Government Pleader for Revenue.

3. It is stated that the petitioner is the absolute owner and possessor of House bearing No.5-66/2/2 admeasuring 1500 sq.yards in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District. There are disputes between the petitioner and respondent No.8 with regard to the subject property and several criminal cases have been lodged against respondent No.8. Petitioner has also filed a suit in O.S.No.279 of 2025 on the file of the II Additional Junior Civil Judge, Mancherial, against respondent No.8 and another for perpetual injunction. Vide order dated 17.11.2025 in I.A.No.423 of 2025 in O.S.No.279 of 2025, learned trial Court granted temporary injunction in favour of the petitioner restraining respondent No.8 and another from entering and interfering with the peaceful possession and enjoyment of the petitioner over the subject property.

4. Suppressing the aforesaid facts, respondent No.8 made an application before respondent authorities with a request to conduct survey of the land in Sy.No.102 of Naspur Village and Mandal. Basing on the same, respondent No.7 has issued notice dated 12.11.2025 to the petitioner and adjacent land owners, fixing the date of survey on 17.11.2025. However, on 17.11.2025 the said survey was not conducted. Further, petitioner has submitted objections to respondent No.7 explaining all the aforesaid facts, including the fact that the subject property is now not an agricultural land and pendency of civil suit.

5. The grievance of the petitioner is that even then without considering the objections filed by the petitioner and without considering the fact that the land in Sy.No.102 is not an agricultural land, respondent authorities are trying to conduct survey. Under the guise of the said survey, respondent No.8 is trying to grab the subject property.

6. Learned counsel for the petitioner would submit that the subject property is not an agricultural land and the suit filed by the petitioner against respondent No.8 for perpetual injunction is pending for adjudication. Further, there is an interim injunction in favour of the petitioner before the trial Court. Therefore, prays this Court to direct respondent authorities not to conduct survey in the land of Sy.No.102 pursuant to notice dated 12.11.2025 issued by respondent No.7.

7. On the other hand, learned Assistant Government Pleader for Revenue, on instructions, would submit that basing on the application submitted by respondent No.8, respondent No.7 has issued notice dated 12.11.2025 to all the adjacent/neighbouring owners of the land in Sy.No.102 of Naspur Village, in accordance with the procedure laid down under law. He further submits that respondent No.7 will consider the objections submitted by the petitioner and conduct survey, in accordance with law, by putting the petitioner, respondent No.8 and all interested parties on notice and affording them an opport