THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.34643 of 2025

ORDER

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

“… to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the Deputy Inspector of Survey, Survey & Land Records, Jangaon Revenue Division, 4^th respondent herein, in conducting survey dated 02-02-2024 without issuing any notice to the Petitioner herein in File No. F/1755/2023 in respect of survey number 334 and fixing the boundary stone for lands situated in Sy No's.334, 383, 396 & 400 situated at Jangaon Village & Mandal, Jangaon District as illegal, arbitrary, improper and in violation of Article 300-A of the Constitution of India and consequently set aside the survey report dated 02-02-2024 in File no. F/1755/2023 in respect of Survey Number 334 of Jangaon Village & Mandal, Jangaon District, in the interest of justice and pass such other or further orders …”

2. Heard Mr.M.Amarnath, learned counsel representing Mr.Ashok Reddy Kanathala, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4. Perused the record.

3. The brief facts of the case are that the petitioner is the absolute owner and possessor of the agricultural land admeasuring Ac.1-20 guntas in survey No.383/E/4 through a registered sale deed bearing document No.1048 of 2002, dated 22-06-2002 and an extent of land admeasuring Ac.1-03 guntas in survey No.383/E/5 through a registered Gift settlement Deed bearing document No.10770 of 2018 dated 03-11-2018; that the revenue authorities issued old pattadar passbook and also e-passbook bearing pass book No. T23060180129 vide Khata No.537 in favour of the petitioner herein for above mentioned lands; that the above-mentioned land is converted from agricultural to non-agricultural purpose vide Nala proceedings No.2100295520, dated 31-03-2021; that some third parties, claiming to be the plot purchasers in adjacent Survey No.400/A situated at Jangaon Village & Town tried to encroach the land of petitioner herein; that the petitioner filed Suit for Perpetual Injunction in O.S. No.623 of 2024 on the file of the learned Principal Junior Civil Judge, Jangaon (for short, “the trial Court”) seeking to restrain the defendants therein from interfering into the lands of the petitioner; that the trial Court granted ex-parte interim injunction on 30-09-2024 and the same is subsisting till today; that in spite of the grant of interim injunction respondent Nos.6 to 10, tried to encroach into the lands of the Petitioner in Sy.No.383; that on 02.02.2024 respondent No.4 conducted survey in respect of land in Sy.No.334 and demarcated boundaries to the land in survey Nos.334, 383 and 400; that respondent No.4 without issuing any notice to the petitioner, who is the adjacent land owner in Sy.No.383 demarcated land in Survey No.334 situated at Jangaon Village & Town and fixed the boundary stones between Sy Nos.334, 383, 396 and 400. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that in the guise of survey dated 02.02.2024, respondent Nos.6 to 10 are trying to encroach upon the lands of the petitioner herein in Sy.No.383, which is illegal. He further states that the petitioner is a necessary party to the survey conducted by respondent No.4 and that the petitioner was not put to any notice by the official respondents. Therefore, he seeks to set aside the survey report dated 02.02.2024 in File No.F/1755/2023 in respect of survey No.334 and pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue contends that if at all the petitioner is aggrieved by the survey he is at liberty to avail the remedies as available under law; that instead of exhausting his remedy, the petitioner rushed to thi