THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.34402 of 2025

ORDER

This writ petition is filed seeking the following prayer:

“…to issue a Writ of Mandamus declaring the inaction of the Respondent No.3 in not considering the notice dated 06.11.2024 and 12.06.2025 to provide Mandal Surveyor for the execution of the warrant of Commission in pursuant to the orders passed in I.A. No.122/2024 in O.S. No.276/2010, dated 03.09.2024 on the file of Hon’ble XI Addl. District and Sessions Judge, Ranga Reddy District at L.B.Nagar as illegal, arbitrary, unauthorized and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the official Respondent No.3 to consider the notice dated 06.11.2024 and 12.06.2025 given by the Petitioners…”

Heard learned counsel for the petitioners and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 3. Perused the record.

2. Learned counsel for the petitioners would fairly submit that petitioner No.1 is party before the civil Court in O.S. No.276 of 2010 on the file of the learned XI Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, which was filed for suit for partition and a preliminary decree has been passed by the said civil Court.

Vide order dated 03.09.2024 in I.A. No.122 of 2024 in O.S. No.276 of 2010, an Advocate Commissioner has been appointed under Order XXVI Rule 9 read with Section 191 of C.P.C, 1908 for the purpose of partitioning the suit schedule properties by metes and bounds in terms of preliminary decree with the assistance of Mandal Surveyor with reference to the title documents of the petitioner by taking necessary photographs and videography and execute the process. He would submit that despite the warrant has been issued by the said Court on 03.09.2024, more than one year has been lapsed, no action has been taken by the Mandal Surveyor so far though their duty bound to implement the order passed by the trial Court. He would further submit that since the regular Presiding Officer is not functioning in the said Court, the petitioner has left with no option, filed this writ petition.

3. Learned Assistant Government Pleader for Revenue would submit that if the petitioner is aggrieved, he ought to have approached the civil Court where the petitioner is party in O.S. No.276 of 2010. To implement the order passed by the civil Court in O.S. No.276 of 2010, approaching this Court is nothing but illegal and against the procedure established by law. Hence, he would seek to dismiss this writ petition.

4. Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and upon careful examination of the materials placed before this Court, this Court is of the considered opinion that the petitioner has approached this Court under misconception seeking direction to the official respondent No.3, under whom the Mandal Surveyor stated to have been functioning. As per the statutory provision, the petitioner ought to have approached the civil Court. However, since it has been submitted that the Presiding Officer is not functioning in the said Court, this Court deems it appropriate to direct respondent No.3 to consider the case of the petitioner to implement the order passed by the learned trial Court and pass appropriate order strictly in accordance with law as expeditiously as possible.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall also stand closed.

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JUSTICE E.V.VENUGOPAL

Date: 13.11.2025.

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