THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON’BLE SMT. JUSTICE RENUKA YARA JUDGMENT (Per the Hon’ble Smt. Justice Renuka Yara)

Heard Sri B. Chandrasen Reddy, learned Senior Counsel representing Sri B. Vamshidhar Reddy, learned counsel for the appellant; Sri Katram Muralidhar Reddy, learned Government Pleader for Revenue, for respondent Nos.1 to 6 and Sri Parsa Ananth Nageswar Rao, learned counsel for respondent Nos.7 to 9. 2. This is an Intra-Court appeal preferred by the appellant/writ petitioner aggrieved by the order dated 06.01.2025 passed by a learned Single Judge in W.P.No.33496 of 2024, whereby, a direction was issued to respondent authorities to process the application submitted by respondent Nos.7 to 9 seeking to conduct survey of lands in Sy.Nos.270 and 304 of Ainapur Village, Komaravelly Mandal, Siddipet District.

Facts of the case:

3. The appellant filed W.P.No.33496 of 2024 to declare the action of respondent No.6 in issuing impugned notices bearing No.B/677/2024, B/678/2024 in File No.A3/595/2024, dated 18.11.2024 for conducting survey of land in Sy.Nos.304 and 270, situated at Ainapur Village, Komaravelly Mandal, Siddipet District, as illegal and consequently to set aside the same.

4. The appellant and his wife are the owners and possessors of agricultural lands to an extent of Ac.1.25 gts., in Sy.No.306/A/1, Ac.3.16 gts., in Sy.No.306/B, Ac.1.22 gts., in Sy.No.306/D, Ac.2.00 gts., in Sy No.306/E, Ac.0.02 gts., in Sy.No.307/A, Ac.3.00 gts., in Sy No.307/D, Ac.1.18 gts., in Sy.No.307/G, Ac.0.25 gts., in Sy No.307/H/2, Ac.0.18 gts., in Sy.No.308/A/1/3, total admeasuring Ac.14.24 gts., situated at Ainapur Village, Komuravelly Mandal, Siddipet District. The said lands have been purchased under various sale deeds in the year 2004. At the instance of respondent No.7, the respondent Nos.4 and 5 issued notices dated 11.07.2024 and 30.08.2024 proposing to conduct survey of lands in Sy.Nos.270 and 304, situated at Ainapur Village. Aggrieved by the same, the appellant has raised objections vide letter dated 22.07.2024 and also preferred a writ petition vide W.P.No.26127 of 2024 to set aside the said notices. This Court vide order dated 21.09.2024 directed respondent Nos.5 and 6 herein to consider the objections dated

22.07.2024 and conduct survey strictly in accordance with law by serving notices on all the interested parties.

5. In the interim, respondent Nos.7 and 8 criminally trespassed into the appellant’s property and caused damage of property worth Rs.2,50,000/-. In that regard, on the complaint lodged by the appellant, the police registered an FIR against respondent No.8 for the offences under Sections 329(3), 324(5) r/w 3(5) BNS. The appellant protected his land by erecting cement plate wall. Even then, when respondent Nos.7 and 8 are threatening to withdraw the criminal case and are making continuous efforts to grab the appellant’s property, the appellant and his wife filed the suit vide O.S.No.501 of 2024 on the file of the 1 Additional Junior Civil Judge, Siddipet seeking perpetual injunction against respondent Nos.7 and 8. Before filing of the said suit, respondent No.7 filed the suit vide O.S.No.474 of 2024 against the appellant and his wife seeking perpetual injunction with respect to land in Sy.No.304/B/1 to an extent of Ac.0.18 gts., land in Sy.No.270/G/1/1/1 to an extent of Ac.0.11 gts. and land in Sy.No.304/1 to an extent of Ac.0.10 gts., situated at Ainapur Village, Komuravelly Mandal, Siddipet District.

6. Pursuant to the order dated 21.09.2024 in W.P.No.26127 of 2024 passed by this Court, respondent Nos.5 and 6 issued the impugned notices dated 18.11.2024 for conducting the survey of lands in Sy.Nos.304 and 270, which are as follows:

Government of Telangana Office of Tahsildar, Komuravelli Mandalam Siddipeta District File No. A3/595/2024 B/678/2024 W.P.No.26127 of 2024 dt 18.11.2024 SURVEY NOTICE SUBJECT: Land measurements - fixing of boudnareis- siddipet district, komuravelli mandalam, Ayinapu