THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon’ble High Court may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not conducting the survey and fixing the boundaries by way of sub division of the petitioner lands total admeasuring Ac. 2-33 gts comprising an extent of land Ac. 00-29 gts in Sy.No. 231/A/2, land Admeasuring Ac. 00-05 gts in Sy.No. 232/A/2, extent of Ac. 00-22 gts in Sy.No. 233/A/2 standing in the name of my vendor Nol. Nitin Kumar Agarwal and an extent of land Ac. 00-29 gts in Sy.No.231/AA/1 an extent of land Ac. 00-05 gts in Sy.No. 232/AA/1 and extent of land Ac. 00-23 gts in Sy.No. 233/AA/1 standing in the name of my 2^nd vendor Sunil Kumar Agarwal lying and forming part of Sy.No. 231, 232 & 233, situated at Tondapally village, Shamsahabad Mandal, Ranga Reddy district is illegal, arbitrary, contrary to the provision of Survey and boundaries Act and rules made there under and as well as violation fundamental rights guaranteed under the constitution of India and consequently direct the respondents to conduct the survey and fix the boundaries by way of sub division of the petitioner’s above said lands forthwith and pass such other order or orders as this Hon’ble High Court deemed it fit and proper in the circumstances of the case.”

2. It is stated that the petitioner is the absolute owner and possessor of the total extent of land admeasuring Acs. 2.33 guntas forming part of Survey Nos.231, 232 and 233, situated at Tondapally Village, Shamshabad Mandal, Ranga Reddy District (for short, ‘the subject land’), having purchased the same through registered Sale Deed bearing Document No.1945 of 2024 dated 19.12.2024. It is further stated that when the adjacent owners are causing inconvenience and obstruction of enjoyment of the petitioner over the subject land, the petitioner has made an F-line application on 01.03.2025 by complying with all the requirements as per the circular instructions issued by the Commissioner, Survey, Settlements and Land Records, Hyderabad vide circular Rc.No.N1/1408/07 dated 13.07.2007 seeking to conduct the survey. It is further stated that acting on the said survey, the respondents have issued notices vide File No.MS/14/2025 dated 24.02.2025 and 15.03.2025 to the petitioner as well as adjacent owners for conducting survey of the subject land. The grievance of the petitioner is that when the petitioner made an enquiry as to why survey has not been conducted on the scheduled date, the survey officials have informed the petitioner that the adjacent pattadars are obstructing and creating law and order problem. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Sri S.Satyam Reddy, learned Senior Counsel appearing for the petitioner contended that the petitioner is the absolute owner and possessor of the subject land having purchased the same under registered Sale Deed bearing Document No.1945 of 2024 dated 19.12.2024 and he has complied with all the requirements as per the circular instructions issued by the Commissioner, Survey, Settlements and Land Records, Hyderabad vide circular Rc.No.N1/1408/07 dt.13.07.2007 from time to time and the said application has been accepted by the respondents and notices dated

24.02.2025 and 15.03.2025 have been issued to the petitioner as well as adjacent owners of the subject land vide File No.MS/14/2025.

5. The above said facts have not been disputed by the learned Assistant Government Pleader for Revenue appearing for the respondents .

6. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785