HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10545 of 2025

ORDER

This writ petition is filed seeking following relief:

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of respondent No.3 in issuing the impugned notification bearing No.B/167/2025, dated 03.04.2025 for the proposed alienation of the government land in favour of respondent No.4 with respect to an extent of Acs.152.00 guntas, situated at Pyaranagar Village, Jinnaram Mandal (presently Gummadidala Mandal), as illegal, arbitrary, against principles of natural justice, against the provisions of Article 300-A of the Constitution of India and violative of orders passed by this Court in W.P.Nos.35150, 35152, 35184, 35170 and 35187 of 2024, dated 13.12.2024 and 16.12.2024 and consequently set aside the same or for appropriate reliefs…”

2. It is stated that petitioner is the owner and possessor of agricultural lands in Sy.Nos.2అ/1, 16/ఆ 2, 17/లు, 24అ, 24, 25/అ, 26, 28/అ, 3అ/1 and 6ఇ, total admeasuring Ac.45.36 gts., situated at Pyaranagar Village, Gummadidala Mandal, Sangareddy District (erstwhile Medak District), having purchased the same under the registered sale deed bearing document No.633 of 1970, dated 04.07.1970. It is further stated that the name of the petitioner was mutated in revenue records and he was also issued pattadar passbook and title deeds under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “Act, 1971”) and also e-pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short “Act, 2020”). It is further stated that without following the due process of law, under the guise of ‘enjoyment survey’, the respondent authorities are trying to interfere with the possession of the petitioner and to allot the subject property for the purpose of Municipal Solid Waste Management Plant in Pyaranagar Village. It is further stated that the neighbouring owners and some other villagers have approached this Court vide W.P.No.35150 of 2024 and the same was disposed of on 13.12.2024 observing that:

“4. Since it is fairly submitted by the learned Senior Counsel for the petitioner that the petitioner has made an online application seeking to conduct survey and fix the boundaries and for demarcation of the subject lands and since it is the case of the petitioner that he is the pattadar and possessor of the subject lands and his name is also recorded in the revenue records as pattadar and possessor and since there is dispute with regard to the part of the lands adjacent to his lands, which were allotted to respondent No.10 and respondent No. 10 is making efforts to encroach upon the lands of the petitioner on the ground that the State has allotted land to an extent of Ac. 150.00 gts., to it, this Court without expressing any opinion on the right and entitlement of the petitioner over the subject lands and to put a quietus to the litigation, is of the opinion that the ends of justice would be met if the Assistant Director of Survey and Land Records in directed to conduct the survey and demarcation of the subject lands after issuing notice to the petitioner and all interested persons including Forest Department as the subject lands are adjacent to the forest land, on the expenses/costs being incurred by the petitioner for fixing boundary stones/kaddies, and furnish a copy of the survey report along with the Tonch map to the petitioner, within a period of two (02) months from the date of receipt of a copy of the order. However, if the petitioner is aggrieved with the said survey report, he is at liberty to avail the remedies as available under law. Till survey and demarcation as directed above is completed, both the parties are directed to maintain status quo over the subject lands in all respects.”

3. Mr.B.Chandrasen Reddy, learned Senior Counsel appearing for the petitioner submitted that the respondent autho