THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.11917 of 2025

ORDER :

This Writ Petition, filed under Article 226 of the Constitution of India, seeks the following relief:

“…to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by Respondent No.2 vide A3/1567/2022 dated 29.12.2022, and the consequential proceedings D2/17/2023 dated 05.01.2023, insofar as they show the petitioner’s lands in the names of Respondent Nos.8 to 12, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to the principles of natural justice, and consequently set aside the same and pass such other orders as this Hon’ble Court may deem fit and proper.”

2. Heard Sri M. Arun Kumar, learned counsel for the petitioner, Sri L. Ravinder, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 5, Sri P.Bhaskara Rao, learned counsel for the respondent Nos.6 and 7, Sri T. Surya Satish, learned counsel for respondent No.10, Sri M.Srikanth, learned counsel appearing for respondent Nos.13 and 14 and learned counsel appearing for respondent Nos.15 and 16. The record has been perused.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring Acs.2.14 guntas, comprising Ac.1.03 guntas in Sy.No.398/A, Ac.0.27 guntas in Sy.No.400/A, Ac.0.06 guntas in Sy.No.402/A and Ac.0.18 guntas in Sy.No.402/A1/1, situated at Kondakal Village, Shankarpally Mandal, Ranga Reddy District. The petitioner purchased the said land under a registered sale deed bearing Document No.1887/2008 dated 03.04.2008. Her name was duly mutated in the revenue records and pattedar passbooks and title deeds were issued. She has been in peaceful possession since the date of purchase.

4. It is alleged that respondent No.6, an adjoining landowner, unlawfully encroached upon Acs.20.12 guntas of Government land as well as portions of private patta lands and constructed a compound wall, thereby obstructing the petitioner’s ingress and egress. On the petitioner’s request, a survey was conducted by the Deputy Inspector, Chevella Division. The Deputy Director reported that respondent No.6 had encroached upon the said extent of Government land.

5. Respondent No.6 also threatened private patta holders, including the petitioner, compelling them to sell their lands at throwaway prices. The petitioner filed O.S.No.55 of 2009 before the learned Senior Civil Judge, Vikarabad, for injunction. Earlier, respondent No.7 filed O.S.No.87 of 2007 seeking perpetual injunction, which was dismissed on 28.08.2014. The appeal A.S.No.49 of 2014 was also dismissed on 04.04.2019. In view of the dismissal of the said suit and appeal, the petitioner withdrew O.S.No.55 of

2009.

6. Since no action was taken by the official respondents regarding the encroachments, the petitioner filed W.P.No.10863 of 2014. Respondent No.4 filed a counter affidavit therein. This Court, by order dated 04.03.2024, directed respondent No.5 to complete the proceedings initiated under Section 7 of the A.P. Land Encroachment Act, 1905 and pass orders in accordance with law. Though the petitioner communicated the order to respondent No.4 on 05.03.2024, no steps were taken. While contemplating contempt proceedings, the petitioner learnt that respondent No.2 had issued proceedings A3/1567/2022 dated 29.12.2022 under Sections 87 and 90 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli, purporting to correct village boundaries of Kondakal and Mokhila villages and allotting new Survey No.555 to an extent of Acs.148.03 guntas, which included the petitioner’s land and reflected portions of it in the names of respondents 8 to 12.

7. The petitioner relies on the order dated

04.08.2021 passed by this Court in W.P.(PIL).No.198 of 2020, wherein this Court directed all District Collectors to conduct exhaustive surveys, maintain registers of Government land with geo-mapped