THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.33 OF 2022

ORDER:

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

“…..to issue an order direction, or writ, more particularly one in the nature of writ of mandamus, declaring the action of the official respondents in issuing proceedings dated 01.10.2021 vide file No.A5/572/2021 for conducting the survey of land in Sy.No.294 of Urus village, Khila Warangal Mandal, Warangal District without considering the petitioner and his family on standing cultivation and possession over the land and trying to dispossess the petitioner and his family from the land as illegal, void, arbitrary, against the principles of natural justice and direct authorities disposes the petitioner from his property, in the interest of justice and pass such other order or orders…”

2. Heard Smt. P.Sumalatha, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondents Nos.1 to 5.

Perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner and his son, Mr.B.Ranjit Kumar, are the absolute owners of agricultural land measuring Ac.1-00 guntas in Survey No.294, situated in Urus Village, Khila Warangal Mandal and District. They have been in continuous possession and enjoyment of the said land by cultivating it and eking out their livelihood. Their names have also been mutated in the revenue records, and the land details are reflected on the Dharani website. Respondent No.1 has also issued Digital Pattadar Passbooks in their favour.

4. Learned counsel for the petitioner further submits that respondent No.2 issued a survey notice vide dated 04.04.2006 in E2/99/2006, conducted a survey and confirmed that the petitioner is the owner, possessor, and pattadar of the said land. Again, respondent No.3 issued a survey notice vide dated 16.12.2006 in B3/99/2006, conducted a survey, and confirmed the same.

5. Learned counsel for the petitioner further also submits that respondent No.6, without having any right or title over the petitioner’s property, applied for a survey and fixation of boundaries before the respondent authorities. In response, respondent No.2 issued a notice vide dated 01.10.2021 in A5/572/2021 for conducting a survey and fixing the boundaries of the petitioner’s property. In the survey, it was confirmed that the petitioner’s family is in peaceful possession of the land.

6. Further, respondent No.6, being an influential person and taking advantage of the present market value of the lands in and around the petitioner’s property, made an application before respondent No.2 seeking a survey and fixation of boundaries to the petitioner’s land in Sy.No.294. Respondent No.2 directed respondents No.3 to 5 to conduct a survey of the land in Sy.No.294 and issued a notice vide dated 01.10.2021. On 05.10.2021, the respondent authorities conducted the survey and found that the petitioner’s family is the owner, possessor, and pattadar of the land. Aggrieved by the action of the respondents, the petitioner filed the present writ petition.

7. Learned counsel for the petitioner contended that without verifying the factual position, respondent No.2 entertained the representation made by respondent No.6. Pursuant thereto, respondent No.2 issued a notice vide dated 01.10.2021 in respect of Sy.No.94 for conducting a survey and fixing physical boundaries. Accordingly, the petitioner is seeking the relief as prayed for in the writ petition.

8. On the other hand, the learned Assistant Government Pleader for Revenue opposed the same and submits that the petitioner can always appear for the survey issued vide notice dated 01.10.2021. However, instead of participating in the said survey, the petitioner approached this Court. Hence, he prays that this Court dismiss the writ petition.

9. Having heard the learned counsel for the petitioner and the official respondents, this Co