THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.2453 OF 2021

ORDER:

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

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the survey notice in File No.A5/689/2020, dated 29.01.2021 in conducting of the survey over the land in Sy.No.111 of Shayampet village, Kazipet Mandal, Warangal District, by fixing date of survey on 03.02.2021 at 11’o clock pending O.S.No.1087 of 2020 on the file of VI Additional Junior Civil Judge, Warangal as illegal and arbitrary and null and void and against the provisions of the survey settlement and land records Act and the same may be set aside and pass such order or orders...”.

2. The brief facts of the case are that the petitioners’ father purchased 200 square yards of open plot in Sy.No.110 of Shyampet Revenue Village through registered sale deed No.3637/1992, dated 09.09.1992. Out of the said land, an extent of 5.56 square yards was affected by road widening, leaving a balance extent of 194.44 square yards. Respondent No.5 claims to have purchased 123.66 and

618.33 square yards of vacant land in Sy.No.111/1 at Shyampet Village and alleging interference with his possession he filed O.S.No.1087 of 2020 before the VI Additional Junior Civil Judge, Warangal, seeking permanent injunction against petitioners No.1 and others.

2.1. Respondent No.5 falsely showed the schedule property with incorrect boundaries to claim that petitioners’ property is part of the vacant land which he has purchased. Noticing this, petitioners filed O.S.No.113 of 2020 before the VI Additional Junior Civil Judge, Warangal, seeking declaration and injunction basing on the registered sale deed No.3637/1992. Despite the said suit pending, respondent No.5 approached respondent No.4 to conduct a survey, who, in turn, issued notice on 31.12.2020 in File No.A5/689/2020. Though the petitioners informed respondent No.4 that the earlier notice dated 21.10.2020 issued for conducting survey was withdrawn due to the pendency of the suits between the petitioners and respondent No.5, the respondents without giving any response issued the impugned notice dated 29.01.2021 proposing to conduct survey of the land in Sy.No.111 by fixing date of survey is on 03.02.2021. It is further submitted that although the petitioners made a representation to the respondents requesting them not to conduct a survey over the suit schedule land, so far no action has been taken. Hence, the present writ petition.

3. Heard Sri J. Kanakaiah, learned counsel for the petitioners, and the learned Government Pleader for Revenue appearing for respondent Nos. 1 to 4. Perused the material available on record.

4. Learned counsel for the petitioners contends that it is an admitted fact that the parties to this writ petition are also parties in O.S.No.1087 of 2020 pending before the VI Additional Junior Civil Judge. He further contends that the suit has to be decided on merits, and conducting of survey prior to its disposal would lead to further complications and litigation. Therefore, he requests that the proceedings be allowed to continue and further seeks indulgence of this Court to set aside the impugned notice dated 29.01.2021.

5. Learned counsel for respondent No.5 submits that respondent No.5 also instituted a suit for injunction vide O.S.No.1087 of 2020 before the learned VI Additional Junior Civil Judge at Warangal, seeking permanent injunction against the petitioner No.1 and others, who are the defendants in the said suit.

6. Learned counsel for respondent No.5 further submits that an interim injunction has been granted in favor of the petitioners in O.S.No.113 of 2020 before the learned VI Additional Junior Civil Judge, Warangal. It is further submitted that if the survey is conducted by respondent No.3, no harm would be caused to the petitioners; rather, it would clarify the matters regarding Survey No.111/