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Telangana High Court · body

2025 DIGILAW 1588 (TS)

SRL Builders and Developers v. State of Telangana

2025-11-20

E.V.VENUGOPAL

body2025
ORDER : 1. This Writ Petition is filed under Article 226 of Constitution of India seeking the following reliefs:- “… to issue a writ order or direction particularly one in the nature of Writ of Mandamus, directing the respondents 3 & 4 to submit a detailed report before the 2 nd respondent in accordance with Letter No.F1/1631/2025 dated 27.09.2025 in respect of the land in Sy.No.295 admeasuring Ac.4-00 guntas situated at Mallampet village, Dundigal, Gandimaisamma Mandal, Medchal-Malkajgiri district and the land in Sy.No.297 admeasuring Ac.3-16 gts and Sy.No.81/2 admeasuring Ac.0-25 guntas situated at Bollaram village, Jinnaram Mandal, Sanga Reddy District for determination of location of afore said survey numbers, before consideration of building application submitted by the respondent Nos.6 & 7 by the 5 th respondent, and pass such other order or orders… …to direct the respondents 3 & 4 to consider for submission of a detailed report before the 2 nd respondent in accordance with Letter No.F1/1631/2025 dated 27.09.2025 in respect of the land in Sy.No.295 admeasuring Ac.4-00 guntas situated at Mallampet village, Dundigal, Gandimaisamma Mandal, Medchal-Malkajgiri district and the land in Sy.No.297 admeasuring Ac.3-16 gts and Sy.No.81/2 admeasuring Ac.0-25 guntas situated at Bollaram village, Jinnaram Mandal, Sanga Reddy District, at the earliest, pending disposal of the above writ petition and pass such other order or orders … … to direct the respondent No.5 not to issue Building construction permissions in favour of the 6 th & 7 th respondents, pending finalisation of dispute as to the location of survey numbers i.e., the land in Sy.No.295 admeasuring Ac.4-00 guntas situated at Mallampet village, Dundigal, Gandimaisamma Mandal, Medchal-Malkajgiri district and the land in Sy.No.297 admeasuring Ac.3-16 gts and Sy.No.81/2 admeasuring Ac.0-25 guntas situated at Bollaram village, Jinnaram Mandal, Sanga Reddy District by the 2 nd respondent, pending disposal of the above writ petition and pass such other order or orders …” 16 gts and Sy.No. 81/2 admeasuring Ac. 0-25 guntas situated at Bollaram village, Jinnaram Mandal, Sanga Reddy District by the 2nd respondent, pending disposal of the above writ petition and pass such other order or orders …” 2. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Ms.T.V.Sudha, learned counsel representing Mr.V.Narasimha Goud, learned standing counsel for H.M.D.A. appearing for respondent No.5. Perused the record. 3. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Ms.T.V.Sudha, learned counsel representing Mr.V.Narasimha Goud, learned standing counsel for H.M.D.A. appearing for respondent No.5. Perused the record. 3. Learned counsel for the petitioners submits that the petitioners are claiming the land admeasuring Acs.3.16 gts in Sy.No.297 and land admeasuring Ac.0.25 gts in Sy.No.81/2 situated at Bollaram Village, Jinnaram Mandal, Sanga Reddy District and the unofficial respondent Nos.6 and 7 are claiming the very same land stating that their land was admeasuring Acs.4.14 gts in Sy.No.295 situated at Mallampet Village; that on the applications made by petitioner No.23/Inturi Ramesh and respondent No.6/V.Manohar Rao, The Assistant Director, Survey and Land Records Sangareddy and the Inspector of Survey, Survey and Land Records, Medchal-Malkajgiri District, jointly conducted inspection and reported that Sy.Nos.81/2 & 297 of Bollaram Village, Jinnaram Mandal, Sangareddy District and Sy.No.295 of Mallampet Village falls in the disputed land between two (2) districts i.e., Mallampet Gandimaisamma-Dundigal Mandal, Malkajgiri-Medchal District and Bollaram Village, Jinnaram Mandal Sangareddy District; that respondent No.2 vide proceedings in Rc.No.F1/1631/2024, dated 27.09.2025 requested respondent Nos.3 and 4 to examine the issue and submit a detailed report in the matter. But no action has been taken so far. 4. He further contends that pending disputes as to the location of the afore said lands respondent Nos.6 and 7 submitted a building application before respondent No.5 for grant of permission for construction of building; that if respondent No.5 takes any action, the rights of the petitioners would be adversely effected. Therefore, he seeks to pass appropriate orders. 5. Learned counsel for respondent No.5 submits that the petitioners have not filed any material paper before this Court to show that respondent Nos.6 and 7 applied for construction permission. However, she states that if the petitioners have any grievance against respondent No.5, they are liberty to file objections if any before respondent No.5. She further contends that any directions passed against respondent No.5 in this Writ Petition, at this stage, is premature. Therefore, she seeks to dismiss the Writ Petition. 6. However, she states that if the petitioners have any grievance against respondent No.5, they are liberty to file objections if any before respondent No.5. She further contends that any directions passed against respondent No.5 in this Writ Petition, at this stage, is premature. Therefore, she seeks to dismiss the Writ Petition. 6. Learned Assistant Government Pleader for Revenue contends that the letter addressed to respondent Nos.3 and 4 by respondent No.2 is under consideration and that by following the due procedure as contemplated under law and considering the circulars issued by the Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923 from time to time, necessary survey would be conducted in respect of two (2) Villages i.e., Mallampet Gandimaisamma-Dundigal Mandal, Malkajgiri-Medchal District and Bollaram Village, Jinnaram Mandal Sangareddy District by the Assistant Director, Survey and Land Records, Sangareddy and the Assistant Director, Survey and Land Records, Medchal-Malkajgiri District. Therefore, he seeks to pass appropriate orders. 7. Having regard to the submissions of all the learned counsel and on perusal of the material available on record, this Court, without making any observations on the merits or demerits of the case, deems it appropriate to direct respondent Nos.3 and 4 to act upon the letter addressed by respondent No.2 vide proceedings in Rc.No.F1/1631/2024, dated 27.09.2025 and conduct survey of the two (2) villages i.e., Mallampet Gandimaisamma-Dundigal Mandal, Malkajgiri-Medchal District and Bollaram Village, Jinnaram Mandal Sangareddy District meticulously by fixing boundaries, issuing notices to all the interested parties, considering objections if any raised by all the concerned parties, as expeditiously as possible, strictly in accordance with law, with the help of village maps, tounch maps and all other relevant material and upon taking into consideration the relevant circulars issued by the Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923 from time to time i.e., Rc.No.N1/6543/99, dated 25.07.2001, Rc.No.N1/1408/07, dated 13.07.2007, and Rc.No.N2/1741 /2010, dated 18.05.2010 and pass appropriate orders. 8. With the above direction, this Writ Petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.