P. Ramchandra Rao v. The State Of Telangana.
[ 3166 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRlT PETITION NO: 8707 OF 2025 Between:
P. Ramchandra Rao, S/o Raleshwar Rao, aged about 70 years, Occ Agriculture, R/o. Bodajanampet village. Balanagar [Vlandal, Mahabubangar District ...PETrroNER AND '1 . The State of Telangana, Rep. by its Principal Secretary Home Department. Secretariat, Hyderabad 2 The Station H6use Officer, Balanagar Potice Station. [\/ahabubnagar District
3. The Tahsildar, Balanagar fiilandal. Mahabubnagar District. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more partacularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent police in not providing police aid for conducting survey of the land of the petitioner in Sy. No.'l 1 1/A' admeasuring 2-05 guntas, 1 12lA, admeasuring 0-08 guntas, 1 1 3/E, admeasuring 0-14 guntas, 114lE, admeasuring 0-09 guntas, 1'15lE, admeasuring 0-37 guntas and 134tE, admeasuring Ac-1-12 guntas respectively total admeasuring Ac.
5-05 at Bodajanampet village, Balanagar Mandal, Mahabubnagar District, in pursuant to the letter dated 03-03-2025 addressed by the 3'd respondent, though the survey of the above land of the petitioner was held up due to the obstructions caused by the neighbours, as illegal, unlawful, contrary to law and consequently direct the 2nd respondent to provide police aid for conducting proper survey of the land of the petitioner in pursuant to the F-line petition and also as per the directions of the Honourable High Court in WP No.
- lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased ro issue interim order directing the 2nd respondent to provide police aid for conducting survey of the land of the petitioner based on F-line petition daled 27' Og-2024 and also in pursuant to the direction of the Hon'ble High Court in WP No.2738012024 in response to the letter addressed by the 3'd respondent dated 03.03.2025 and also in response to the representation dated 05.03.2025 of the petitioner, pending disposal of main Writ Petition. Counsel for the Petitioner: SRl. M. DAMODAR REDDY Counsel for the Respondent Nos. 1&2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No,8707 of 2O25 9BQEB:
i Heaid learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent NoS.l and 2 and learned Government Pleader for Revenue appearing for respondent N0.3, and perused the record.
7.
The case of the petitioner, in brief, is that though the 3.d respondent-Tahsildar had addressed a communication/letter dt.03.03.2025 to the 2nd respondent-SHo to provide police protection for conducting survey of the land of the petitioner in Sy.Nos.11UA admeasuring Ac.2.05 guntas,ILZ|A admeasuring Ac.0.0B guntas, 113/E admeasuring Ac.0.14 guntas, 114/E admeasuring Ac.0.09 guntas, 115/E admeasuring Ac.0.37 guntas and l34lE admeasuring Ac.1.12 guntas, in all totaling to Acs.5.05 guntas, situated at Bodajanampet Village, Balanagar Mandal, Mahabubnagar District, the 2nd respondent is not providing the required protection, which action of the 2nd respondent authority it is contended as highly illegal, arbitrary and dereliction of duties. 3.
Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 and 2 would submit that though the 2nd respondent authority has received letter dt.03.03.2025 from the Mandal Surveyor, Balanagar, no date has been mentioned in the aforesaid letter \\
for the authorities to provide porice aid for conducting the survey of the petitioner's land.
4.
Learned Government pleader further submits that if only the 3.d respondent issues advance intimation to the 2!d respondent authority informing the date of the said authority conducting the survey, necessary police aid would be provided.
5.
Learned Government pleader for Revenue appearing on behalf of the 3'd respondent submits that the authorities are ready and willing to undertake the survey of the petitioner's land on 21.04.2025, after issuing notice to the petitioner and the neighbouring land owners and as such the 2nd respondent may be directed to provide police aid for the authorities to undertake the exercise of conducting of survey on the said date. 6.
Learned Government pleader for Home appearing on behalf of respondent Nos.1 and 2 submits that ifthe 3'd respondent authority issues communication informing the aforesaid date of conducting of survey, the 2nd respondent authority will provide necessary police aid. I have taken note of the respective contentions urged. B.
Having regard to the submissions made as above, since, the 3'd respondent authority has now informed this court that the said authority wants to undertake survey of the petitioner,s land on 21.04.2025, this
Court is of the view that the 2nd respondent authority is to be directed to direct the concerned officials to provide police protection to undertake survey of the petitioner's land, as noted hereinabove, on the said date. However, it is made clear that the 3'd respondent shall address a communication to the 2nd respondent in advance informing the time of conduct of the survey on the said date i.e. 21.04.2025. 9.
Subject to above direction, the Writ Petition is disposed of. No order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
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/t HIGH COURT DATED:0810412025 J + f ,) 1 I AFfi 2ir5 .., c9."s
ORDER
WP.No.8707 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS **-6rlx