AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Appeal is filed assailing the order dated 09.02.2026 passed by the learned writ Court, in Writ Petition No.3825 of 2026.
Learned counsel for respondent Nos.1 and 2/writ petitioners has drawn the attention of this Court to the description made in the writ affidavit as regards the subject property to submit that the writ petitioners have substantial chunks of land admeasuring Acs.10.36 guntas and Acs.10.00 in Survey Nos.76 and 76/A3/1; 77/1, respectively, situated at Muralinagar Village, Kandukuru Mandal, Ranga Reddy District, which have been mutated in the revenue records and e-pass books were also issued in their favour as they are the absolute owners thereof. The aforesaid Writ Petition was filed for a direction upon respondent No.3 to conduct subdivision patta survey in respect of the subject property for which applications with requisite challans were made on 22.08.2025 but had remained pending without any action. She submits that the writ petitioners are unaware of the injunction order dated 03.12.2025 passed by the learned Junior Civil Judge, Ranga Reddy District at Maheshwaram, in I.A.No.1687 of 2025 in O.S.No.209 of 2025. By referring to the said injunction order, it is submitted that the parcels of the land claimed by the appellants herein before the learned trial Court are only small chunks of land in Survey Nos.76 and 77 with which the writ petitioners may not have any overlap. Otherwise, the survey has to be conducted after due notice to the interested parties as per the impugned direction passed by the learned writ Court. Therefore, the appellants should not have been aggrieved by the innocuous nature of the direction issued by the learned writ Court vide order under appeal dated 09.02.2026. Therefore, the instant Writ Appeal may not be entertained.
On the part of the appellants, attention of this Court is drawn to the aforesaid injunction order dated 03.12.2025 in which the respondents defendants therein are the writ petitioners. It is their case that the learned trial Court has granted ad interim injunction in favour of the appellants restraining the writ petitioners from interfering with the Petition Schedule 'A' to 'C' properties till 06.01.2026. The schedule properties are also on Survey Nos.76 and 77. As such, the appellants were necessary parties to the writ petition in the absence of whom and without impleading them by the writ petitioners, the impugned direction has been passed by the learned writ Court which would adversely affect their interests and claim over the subject property involved in the aforesaid Writ Petition. Therefore, the appellants have rightly preferred the instant Writ Appeal.
Upon consideration of the rival submissions of the parties and the material facts taken note above, we are of the view that since the appellants had substantial interest in respect of the subject property and injunction order had already been passed in their favour and against the writ petitioners in respect thereof, the impugned direction passed by the learned writ Court upon the official respondents to conduct survey, demarcate and subdivide the subject property by issuing notice to the writ petitioners, adjacent land owners and other interested parties, could have adverse affect on the interests of the appellants as it was passed without hearing them.
Therefore, the order under appeal dated 09.02.2026 passed by the learned writ Court in Writ Petition No.3825 of 2026 is set aside. The appellants shall be impleaded as respondents in W.P.No.3825 of 2026 which in turn shall be heard afresh.
The Writ Appeal is disposed of in the manner and to the extent indicated hereinabove. However, it is made clear that the observations, if any made in the present judgment are only for the purposes of determining whether the impugned direction issued by the learned writ Court were vulnerable on account of non-impleadment of the appellants as necessary parties in the aforesaid Writ Petition. It is open for the learned writ Court to decide the aforesaid Writ Petition on merits uninfluenced by any of the observations made hereinabove. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.