K. Soloman, v. The State Of Andhra Pradesh,

Date :12.9.2017 Between :

K Soloman S/o late Appanna Flat NO. 204, Aspen Towers Old Resapuvanipalem, Visakapatnam Urban Mandal Visakapatnam district Petitioner And The State of AP Rep by its Principal Secretary, Revenue Department, Amaravathi Guntur district and others Respondents The Court made the following:

ORAL ORDER:

Second petitioner herein made a request for conducting of survey of land to an extent of Ac.0.87 cents in Survey No. 143/1 of Chinnagadila village, Visakapatnam Rural Mandal and district. It appears in response to the said request survey was conducted on 1.2.2017 and vide endorsement dated 4.7.2017 petitioner was informed that his request was rejected. 2.

Learned counsel for petitioners now alleges that survey was conducted without prior notice and in absence of petitioners. Agitating the same, petitioner made a complaint to the Commissioner, Survey, Settlement and Land Records/2nd respondent and the Regional Deputy Director, Survey, Settlement and Land Records/3rd respondent.

3.

Matter earlier underwent adjournments to ascertain whether petitioner was put on notice before conducting survey, however, no instructions are furnished to the Government Pleader and now on merits instructions are furnished.

Based on instructions, learned Assistant Government Pleader submits that land in Survey No. 143/2 is Government land and land in survey No. 143/1 is 'Jirati land'.

4.

Learned counsel for petitioners fairly submits that petitioners are only concerned with the conducting of survey in Survey No. 143/1 in their presence and nothing else.

5.

Having regard to the same, the third respondent is directed to examine the records of the Assistant Director/District Survey and Land Records/4th respondent with reference to service of notice in advance to petitioners about conducting of the survey and if he comes to the conclusion that there was no notice issued to the petitioners before conducting the survey by 4th respondent, take appropriate decision as warranted by the law as to conducting

of survey by 4th respondent in presence of petitioners and communicate the same to petitioners.

6.

Accordingly, the writ petition is disposed of. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE: 12.9.2017 TVK

Date :12.9.2017