Polimera Laxmaiah v. Salman Shabbir
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD ORDER:
Heard the learned counsel for the petitioner. None appears for the respondent.
2. This Civil Revision Petition is filed challenging the order dt.31-01-2020 in I.A.No.2431 of 2008 in I.A.No.1923 of 2019 in O.S.No.586 of 2019 of the Principal Junior Civil Judge, Sangareddy.
3. Petitioner is the plaintiff and the respondent is the defendant in the above suit.
4. The respondent filed the above I.A.No.2431 of 2008 seeking to get the subject land surveyed situated in Sy.No.817/E where the petitioner and the respondent have their respective lands to resolve the dispute arose between them. The Trial Court has allowed the said application appointing the Advocate-Commissioner and directed him to locate and fix the boundaries of the entire suit land with the assistance of the Assistant Director for Survey and Land Records, Sangareddy.
5. Aggrieved by the said order, the present Civil Revision Petition is filed.
6. Sri A.Ravinder Reddy, learned counsel for the petitioner has brought to the notice of this Court that Sri P.Vishnu Vardhan Reddy, who is appointed as an Advocate-Commissioner by the Trial Court,
TA,J issued notice dt.28-02-2020 summoning the Assistant Director, Survey and Land Record, Sangareddy, for survey and execution of warrant and requested the V.R.O., to be present there along with survey equipment and village records i.e. pahanies, on 13-03-2020 at 10.30 am.
7. It is the case of the petitioner that once the land in Sy. No.817 is subjected for survey, the other occupants of the subject land need to be put on notice and thereafter, the survey activity has to be conducted in the presence of the Assistant Director, Survey and Land Record and also in the presence of the other respective land owners.
8. By following the procedure contemplated under the Telangana Survey and Boundaries Act, 1923, this Court finds that there is a force in the contention of the learned counsel for the petitioner and thus, the Civil Revision Petition can be disposed of at the stage of admission since the disposal of the Revision Petition would not cause any prejudice to the parties.
9. Accordingly, the Civil Revision Petition is disposed of. The order dt.31-01-2020 in I.A.No.2431 of 2008 in I.A.No.1923 of 2019 in O.S.No.586 of 2019 of the Principal Junior Civil Judge, Sangareddy, is modified to the effect that the land in Sy. No.817 of Rudraram village be surveyed with the assistance of the Assistant Director, Survey and Land Record, Sangareddy, in the presence of the Advocate Commissioner and also the owners of the subject land in Sy.
TA,J No.817 by putting them on notice by affixing the notice in the office of the Gram Panchayat and also by way of tom tom in the village. The said survey report shall be considered by the Trial Court at appropriate time for passing appropriate orders. If putting the owners of the subject land by way of a notice in the Gram Panchayat and by way of tom tom is possible on or before 13-03-2020, the survey shall be conducted on the same day i.e. 13-03-2020. Failing which, a fresh date be announced by way of notice and tom tom. No costs. 10.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE T.AMARNATH GOUD Date: 06-03-2020 Note:- Issue in one week.
B/o.
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