Gadem Shoba v. The Principal Secretary

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.27331 of 2022 ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. With their consent, the writ petition is disposed of at the stage of admission.

2.

The petitioners claimed to be the absolute owners and pattadars in respect of agricultural land admeasuring Acs.15.16 guntas in Survey Nos.326/B/3, 326/B/2, 326/B/1, 254/B/1, 326/B/1/2, 497/A/1/2, 254/B/2, and 497/A/1/1 situated at Kolukonda Revenue Village, Devaruppala Mandal, Jangaon District, having purchased through registered sale deed vide document Nos.1049 of 2012 and 1050 of 202, dated 30.04.2012. Since the date of purchase of the said land, the petitioners claimed to have been in peaceful possession and enjoyment of the said extents of lands.

3.

During the course of arguments, learned counsel for the petitioners, on being asked, fairly submitted that the petitioners are not having land in Survey No.327. It is further submitted that at the instance of respondent No.6, survey of the land in

Survey No.327 is sought to be conducted by the Deputy Inspector of Survey and repeated notices are issued for the said purpose. In the guise of conducting survey of the land situated in Survey No.327, the petitioners are sought to be dispossessed from the lands situated in Survey Nos.326/B/3, 326/B/2, 326/B/1, 254/B/1, 326/B/1/2, 497/A/1/2, 254/B/2, and 497/A/1/1, situated at Kolukonda Revenue Village, Devaruppala Mandal, Jangaon District.

4.

Prima facie, this Court is not convinced with the said submission made by learned counsel for the petitioners, for the reason that the survey now proposed to be conducted is only in respect of the land in Survey No.327, in which the petitioners have no claim of whatsoever. Therefore, the question of interference in the lands situated in other survey numbers, while conducting survey of the land in Survey No.327, does not arise. Moreover, this Court does not see any ground to interfere with the proposed survey of land in Survey No.327, taken up by the Deputy Inspector of Survey pursuant to the notice in File No.F/785/2021, dated 24.06.2021. However, if the petitioners have got any objection for the proposed survey, they are at liberty to file their objections before the Deputy Inspector of Survey, Jangaon Division, Jangaon District. On submission

of such objections, the Deputy Inspector of Survey, Jangaon Division and Jangaon District, shall take into consideration all such objections and then conduct the survey pursuant to the request made by respondent No.6.

5.

With the above observations, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

____________________________________ MUMMINENI SUDHEER KUMAR, J Date:29.06.2022 KH

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.27331 of 2022 Date:29.06.2022 KH