Penke Satyannarayan v. The District Collector,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.29011 of 2011 ORDER:

The petitioner filed the present writ petition seeking a direction to the respondents to conduct survey and fix the boundaries in respect of the land situated in R.S.No.327/11 of Pidimgoyya Village, Rajahmundry Rural, East Godavari District.

The averments in the writ petition are as under: The petitioner is a resident of Satyanarayanapuram Village, Pidimogoyya Grampanchayath, Rajahmundry Rural, East Godavari District having land to an extent of Ac.01-68 cents in R.S.No.616 of Pidimogoyya Grampanchayath. The said land was converted into a residential plot and the permission for the layout was obtained from the competent authority in the year 1995. It is stated that a house was also under construction in the land. While construction was going on, one Immandi Subba Rao and others interfered with the possession of the land and as such, the petitioner filed O.S.No.668 of 2011 on the file of I Additional Junior Civil Judge, Rajahmundry seeking injunction. In I.A.No.1083 of 2011 in O.S.No.668 of 2011, the civil Court granted injunction.

It is stated that said Subba Rao and Grandi Aravindham, who were having agricultural lands in R.S.No.327/11, colluded with the officials and are seeking eviction of the petitioner from his land. Hence, he made an application before Tahsildar for conducting survey of the land in S.No.327/11. It is stated that though the application was received by the 3rd respondent, till date no action has been initiated. Hence, the present writ petition came to be filed seeking a direction to the respondents to pass orders in the representation made by the petitioner.

Learned Government Pleader submits that challan for conducting survey was paid on 25-10-2011 and the representation made by the petitioner to the 3rd respondent was disposed of, but however, he

could not place on record any material in support of the same. Hence, the writ petition is disposed of by directing the 3rd respondent to consider the representation made by the petitioner, if it is still pending and pass orders in accordance with law within a period of eight weeks from the date of receipt of copy of the order. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 02-07-2015 Nvl