Borra Etta Reddy, v. The State Of Telangana, Represented By The Principal

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.3948 OF 2017 ORDER:

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondent-authorities in trying to conduct survey at the instance of respondents 6 and 7, without any authority of law and issuing any notice to the petitioners though such survey is affecting the plot of the petitioners situate in plot nos.4A and 4C admeasuring 374.5 sq. yards in Sy.No.21 of Chintalkunta village, Hamlet of Meerpet, Balapur mandal, Ranga Reddy District, and in trying to hand over the vacant possession of the said plot to respondents 6 and 7 thereby interfering in civil disputes by usurping the powers of the civil Court, as being illegal, arbitrary and without jurisdiction and to pass consequential orders in the interest of justice.

2.

Heard learned counsel for the petitioners and the learned Asst. Government Pleader for Revenue.

3.

It is stated by learned counsel for the petitioners that the 6th respondent with a view to grab the government land which is adjacent to the plot of the petitioners, made an application before the revenue-authorities to regularize the land admeasuring 1825 sq. yards on the terms contained in GO Ms.No.59, dated 30-122014, though he was not in possession of the said land, but his case was considered and sale deed executed by the Revenueauthorities. The grievance of the petitioners is that in the process of survey of the said government land, the 6th respondent with the assistance of revenue-authorities and Police is trying to encroach upon the plot in question of the petitioners, which is adjacent to

the government land. On the other hand, learned Asst. Government Pleader for Revenue submits that survey was being conducted in the government land which is adjacent to the plot of the petitioners, and there is no truth in the allegations of the petitioners.

4.

Inasmuch as the petitioners are stated to be in possession of the plot in the question, there shall be interim direction not to interfere with the possession of the petitioners' plot in question. However, this order will not preclude the Revenue-authorities to take steps to conduct survey of the government land adjacent to the plot of the petitioners, by following the due process of law i.e. issuance of notice to the petitioners and affording opportunity of hearing to them.

5.

With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J Dated: 06-02-2017 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3948 of 2017 //WEB// Date: 06-02-2017 NRG