request for Govt. survey pending suits - In the circumstances, we direct the respondent authorities to conduct survey of the land in question afresh, after giving notice to both the parties. However, the result of such survey or any order that may be passed in that regard shall be subject to the outcome of the civil suits relating to the land in question, which are pending before the Civil Court.

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

AND

THE HON’BLE SRI JUSTICE B.N.RAO NALLA

                                                                                    

WRIT APPEAL NO.105 OF 2013

DATED:7.2.2013

Between:                                                                            

Kommareddy Padmanabhaiah                          …  Appellant

And

Garapati Chandra Sekhar                                … Respondent

and others

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

AND

THE HON’BLE SRI JUSTICE B.N. RAO NALLA

WRIT APPEAL NO.105 OF 2012

JUDGMENT: (per the Hon’ble the Chief Justice Sri Pinaki Chandra Ghose)

          This writ appeal is directed against the order dt.25.7.2012 passed by the Hon’ble Single Judge, in W.P. No.22689 of 2012.

          Respondent No.1 – writ petitioner filed the writ petition to declare the action of the respondent Nos.2 to 4 herein in not taking any action on the representation/application dt.24.4.2012 made by the writ petitioner for survey, demarcation and fixation of boundaries of the land admeasuring Ac.5.18 cents in Sy. No.110 of Yanamadala Village, Nuzvid Mandal, Krishna District, as illegal and arbitrary.

          The Hon’ble Single Judge, after considering the matter, disposed of the said writ petition by order dt.25.7.2012 directing respondent No.2 therein to take necessary steps on the application dt.24.4.2012 submitted by the petitioner within a period of four weeks from the date of receipt of a copy of that order.  It was further observed that if there is any ground for not conducting survey of the land, respondent No.2 shall communicate the same to the petitioner.

          Being aggrieved and dissatisfied with the said order dt.25.7.2012 passed by the Hon’ble Single Judge, this writ appeal is filed by the appellant, who is a third party to the writ petition, with the leave of this Court.

          Heard the learned counsel for the parties and perused the record.

The appellant herein was not made a party to the writ petition.  According to him, respondent No.1 - writ petitioner approached this Court by suppressing the fact of pending suits before Civil Court, relating to the subject lands, and obtained the impugned order. 

In the circumstances, we direct the respondent authorities to conduct survey of the land in question afresh, after giving notice to both the parties.  However, the result of such survey or any order that may be passed in that regard shall be subject to the outcome of the civil suits relating to the land in question, which are pending before the Civil Court.

          The writ appeal stands disposed of on the above terms.  No costs.

________________________

PINAKI CHANDRA GHOSE, CJ

_____________________

                                                                          B.N. RAO NALLA, J      

7.2.2013

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