THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8790 OF 2002 DATED 21ST FEBRUARY, 2011 BETWEEN Raigiri Narasaiah …Petitioner And The District Collector, Nalgonda and others …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8790 OF 2002 ORDER: By proceedings dated 23.04.2002, the Mandal Revenue Officer, Yadagirigutta, Nalgonda District, called upon the petitioner to remove the encroachments made by him in the Government land in Survey No.11/1 of Gundlapally Village, Yadagirigutta Mandal, Nalgonda District. Aggrieved thereby, the petitioner filed the present case. This Court directed status quo obtaining as on 30.04.2002 to be maintained. The petitioner purchased an extent of Ac.2.38 guntas of land in Survey No.10 of Gundlapally Village under registered sale deed dated 05.01.1977. He constructed a house in the said land after alienating portions thereof to third parties. He claims to have started an Educational Society under the name and style of ‘Vamshi Educational Society’ in the year 1993 and started a School in the subject premises called ‘Vamshi Model School’. It is his case that in the year 1994 he submitted an application to the revenue authorities for survey of his land in Survey No.10 and for fixation of boundaries for the purpose of undertaking construction of a compound wall. After the survey was conducted on 11.09.2001 by the Mandal Surveyor, the petitioner claims to have constructed a compound wall within the limits of the boundary stones fixed by the said Surveyor. It is his case that while matters stood thus, the respondents initiated proceedings against him and his sons on the ground that they had encroached into the Government land in Survey No.11/1 of the Village and accordingly issued the impugned proceeding. The Mandal Revenue Officer, Yadagirigutta, filed his counter in the matter stating that the land in Survey No.11/1 of Gundlapally Village, Yadagirigutta Mandal, Nalgonda District, was a Government land and was being used as a graveyard since three decades. It is his case that the petitioner and his sons encroached and constructed a building and compound wall in an extent of Ac.0.11 guntas in the said survey number as per the report dated 21.02.2002 of the Mandal Surveyor. He admitted that upon the application of the petitioner, the Mandal Surveyor had undertaken the survey of the land in Survey No.10 and had fixed boundary stones but denied the petitioner’s assertion that he had constructed a compound wall within the limits of the said boundary stones. Reliance was placed upon the survey report dated 21.02.2002 said to have been submitted by the Mandal Surveyor with regard to the alleged encroachment over Ac.0.11 guntas in Survey No.11/1 of the Village by the petitioner and his sons. He further stated that the said survey was undertaken by the Mandal Surveyor upon the instructions of his office in the Memo dated 14.02.2002. As the counter was silent on the aspect of the petitioner having been put on notice by the Mandal Surveyor prior to the survey which led to his report dated 21.02.002, the learned Assistant Government Pleader for Revenue was asked to obtain instructions in this regard. After due enquiry, the learned Assistant Government Pleader for Revenue reported to the Court that the petitioner and his sons were not put on notice and did not participate in the survey undertaken by the Mandal Surveyor which formed the basis for the report dated 21.02.2002 and the consequent impugned action. It is an admitted fact that the petitioner’s land in Survey No.10 of Gundlapally Village is adjacent to the Government land in Survey No.11/1 of the Village. If the Mandal Surveyor was required to undertake a comprehensive survey of the encroachments in the Government land in Survey No.11/1 of the Village, he ought to have put the petitioner on notice prior to deciding whether the petitioner had, in fact, encroached beyond the boundaries of Survey No.10 of the Village. Admittedly, the Mandal Surveyor had himself fixed the boundary stones for Survey No.10 after due survey and the petitioner and his sons had to be put on notice in the event there was any transgression beyond the said boundary. However, it is conceded before this Court that the petitioner and his sons were not put on notice prior to the so-called survey. Thus, the impugned proceeding dated 23.04.2002 calling upon the petitioner to remove the encroachments allegedly made by him and his sons in an extent of Ac.0.11 guntas in Survey No.11/1 of the Village, being based on the unilateral and one-sided survey report dated 21.02.2002 of the Mandal Surveyor cannot be sustained. The impugned proceeding dated 23.04.2002 is accordingly set aside. The respondent authorities shall be at liberty to undertake a fresh survey of the land in Survey No.11/1 of Gundlapally Village, Yadagirigutta Mandal, Nalgonda District, after giving due notice to all the parties concerned, including the petitioner herein and his sons. After due and proper verification of the boundaries of Survey No.11/1 of the Village, the respondents shall take necessary action in accordance with law for removal of encroachments, if any. The Writ Petition is allowed subject to the above observation. No order as to costs. ____________________ SANJAY KUMAR, J. 21ST FEBRUARY, 2011. VGSR/PGS