HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD W.A.Nos.101 and 102 of 2011 Date: 01-03-2011 W.A.No.101 of 2011: Between: L. Jaya Reddy ……… Appellant and The Superintendent of Police and Regional Vigilance & Enforcement Officer, Hyderabad Rural Unit, Hyderabad, and others. ……….. Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD W.A.Nos.101 and 102 of 2011 COMMON JUDGMENT: (Per BPR, J) Heard Sri C. Nageswara Rao, learned counsel appearing for the appellants, and the learned Government Pleader for Revenue, and at their request, both the appeals are taken up for disposal. The appellants are the unsuccessful writ petitioners who filed these appeals under Clause 15 of the Letters patent, inter alia, seeking to assail the correctness of the common order, dated 28-01-2011 in dismissing W.P.Nos.21019 and 16285 of 2009 respectively. In the writ petitions filed under Article 226 of the Constitution of India, the appellants sought for a Mandamus declaring the action of the respondents herein in conducting the survey in respect of the lands in question viz., an extent of 24 guntas in Sy.No.16 and 14 guntas in Sy.No.17 and also in Sy.No.79 of Gachibowli village, Serilingampally Mandal, Ranga Reddy District, and the memo, dated 24-02-2009 and the consequent proceedings, dated 18-03-2009, as illegal, arbitrary and in violation of the principles of natural justice. According to the appellants the lands belong to them and they are in exclusive possession of the same. The learned single Judge, by taking into account various counter allegations made on behalf of the respondents, did not find favour with the request of the appellants and dismissed the writ petitions observing that the survey of the government land would not affect the land of the appellants and more so when the government is seeking to conduct survey of the government lands to ascertain whether there is any encroachment of government land by third parties. It is further observed that if, according to the appellants, they have not grabbed any government land, and they are in possession of their own patta lands, they should not have any objection to the survey of the lands, which is sought to be conducted with respect to the government lands. Having heard the learned counsel and on perusal of the material available on record, it is seen that the only apprehension expressed on behalf of the appellants is that under the guise of the survey, the respondents are trying to intermeddle with the structures which are existing in their lands. According to the appellants, they have already made several structures in their own right, title and interest, and therefore, the action of the respondents in trying to intermeddle with such structures by way of survey is wholly unjustified. Learned Government Pleader appearing on behalf of the respondents submits that only if it is found that there is any encroachment of the government land, the other proceedings for eviction whatsoever in nature will be taken up but not otherwise. In view of the submission made by the learned Government Pleader and also in view of the fact that the exercise which is sought to be made by the respondents is only in regard to the survey which cannot include any intermeddling as to the demolishing of the properties or otherwise, we direct the respondents herein not to take up any such action as long as nothing wrong is found with the appellants herein. Subject to the above, the writ appeals are disposed of. No order as to costs. _________________ B. PRAKASH RAO, J __________________ P. DURGA PRASAD, J Date: 01-03-2011 YCR