IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14818 of 2008 Between: A.L. Ramesh Kumar S/o. Srinivasa Rao Narsapur Village and Mandal, Medak District. ..... PETITIONER AND 1 Assistant Director of Survey & Land Records Medak at Sanga Reddy , Medak District. 2 The Joint Collector, Medak District at Sanga Reddy, Medak District. 3 S. Butchaiah S/o. Venkaiah R/o. Narasapur Village & Mandal, Medak District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation dt. 20-6-2008 and not passing any order on the said representation and proceeding with the proposed survey though Civil litigation become final between the parties arbitrary illegal, and in violation of principles of natural justice and pass such other order or orders. Counsel for the Petitioner: MR.RAMA RAO GHANTA Counsel for the Respondent Nos 1& 2: GP FOR REVENUE Counsel for Respondent No.3 : Sri K.V.Sudhakar Reddy The Court made the following : ORDER: Aggrieved by the notice issued by the Assistant Director of Survey and Land Records, Medak District at Sangareddy directing the neighbouring pattadars to attend the survey of the land comprised in Sy.No.8/1 of Narsapur Village and Mandal, Medak District, belonging to the 3rd respondent herein, the petitioner filed this writ petition. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue for respondents 1 and 2 and Sri K.V.Sudhakar Reddy for respondent No.3. It is the case of the petitioner that subsequent to his purchasing an extent of Ac.0.19 guntas of land in S.No.8/3 of the said village on 16.6.1973, his name was mutated in the revenue records as pattadar and possessor of the said land and pattadar pass books and title deeds were also issued in his name. While so, when certain disputes arose between himself and the 3rd respondent herein, he filed O.S.No.86 of 1994 on the file of the Senior Civil Judge, Medak and the same was decreed by judgment and decree dated 23.12.1998. The same was confirmed in appeal being AS No.12 of 1999 on the file of the II Additional District Judge (FTC) at Sangareddy by judgment and decree dated 22.1.2003 and that the same has become final. Therefore, the question of again surveying the land does not arise. To this effect, he has also made a representation on 27.5.2008 bringing to the notice of the authorities the fact situation. The grievance of the petitioner is that without disposing of his representation, the authorities have now issued the impugned notice directing him to attend the survey. The 3rd respondent has filed a counter affidavit inter alia stating that he and five others purchased an extent of Ac.0.21 guntas of land in Sy.No.8/1 in the year 1983 and also obtained permission from the gram panchayat and raised certain constructions. As per the lay out, he is the owner of plot Nos.3 and 4 totally admeasuring 260 sq.yards apart from shop Nos.9 and 10. It is stated that in the road widening programme, the lands of the petitioner were affected and certain portion was taken for the purpose of road widening and to maintain 19 guntas of land purchased by him, the petitioner is encroaching into his land and therefore, he made an application to the authorities to conduct survey of his land and since there was no response from them, he approached this Court in W.P.No.7808 of 2008 and by orders dated 11.4.2008, this court directed the respondents to consider his application and pursuant to the same, the present impugned notice is issued by the authorities to conduct survey of his land and, therefore, the same cannot be objected to by the petitioner. The only contention raised by the learned counsel for the petitioner is that the Mandal Surveyor has conducted survey of the lands in the year 1991 at the instance of the petitioner and in view of the perpetual injunction granted by the civil Courts, which was confirmed in appeal, the 1st respondent – Assistant Director of Survey and Land Records is not competent to conduct survey of the land in Sy.No.8/1 and if at all the 3rd respondent is aggrieved by the earlier survey conducted, his remedy is to file an appeal under Section 11 of the Act and, therefore, he cannot seek for second survey. The said contention cannot be acceded to. Pursuant to the direction of this Court in W.P.No.7808 of 2008 dated 11.4.2008, directing the 1st respondent to consider and dispose of the representation of the 3rd respondent herein to survey and demarcate his land, the impugned notice is issued by the 1st respondent directing the petitioner, who is a neighbour to attend the survey of the land in S.No.8/1. Therefore, if the petitioner has any objection for the survey, it is open for him to appear before the surveyor and raise his objections but cannot seek directions from this Court to stop the survey which is proposed to be conducted pursuant to the orders of this Court itself in another writ petition. Even before conducting the survey the petitioner cannot contend that the survey is going to affect his rights over the land. Further, the 3rd respondent herein is asking survey of his land only and not the land of the petitioner who is only a neighbour. Therefore, it is too premature to come to any such conclusion that the proposed survey is going to affect the petitioner. For the foregoing reasons, I see no reason to stay the survey of the land pursuant to the impugned notice. The writ petition is devoid of merit and it is accordingly dismissed. N.V.RAMANA,J msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Assistant Director of Survey & Land Records Medak at Sanga Reddy , Medak District. 2 The Joint Collector, Medak District at Sanga Reddy, Medak District. 3 2CCs to GP for Revenue, High Court of A.P. Hyd. 4 2CD copies