THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.11919 of 2002 DATED: 15.03.2010 Between: Mr. A.L. Sadanand .. Petitioner And The District Collector, Ranga Reddy District, and others. .. Respondents ORDER: Petitioner claims to be the owner of the land in an extent of Ac.14.25 gts. in Sy.No.48 known as ‘Kakarla Gadda’ situated at Nanakram Guda, Serilingampally Mandal, Ranga Reddy District. It is his case that there exists a compound wall in his land, separating his land from the adjacent land in Sy.No.47, and for more than thirty years, he has been in peaceful possession and enjoyment of his land including the said compound wall. While so, it is his grievance that the respondents, alleging that the said compound wall was constructed encroaching into the government land in Sy.No.47, have been trying to demolish the said compound wall, without following due process of law by conducting survey etc. Questioning the said action, he filed the present writ petition, seeking directions to the respondents not to demolish the said compound wall. A detailed counter-affidavit is filed on behalf of the respondents stating that the land admeasuring Ac.15-39 gts. in Sy.No.47, which is adjacent to the land of the petitioner, is classified as Poramboke Sarkari and, out of the said land, an extent of Ac.13.19 gts. was handed over to APIIC Limited, under a cover of panchanama dated 24.08.2001, leaving an extent of Ac.2.00 covered by graveyard and 0.20 gts. for Dhobighat. It is further stated that, during the course of inspection, it was revealed that the petitioner constructed the compound wall encroaching into the land in Sy.No.47 and, therefore, after survey and verification, the said wall was dismantled on 03.07.2002. Further, it is stated that, in spite of repeated instructions not to construct the said compound wall, the petitioner raised the same with an ill motive to grab the government land in Sy.No.47. It is also stated that, an Express Highway Road has been laid in the year 2007 covering part of the lands in Sy.Nos.47 and 48, and no compound wall is in existence as of now. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. From the averments made in the counter-affidavit of the respondents, it is clear that the compound wall in question was demolished way back in the year 2002, after conducting survey, and an Express Highway Road has been laid in the year 2007 covering part of the land of the petitioner in Sy.No.48 and the government land in Sy.No.47. Be that as it may, whether the petitioner encroached into the government land in Sy.No.47 by constructing the compound wall in question is disputed question of fact to be decided by a Civil Court, but not by this Court under Article 226 of the Constitution of India. In the circumstances, I deem it appropriate to direct the respondents to furnish to the petitioner a copy of the report of survey conducted by them with respect to the land in Sy.No.47, indicating the encroachment made by the petitioner by constructing the alleged compound wall, within two weeks from the date of receipt of a copy of this order. After furnishing the said survey report, if the petitioner intends to pursue his remedies, if any, before the Civil Court, he is at liberty to pursue the same. The writ petition is disposed of with the above directions. No order as to costs. ____________________________ JUSTICE N.V. RAMANA 15th March, 2010 IBL