IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :1742 of 2000 DATED:22.7.2010 Between: Col.N.Rangarao. .....PETITIONER AND 1 The District Collector, Ranga Reddy Dist. & others. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :1742 of 2000 ORDER: This writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in conducting survey in S.No:1 of Hashmathpet village, Vallabhnagar Taluk behind the back of the petitioner and handing over af any extent of land in the petitioner’s property to others as illegal, arbitrary and unjustified and consequently, to direct the respondents not to conduct any survey in S.No:1 of Hashmathpet village, Vallabhnagar Taluk, R.R. District without issue of any notice to the petitioner and not to interfere with the peaceful possession and enjoyment of the said Ac.17.00 of land of the petitioner. The case of the petitioner as stated in the affidavit is that the petitioner is the G.P.A holder in respect of Ac.17.00 of land in S.No:1 situated at Hashmathpet village, Vallabhnagar Taluk, R.R. District. He filed a suit in O.S.No:35 of 1983 on the file of the District Munsif, East and Sought, R.R. District at Hyderabad for a declaration of title and perpetual injunction in respect of the suit schedule property against the Revenue Officials. The learned District Munsif by judgment and decree dated 28.1.1984 decreed the suit declaring that the plaintiffs are the owners of the suit schedule property and restraining the revenue officials particularly from evicting the plaintiff from the suit property. Accordingly, the plaintiffs are enjoying the property. He has also applied permission to the Gram Panchayat, Vallabhnagar for construction of a room along with the plan and the plan was sanctioned on 13.1.1987 and thereby, he constructed a room in the suit schedule property. It is his further case that aggrieved by the decree and judgment rendered in the above suit, the Revenue officials have not filed any appeal. Suppressing the said fact, the Revenue officials have filed L.G.O.P.No:339 of 1988 on the file of the Chairman and Special Tribunal for Land Grabbing and District Judge, R.R. District, Hyderabad on the ground that the property of the plaintiff is classified as Sarkari Poramboke land. By order dated 3.3.1997, the learned Chairman, Special Tribunal of Land Grabbing passed an order in favour of the petitioners therein directing the respondents therein to vacate the suit premises and handover the same to the petitioners therein within one month from the date of that order. Aggrieved by the same, the petitioner herein filed an appeal in L.G.A.No:11 of 1997 along with I.A.No:401 of 1997 on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad and the learned Special Court under the A.P. Land Grabbing (Prohibition) Act stayed all further proceedings with regard to the execution of the order passed in L.G.O.P.No:399 of 1988 on the file of the Special Tribunal and District Judge, R.R. District. It is the further case of the petitioner that while things stood thus, when some unruly elements with an intention to grab his land, tried to encroach his land in the year 1995, he filed a criminal complaint vide C.C. (SR) No:3416 of 1995, which is still pending on the file of the Judicial First Class Magistrate, Medchal. Taking the help from the Revenue Officials, the said unruly elements tried to encroach his property and sought to conduct survey of his land without any notice or permission, on 14.5.1997. It is his further case that on 14.5.1997 on an application made by some unauthorized person or encroacher or land grabber, the Revenue Officials issued proceedings in their favour in respect of Ac.5.00 of land belonging to him. Basing on the same, the land grabber threatened the petitioner to vacate the said land and hand over the same to him. Therefore, he made a representation to the District Collector and the Police Officials for initiation of action against the land grabbers and for providing police protection to the suit schedule property. He also made another representation to the District Collector and the Police Officials to take action against the land grabbers and also for police protection on the ground that the land grabber has dismantled the compound wall worth about Rs.75,000/- and also trying to dismantle the room constructed by him in the site. But, the respondents have not taken any action on his representations. Under these circumstances, the petitioner filed W.P.28527 of 1997 on the file of this Court seeking to declare the action of the Revenue Officials in conducting survey in the land of the petitioner and showing Ac.5.00 of land to the unauthorized persons in the suit schedule property of the petitioner and thereby doing favour to the unofficial respondents as illegal and consequently to direct the respondents not to interfere with the possession and enjoyment of the suit schedule property pending disposal of L.G.A.No:11 of 1997 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad. By order dated 22.1.1998 in W.P.MP.No:33227 of 1997 in W.P.No:28527 of 1997, this Court granted an interim direction not to interfere with the possession and enjoyment of Ac.17.00 of the land belonging to the petitioner in S.No:1 situated at Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District until further orders. Thereafter, he also filed a contempt application in C.C.No:1719 of 1998 against the respondents along with an application No:1530 of 1998 seeking to provide police protection. By an order dated 3.11.1998, this Court granted an interim order directing respondents-6 and 7 to consider the representation made by the petitioner seeking police protection and dispose of the same in accordance with law. Even then on 28.1.2000, the respondents again without issuing any notice to the petitioner tried to evict the petitioner from the suit schedule property. Hence, the present writ petition is filed by the petitioner. A counter affidavit has been filed by the respondent denying the allegations made by the petitioner. It is inter alia contended at paragraph 7 of the counter that no survey has been conducted by this office in S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District and no interference has been made with the peaceful possession of the petitioner to an extent of Ac.17.00. As such the survey was conducted only in S.No:364 of Alwal village, Malkajigiri mandal which is adjacent to S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District as per the directions of this Court passed in W.P.No:15544 of 1999, dated 20.9.1999. Heard the learned counsel and perused the material available on record. On the rival contentions, the fact remains that in respect of the land in S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District, the petitioner filed a suit for declaration of title and possession and the said suit was decreed. While so, the Revenue officials have filed L.G.O.P.No:339 of 1988 on the file of the Chairman and Special Tribunal for Land Grabbing and District Judge, R.R. District, Hyderabad on the ground that the property of the plaintiff is classified as Sarkari Poramboke land. By order dated 3.3.1997, the learned Chairman, Special Tribunal of Land Grabbing passed an order in favour of the petitioners therein directing the respondents therein to vacate the suit premises and handover the same to the petitioners therein within one month from the date of that order. Aggrieved by the same, the petitioner herein filed an appeal in L.G.A.No:11 of 1997 along with I.A.No:401 of 1997 on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad and the learned Special Court under the A.P. Land Grabbing (Prohibition) Act stayed all further proceedings with regard to the execution of the order passed in L.G.O.P.No:399 of 1988 on the file of the Special Tribunal and District Judge, R.R. District. In view of the same, the rights of the parties over the land in question became sub judice on the file of the Special Court under the A.P Land Grabbing (Prohibition) Act. Therefore, this Court cannot make any observation as to the rights of the parties over the land in question. The main grievance of the petitioner is that though he is in possession and enjoyment of the land in S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District, the respondents officials with the aid unsocial elements tried to interfere with the said land for conducting a survey. In this regard, the contentions raised at paragraph 7 of the counter filed by the respondents, are relevant for consideration and a plain reading of the same makes it crystal clear that no survey has been conducted by the office in S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District and no interference has been made with the peaceful possession of the petitioner to an extent of Ac.17.00. However, the survey was conducted only in respect of the land situated in S.No:364 of Alwal village, Malkajigiri mandal which is adjacent to S.No:1 of Hashmathpet village, Vallabhnagar Taluk, Ranga Reddy District as per the directions of this Court passed in W.P.No:15544 of 1999, dated 20.9.1999. If that being the case, the question of taking any action by the respondents in respect of the land in question, without issuing any notice to the petitioner, does not arise and therefore, nothing remains for consideration in this writ petition. Accordingly, this writ petition is dismissed. No costs. ____________________ Justice G.Chandraiah Date:22.7.2010 gurc THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :1742 of 2000 22nd July, 2010