THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :740 of 2004 Date: 16.11.2009 Between: Government of A.P. rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. … Appellants and M/s. Lakshmi Construction and others. ….Respondents THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :740 of 2004 Oral Judgment : (per Hon’ble Smt. Justice T. Meena Kumari) This Writ Appeal is directed against the order of the learned single Judge made in Writ Petition No. 8262 of 2003, dated 26.2.2004, whereby the writ petition filed by the respondents-writ petitioners was allowed. Alleging that the appellants-authorities have high-handedly demolished their compound wall and are trying to dispossess them from the land admeasuring Acs. 1.34 guntas comprised in Survey No. 92/2, the respondents filed the aforementioned writ petition before the learned single judge seeking a Writ of Mandamus to declare the action of the appellants in demolishing the compound wall, sheds and gate of the land as illegal and arbitrary. A consequential direction was also sought to direct the appellants not to disturb their possession or assign the same to any third parties. While opposing the contentions, the third appellant filed a detailed counter affidavit before the learned single judge admitting that the land in Survey No. 92 was sub-divided into eighteen bits and that the possession of the respective owners was indicated in the revenue records. It is also stated that Acs. 50.00 guntas of land in Survey No. 91 by the side of 92 was allotted to IDBI. When they entertained a doubt as regards the correctness of the boundary between the land in Survey Nos. 92 and 91, they requested the authorities of the survey department for demarcation of the land and fixation of boundaries. During the course of such survey, the appellants noticed that a compound wall was constructed by the respondents in the Government land in between Survey No. 92 and the land held by Jawaharlal Nehru Institute for Development Banking, basing on which they demolished the compound wall to safeguard the government land. The learned single judge while taking into account the fact that the appellants have high handedly demolished the compound wall of the respondents, has allowed the writ petition with a direction to the appellants- 2,3,5 and 6 to restore the compound wall and sheds, which were demolished by them and also the fencing that was removed from the land of the respondents within a period of one month from the date of receipt of a copy of the said order with their own costs besides directing them to pay Rs. 10,000/- to the respondents. Being aggrieved, the department filed the present appeal. The learned Government Pleader appearing on behalf of the Department has contended that the learned single judge without taking into consideration the fact that the respondents have constructed the compound wall in Survey No. 91, but not in Survey No. 92 has erred in allowing the writ petition. He further contended that since there is a dispute with regard to the existence of the compound wall, the learned singe Judge ought to have directed the respondents to approach the competent Civil court and file a suit for compensation and damages. He, therefore, prayed that the writ appeal be allowed and the impugned order be set aside. Learned counsel for the respondents while reiterating the very same contentions which were urged before the learned single judge has supported the impugned order and stated that the same does not require any interference. Heard the learned counsel for the parties and perused the order of the learned single judge. In view of the fact that there is a serious dispute with regard to the location of the compound wall between the parties, we feel it appropriate to modify the order of the learned single judge and direct the parties to approach the Assistant Director, Survey and Land Records for demarcation and fixation of the boundaries in respect of the land in question. Accordingly, the writ appeal is disposed of directing the appellants as well as the respondents to approach the Assistant Director of Survey and Land Records for demarcation and fixation of the boundaries in respect of the land in question within a period of six weeks from today and thereafter the Assistant Director of Survey and Land Records shall cause survey of the land in question after issuing notice to the adjoining owners. Till such time, the status-quo order granted on 13.4.2004 shall continue. _________________ T.MEENA KUMARI,J Date: 16th November, 2009 ___________________ SANJAY KUMAR,J pnb