THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 13887 OF 2011 O R D E R: This Writ Petition has been instituted apprehending that the respondent government officials are likely to interfere with the possession of the writ petitioner over land of an extent of Ac.0.32 guntas situate in Survey No. 318 of Thimmapur Village, Thimmapur Haveli and gram panchayat, Hanamkonda Mandal, Warangal District. It is asserted by the writ petitioner that he has purchased the land together with a rice mill standing thereon through a registered document bearing No. 2631 of 2002, dated 17.05.2002 for a valuable consideration and suspecting that the rice mill had been got constructed on sikham land, the respondent authorities have started taking steps for interfering with his possession. On 04.05.2011, this Court directed the respondents not to dispossess the petitioner from his lands. When the matter is taken up today, the learned Government Pleader for Revenue, who obtained instructions from the Tahasildar, Hanamkonda, through his letter dated 05.05.2011, has submitted that the respondents have taken no steps or measures to interfere with the right of the writ petitioner. A copy of the instructions passed on by the Tahasildar, Hanamkonda to the learned Government Pleader is placed before me. It is pointed out therein that Survey No. 318 in Thimmapur Village comprises of patta land and that the State Government has only got the land belonging to it situate in Survey No. 241 demarcated and fixed the boundaries. It was noticed that the writ petitioner Sri Sirimalla Srinivas has encroached upon the government land in Survey No. 241 measuring Ac.0.34 guntas and constructed a rice mill known as Sitarama Rice Mill. It was pointed out that land in Survey No. 241 of an extent of Ac.0.34 guntas falls in sikham land and the said land has never been transferred in favour of any organization or any person and in fact it has been entered and recorded in the prohibitory order book. Therefore, the Tahasildar points out that the petitioner has no manner of any right to occupy the land belonging to the government situate in Survey No. 241. In view of these divergent pleadings, I consider it appropriate to direct respondents 2 to 5 to order for survey of land situate in Survey Nos. 241 and 318 of Thimmapur Village. Should, the writ petitioner be found to be in possession of land situate in Survey No. 241 of the said village, which is a sikham land, respondents 2, 3 and 4 will take prompt steps for evicting the writ petitioner from any such government land. On the other hand, if the survey reveals that the writ petitioner is in occupation of land of an extent of Ac.0.32 guntas situate in Survey No. 318 of Thimmapur Village, the respondents may not interfere with his possession. It is therefore, appropriate that respondents 4 and 5 will fix an appropriate date for carrying out survey operations and intimate the said fact at least three days in advance to the writ petitioner herein so as to enable him to participate at the said survey operations. When once the boundaries are fixed for land belonging to the government (sikham land), situate in Survey No. 241 and if it is revealed that the writ petitioner has occupied any bit of the said land, prompt and necessary steps be taken by respondents 2, 3 and 4 for his eviction there from, and for restoring the sikham land free from any such encroachment. With this, the Writ Petition stands disposed of. No costs. It is needless to observe that till the survey operations are carried out and till it is determined that the writ petitioner has occupied any such sikham land and till a final decision in the matter is taken, after providing an opportunity of hearing to the writ petitioner, the writ petitioner may not be evicted from the land under his possession as of today. Copy of the communication dated 05.05.2011 of the Tahasildar, Hanamkonda addressed to the learned Government Pleader for Revenue has been kept on record. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 7th June 2011 ksld