THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 17445 OF 2011 O R D E R: This Writ Petition is directed against the orders of the 11th respondent, the Chief Commissioner of Land Administration in declining to grant interim orders pending the appeal preferred by the writ petitioner against the orders passed by the Joint Collector, Sri Potti Sriramulu Nellore District in his proceedings Case No. E8/2120/2008 dated 18.05.2011. The writ petitioner filed an application before the Joint Collector, Sri Potti Sriramulu Nellore District, alleging that Respondents 1 and 2 herein have encroached upon government land to an extent of Ac.0.24 cents in Survey Nos. 1782, 1783, 1784 and 1786 of East Gudur Village. The petitioner has also prayed for directions from the Joint Collector to these Respondents 1 and 2 not to erect any structures on the said land. The petitioner has also prayed for cancellation of the registration of document Nos. 363, 364 and in turn to hand over 72 ankanams of land to him as he is the legal heir of the titleholder of the said property. The petitioner has asserted that the District Collector, Nellore, through his proceedings, dated 12.02.1979, has decided to allot a house site patta to an extent of Ac.0.07 cents and Ac.0.05 cents in Survey Nos. 1783/A2/1A and 1783/A2/1B respectively situate at ICS Road in Ward No. 14 of East Gudur Village of Nellore District, on payment of market value. Accordingly, after collecting the market value, the Tahsildar, Gudur issued house site pattas on 25.06.1980 to Smt. Avula Krishnamma said to be the grandmother of the petitioner and Sri Poluru Chenchaiah said to be the grand father of the petitioner. It is the case of the petitioner that he has succeeded to the estate of these aforesaid two individuals and therefore, he has been fighting for retrieving the land from the hands of the respondents, who unjustly encroached upon the same. In view of the order proposed to be passed by me, I do not wish to deal with the various contentions and averments contained in this Writ Petition. Suffice it to notice that from the very prayer of the writ petitioner which was made to the Joint Collector, it becomes explicitly clear that he is seeking the Joint Collector to hand over 72 ankanams of land to him. It is common knowledge that six ankanams make Ac.0.01 cent and consequently, 72 ankanams make Ac.0.12 cents of land, which is exactly what the petitioner has stated that his grandmother and grandfather have acquired at market price. Therefore, the petitioner lost possession of this land, quite possibly, due to unjust reasons and factors. On the contrary, Respondents 1 and 2 contend that they are the bona fide purchasers for valuable consideration of the land in question and that they cannot be dispossessed of the land in their possession without recourse to law. The Joint Collector has painstakingly considered the entire matter at great depth. Ultimately, he has noted that the land allotted to the grand parents of the petitioner has been sold away by 3rd parties and hence, the petitioner has been advised to work out his remedies before an appropriate civil Court. However, one fact, which is staring at face on the record, is this: when a survey operation was undertaken on 13.03.2006 by the Mandal Surveyor, Chillakur, he has recorded a prima facie finding, after verification of field Nos. 32, 33 and 34 that on an average 20’ land appears to have been encroached upon on the eastern side of the ICS road and on an average 5’ width of land has been encroached upon on the western side. It is therefore, appropriate for the Joint Collector to order for a thorough verification of this aspect of the matter. He may direct the Assistant Director of Survey and Land Records, Nellore to undertake survey and inspection of the lands in question and then, record a finding of fact as to whether there was any such encroachment on the eastern and western sides of ICS Road, as suspected by the Mandal Surveyor earlier. A survey in this regard, in the presence of the unofficial respondents herein, who appear to be the bona fide purchasers of the land as well as the petitioner herein, would confirm ground realities. If it is confirmed that someone or the other has encroached upon the eastern and western sides of ICS Road, it would only, then, be appropriate for the Joint Collector to take measures for eviction of such persons from the land encroached upon by them, duly taking recourse to law in that regard. In principle, in the face of the finding of fact by the Joint Collector that the petitioner has lost out possession of the land in toto, it will be difficult to characterize the action of the Chief Commissioner of Land Administration in not granting an interim order as either arbitrary or inappropriate. I therefore, do not find any compelling reason to entertain this Writ Petition and hence, I dismiss it at the admission stage. No costs. I have heard Sri K.S. Murthy, learned counsel, who took notice on behalf of respondents 1 and 2 and filed his counter. Though it has not been admitted by them that they have encroached upon the road margin, but however, I considered it appropriate to direct survey for determining as to whether there was any such encroachment by any of the parties. If it is so determined, it goes without saying that appropriate steps are required to be taken for retrieving the land of the government/public institutions. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 8th July 2011 ksld