IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 8677 of 2008 Between: Smt.Gajam Amrutha W/o.Gangadhar Koratla proper and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Mandal Revneue Officer (Tahsildar), Koratla Mandal, Karimnagar District. 2 The Mandal Surveyor, Koratla Mandal, Office of the Koratla Mandal, Karimnagar District. 3 The Koratla Municipality, rep.by its Commissioner, Koratla, Karimnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other writ order or direction declaring the action of the respondent No.1 and 2 in not measuring the land in SY.No.262 admeasuring 0.25 guntas by surveying the same situated at Koratla Shivar, Koratla proper and Mandal, Karimnagar District even though the respondent No.1 issued the orders on 20.12.2007 and the action of the respondent No.3 in assigning the House number in favour of the persons of his choice even though so far the land is not surveyed and measured and the entire land an extent of the 0.25 guntas in Sy.No.262 situated at Koratla shivar, Koratla proper and Mandal, Karimnagar District belongs to the petitioner as arbitrary, illegal, null and void and violative of Articles, 14,19,21 and 300-A of the Constitution of India and also violative of principles of natural justice. Counsel for the Petitioner : MR.K.VENUMADHAV Counsel for the Respondents : GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8677 of 2008 ORAL ORDER : This writ petition is ﬁled by the petitioner seeking mandamus declaring the action of respondent Nos.1 and 2 in not surveying and measuring the land belonging to the petitioner admeasuring 0.25 guntas in Survey No.262, situated at Koratla Shivar, Koratla Mandal, Karimnagar District, and the action of respondent No.3 in assigning the house number in favour of the third persons without measuring the land as arbitrary and illegal. 2. It is the case of the petitioner that she is the absolute owner and possessor of the land admeasuring 0.25 guntas in Survey No.262, situated at Koratla Shivar, Koratla Mandal, Karimnagar District. Since some third parties viz., (1) Smt. Suraneni Prameela, w/o.Hanumantha Rao, (2) Smt. Cheeti Swaroopa, w/o. Venkatrao, and (3) Cheeti Venkatrao, s/o. Ramarao, have grabbed a portion of the said land, she ﬁled a case before the Special Tribunal constituted under the Land Grabbing Act (for brevity “the Tribunal”) wherein the Tribunal issued orders directing respondent Nos.1 and 2 i.e., Mandal Revenue Oﬃcer (Tahsildar), Koratla Mandal, Karimnagar District, and the Mandal Surveyor, Koratla Mandal, Karimnagar District, respectively, to survey and measure the land in Survey No.262. Accordingly, the ﬁrst respondent issued orders, dated 20-12-2007, to the second respondent to survey and measure the land in dispute and issued notices to all the above said persons by fixing the date of survey on 22-12-2007. But, so far they have not conducted the survey and measured the disputed land. While so, in spite of bringing the factum of the pendency of a case and also the directions of the Tribunal to survey and measure the land, the third respondent i.e., Commissioner, Koratla Municipality, Karimnagar District, has issued assessment orders and assigned the house number to the disputed land in favour of one Surneni Hanumantha Rao. Hence the present writ petition seeking a direction to the respondents to implement the orders of the Tribunal. 3. Heard learned counsel for the petitioner as well as the learned Government Pleader for Revenue. 4. Admittedly, the petitioner ﬁled a land grabbing case before the Tribunal and the Tribunal had directed respondent Nos.1 and 2 to survey and measure the land. Therefore, once the petitioner approached the Tribunal, if any of the orders of the Tribunal are violated and not implemented, it is for the petitioner to approach the competent Court for implementation of the orders of the Tribunal and this Court cannot interfere with the matter when the same is pending before the Tribunal. 5. Accordingly, the writ petition is dismissed with a liberty to the petitioner to approach the competent Court for implementation of the orders of the Tribunal. There shall be no order as to costs. ________________________ JUSTICE N.V. RAMANA 17-10-2008. Msr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Mandal Revneue Officer (Tahsildar), Koratla Mandal, Karimnagar District. 2 The Mandal Surveyor, Koratla Mandal, Office of the Koratla Mandal, Karimnagar District. 3 The Koratla Municipality, rep.by its Commissioner, Koratla, Karimnagar District. 4. Two CCs to the Government Pleader for Revenue, A.P. High Court Buildings, Hyderabad (OUT). 5. Two CD copies HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8677 of 2008 17-10-2008 Msr