THE HON’BLE SRI JUSTICE V.ESWARAIAH CONTEMPT CASE No.90 of 2008 ORDER: Heard. It is the case of the petitioner that he was granted pattadar pass books in the year 2005 for the land admeasuring Ac.21-09 gts., in respect of part of the land of Dakla bearing No.1281, situated at Kandichimnapur Village, Sangareddy Mandal, Medak District, out of the land admeasuring Ac.63-09 gts., which was the inam land. As the survey number was not assigned to the said land, the petitioner made a representation before the Joint Collector, Medak at Sangareddy on 06-08-2007, to direct the respondent to conduct survey and assign new survey number, on which, the Joint Collector also made an endorsement directing the respondent to conduct survey and to file a report. As the respondent has not taken any action, the petitioner has filed W.P.No.25662 of 2007 before this Court seeking to declare the action of the respondents therein in not disposing of his representation, dated 06-08-2007, for conducting survey of his land bearing Dakla No.1281 (Dharma Sagar) to an extent of Ac.63-09 gts. situated at Kandichimnapur Village, Sangareddy Mandal, Medak District, as illegal and arbitrary and consequently to direct the respondents to consider and dispose of the said representation. The said writ petition was disposed of by this court on 03-12-2007 by observing as follows:- “Having regard to the facts and circumstances of the case, the petitioner is at liberty to make a fresh representation before the Assistant Director of Survey and Land Records at Sanga Reddy, pursuant to the endorsement made on the representation of the petitioner, dated 06-08-2007. If any such representation is made, the 2nd respondent is directed to measure the land and submit a report as per the endorsement of the Joint Collector, dated 09-08- 2007, as expeditiously as possible, without any undue delay.” Learned counsel appearing for the petitioner submits that pursuant to said order, the petitioner made a representation to the respondent herein on 10-12-2007 seeking sub-division and allotment of new survey number. But, the respondent has not taken any action. Therefore, the petitioner filed the present Contempt case contending that the respondent has intentionally and wilfully disobeyed the order of this Court. But, the said Contempt Case was dismissed as withdrawn with liberty to question the report submitted by the Assistant Director, Survey and Land Records to the District Collector, Medak at Sanga Reddy in Lr.No.A9/1895/07, dated 20-08-2007. Learned counsel appearing for the petitioner submits that the contempt case was withdrawn in view of the counter filed by the respondent. But, it is stated that since the respondent filed counter misleading and suppressing the real facts, the petitioner filed C.A.No.344 of 2004 seeking restoration of the contempt case by setting aside the order, dated 28-02-2008. This Court by order, dated 30-04-2009, set aside the order, dated 28- 02-2008 and the Contempt Case is restored to its file. After restoring the said contempt case, this Court passed an order, dated 30-04-2009, directing the respondent to conduct survey and demarcate the land of the petitioner to an extent of Ac.63-09 gts., situated at situated at Kanchichimnapur Village, Hamlet of Kandi Village, afresh and submit a report along with a plan in compliance with the order of this Court in W.P.No.25662 of 2007, dated 03-12-2007. Thereafter, on 17-07-2009, the learned counsel appearing for the respondent stated that to conduct a fresh enquiry and to demarcate the land to an extent of Ac.63-09 gts., situated at Kanchichimnapur Village, Hamlet of Kandi Village, and to submit a fresh report along with plan, it requires some more time, as the previous incumbent has already retired from service and the present incumbent is pursuing the expeditious survey in consultation with the District Collector and accordingly, the matter was adjourned to four weeks so as to enable the respondent to file survey report. Pursuant to the aforesaid order, today the respondent has filed a report, dated 25-03-2010, along with a map of Kandichimnapur Village, Sangareddy Mandal, showing Dharmasagar lands un-surveyed block. It is stated that as per the order of this court, dated 30-04-2009, on 17-08-2009, he has visited the land covered by an unsurveyed block known as “Dharmasagar lands”, after issuing notice to the petitioner. The petitioner represented that the land covered by tank including the land towards its Southern side belongs to him and he has sold the land, in which he is not in possession and one Sri R.V.S.S.S.S.Raju, GPA Holder of purchasers viz., (1) Ancha Srinivas Rao (2) Prasanna Lakshmi and (3) Krishnaveni, had submitted certain documents requesting for demarcating of their land admeasuring Ac.35-03 gts., out of the land admeasuring Ac.63-09 gts., stating that they have purchased Ac.35-03 gts., under registered sale deeds. It is stated that when some third parties sought to interfere with their possession, they have approached the civil Court and obtained interim injunction in their favour and the same is subsisting. It is stated that the representations of Ancha Srinivas Rao, Prasanna Lakshmi and Krishnaveni are also considered and found that the land admeasuring Ac.35-03 gts purchased by them from the petitioner is within the boundaries of the land Ac.63-9 gts. belonging to the petitioner, but demarcation of the boundaries has not been made. It is stated that the petitioner has also agreed that he had sold the land admeasuring Ac.35-03 gts., out of Ac.63-09 gts . Having regard to the facts and circumstances of the case, the contempt case is disposed of directing the respondent to demarcate the land sold by the petitioner to an extent of Ac.35-03 gts. in favour of Acha Srinivas Rao, Prasanna Lakshmi and Krishnaveni and assign appropriate survey numbers in respect of the land retained by the petitioner and sold by the petitioner from out of total extent of Ac.63-09 gts., situated at Kandichimnapur Village, Sangareddy Mandal, Medak District. There shall be no order as to costs. __________ 30-04-2010 Prv