The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.28243 of 2011 Date: 9th November, 2011 Between: P.Nagaraja Reddy ..... Petitioner and 1.The Districat Collector, Chittoor District and 2 others. .....Respondents Counsel for the Petitioner: Mr.A.Chandraiah Naidu Counsel for Respondent Nos.1 & 2: GP for Revenue Counsel for respondent No.3: Mr.G.Ramachandra Reddy, SC for TUDA The Court made the following : O R D E R: The petitioner, who is the owner of Ac.1-63 cents of land in Survey No.777/1A and Ac.2-71 cents in Survey No.777/1C, situated in Mutampalli Village, Hamlet of Pitchinaidupalli Gram Panchayat, Chandragiri Mandal, Chittoor District, filed the present Writ Petition feeling aggrieved by the action of respondent No.3 in allegedly encroaching into his land in Survey No.777/1A and raising construction for a community hall for women. The learned Government Pleader for Revenue, representing respondent Nos.1 and 2, placed before the Court a copy of the fax message, sent by respondent No.2, wherein it was inter alia admitted that the petitioner is the owner of the patta lands in Survey Nos.777/1A and Survey No.777/1C. However, it is stated therein that adjacent to the patta lands of the petitioner, there exists a 30 feet road and that a part of the petitioner’s land is occupied by the said road. It is further stated that abutting the petitioner’s patta lands, an extent of Ac.2-49 cents in Survey No.777/2, belonging to the Government, is in existence, over which 57 houses have been constructed for Harizans; that an extent of Ac.0-02 cents is lying vacant and that on a request made by respondent No.3, the said land has been handed over to respondent No.3 for construction of YSR Mahila Bhavan in the month of March, 2011. A perusal of the record shows that the petitioner made a representation on 03-10-2011 to respondent No.2 complaining that respondent No.3 has encroached on his land in Survey No.777/1A and requesting to get the survey conducted and render justice to him. The rival pleas taken by the parties would show that there is a dispute as to the survey number, in which the community hall is proposed to be constructed. Unless proper survey is conducted, it is not possible for this Court to give a finding on this disputed question. Accordingly, respondent No.3 is directed to cause a survey conducted, as requested by the petitioner vide his representation, dated 03-10-2011. If it is found in the survey report that any part of the petitioner’s land, situated in Survey No.777/1A, is encroached for the purpose of construction of community hall, respondent No.3 shall not raise such construction. A copy of the survey report shall be supplied by respondent No.2 to the petitioner and respondent No.3. Till survey is completed, respondent No.3 shall not raise any construction over the land in question. Subject to the above direction, the Writ Petition is disposed of. As a sequel, WPMP.No.34869 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 9th November, 2011 Note: Furnish CC in one week. (B/o) LUR