The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.26727 of 2011 Date: 23.09.2011 Between: Katragadda Rahul Chowdary ..... Petitioner AND 1.The State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad and 4 others. .....Respondents Counsel for the Petitioner: Sri P.Venugopal Counsel for respondent Nos.1 to 4: GP for Revenue Counsel for respondent No.5: AGP for Irrigation and CAD The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside Notice bearing No.50 UG, dated 12-09-2011, issued by respondent No.5, in respect of the petitioner’s house property situated in land admeasuring Ac.0-84 cents, Ac.1.10 cents, and Ac.0.84 cents in Survey Nos.278/3, 278/4 and 278/5 respectively of Komaravolu Village & Gram Panchayat, Pamarru Mandal, Krishna District. I have heard Sri P.Venugopal, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Irrigation, representing respondent No.5. By the impugned notice, respondent No.5- Assistant Executive Officer, Irrigation Department, O.R. Section, Pamarru, Krishna District, alleged that the petitioner has been removing rubble from the tank bund of Pamarru canal, without any permission, and raising construction near the canal bund, which is contrary to law. The petitioner was asked, in the said communication, to stop further activity in this regard and to remove the material, which was placed on the said land, till survey by the officials of the Irrigation Department is completed. The learned Counsel for the petitioner submitted that, while his client is not removing any rubble from the tank bund as alleged in the notice, he has constructed house over his private property, which was purchased by him vide registered sale deed bearing document No.1244/2007, dated 31st May, 2007. The learned Assistant Government Pleader for Irrigation, representing respondent No.5, submitted that the allegation contained in the impugned notice shows that the petitioner is removing rubble from the canal bund and raising construction near the said bund without permission. In my opinion, whether the petitioner is raising construction over his private land or on the land belonging to the Irrigation Department and whether he has been removing rubble from the canal bund are disputed questions of fact, which cannot be adjudicated in the present Writ Petition. Inasmuch as a survey appears to have been contemplated, as evident from the impugned notice, it would be appropriate that such survey is conducted and the truth is ascertained with respect to the above two aspects. Respondent No.5 is, accordingly, directed to get the survey completed, after issuing notice to the petitioner, within a period of one month from today. Till completion of survey and appropriate communication, based on the result of the survey, is sent to the petitioner, the respondents shall not remove the construction already made by the petitioner. At the same time, the petitioner shall also not raise further construction or carry out any work over the disputed land. The Writ Petition is disposed of accordingly. As a sequel to disposal of the Writ Petition, WPMP.No.32997 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 23rd September, 2011 LUR