IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 21902 of 2002 Between: Aluru Srilakshmi W/o Ahl. Manohara Rao Rep. by her Power of Attorney, Ahl. Manohara Rao S/o Chalapati, Kakinada. ..... PETITIONER AND 1 The District collector Kakinada, East Godavari District. 2 The Revenue Divisional Officer Peddapuram , East Godavari District 3 The Mandal Revenue Officer Prathipadu Mandal, Prathipadu East Godavari District 4 Gram Panchayat Rep. by its Panchayat Secretary Sarabhavaram, Prathipadu Mandal, East Godavari District 5 Sri Amaradhi Venkat Rao S/o Ramachanraiah Gram Panchayat, Sarabhavaram, Prathipadu Mandal East Godavari District 6 Sri Sugasani Venkata Brahmaji Rao S/o Venkatapati R/o Sarabhavaram, Prathipadu Mandal East Godavari 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 a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondent in proceeding with the survey of the Petitioner's private land only situated in S.No. 156 of Sarabhavaram Village, Prathipadu Mandal, East Godavari District, without notice of survey to the Petitioner herein pursuant to the proceedings Ref (D) /1305/2002 dt. 28/10/2002 of the Mandal Revenue Officer, Prathipadu Mandal, Prathipadu, East Godavari Dist, 3rd Respondent herein as illegal, arbitrary , unreasonable and violation of Articles 14 and 300-A of the Constitiution of India. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 21902 of 2002 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the respondents in proceeding with the survey of the petitioner’s private land, situated in S.No.156 of Sarabhavaram village, Prathipadu Mandal, East Godavari District, pursuant to the proceedings Ref(D)/1305/2002 dated 28.10.2002 of the 3rd respondent – Mandal Revenue Officer, without any notice, as arbitrary, illegal and violative of Articles 14 and 300-A of the Constitution of India. According to the petitioner, he is the absolute owner and possessor of land admeasuring Ac.13-20 cents in S.No.156 of Sarabhavaram village of Prathipadu Mandal, East Godavari District. Taking advantage of the absence of the family of the petitioner in the village, at the instance of the then Sarpanch of the Gram Panchayat – 5th respondent and his followers, one Suganasi Venkata Brahmaji Rao – 6th respondent and his supporters tried to lay road in the petitioner’s private land in the name of food for work programme. Therefore, the petitioner filed W.P. No. 18002 of 2002 before this Court and the same was disposed of on 26.9.2002 directing the respondents therein not to lay road in the land of the petitioner without acquiring the same. It was also made clear in the said writ petition that if it emerges that any portion of the land is the assigned land or that what undertaken is only improvement of an existing cutcha road, it is not necessary to initiate acquisition proceedings. It is stated that the 5th respondent and others attempted to get the road laid through the petitioner’s land, but however, after the orders are passed by this Court, they desisted themselves from doing so. Further, O.S. No. 110 of 1993 was filed in the Court of the learned Junior Civil Judge, Prathipadu seeking injunction against the respondents therein and the said suit was decreed as prayed for on 26.2.1999 granting injunction. While the things stood thus, on 28.10.2002, the Panchayat Secretary of Sarbhavaram village came to the petitioner and informed that the 6th respondent and others submitted petitions to the M.R.O. Prathipadu and the M.R.O. has given instructions not to enter into the land and that in respect of S.No.156, survey would be conducted by the Mandal Surveyor on 2.11.2002. The Panchayat Secretary also furnished a copy of the proceedings in Ref(D) 1305/2002 dated 28.10.2002, which would make it manifest the bias attitude on the part of the respondents. Having failed before the civil Court, it is not open to the 6th respondent to submit petition after petition. So far, no notice of survey has been served on the petitioner and the petitioner came to know that the survey notices have been issued to the persons at whose instance the proceedings dated 28.10.2002 have been issued. The authorities, without giving any notice of survey and the particulars of the lands for which the survey is to be conducted, are going ahead with the survey, which will be a mere formality in the absence of any notice and opportunity to the petitioner. It is obviously an attempt to circumvent the orders dated 26.9.2002 passed by this Court in W.P. No. 18002 of 2002. If the entire area is surveyed, the authorities will be in a position to know what exactly the reality is and who are the encroachers of the Government land. If the respondents are permitted to proceed with the survey of only S.No.156 without notice to the petitioner, it will be a formal ritual and the unofficial respondents will be successful in their attempt to achieve their goal of getting road laid in their private land. Hence, this writ petition. No counter is filed. Learned counsel for the petitioner strenuously contended that what for the survey is undertaken, what was the reason for conducting survey and to what extent the survey needs to be done are not clear nor a proper notice was given to the petitioner for conducting the survey. The respondents are bent upon harassing the petitioner by trying to conduct survey of the land belonging to the petitioner without any notice and trying to dispossess him in the guise of laying road in the subject land, which is not permissible under the law. In the facts and circumstances of the case, without expressing any opinion on merits, the respondents are directed not to interfere with the possession and enjoyment of the petitioner in his land to an extent of Ac.13.20 cents in S.No. 156 of Sarabhavaram village of Prathipadu Mandal, East Godavari District, without following due process of law. Even if the respondents want to conduct any survey, the same shall not be conducted without issuing proper notice to the petitioner. The writ petition is disposed of accordingly. No order as to costs. JUSTICE C.V. RAMULU. Date: 10-7-2009. MVB.