THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No. 33959 of 2018
ORDER:
In this writ petition, the petitioner challenges the action of the respondent Nos. 1 to 3 in attempting to demolish their compound wall on four sides, situated in H. No. 5-11-58, Jyothi Nagar, Old Palvoncha, Palvoncha Town & Mandal, Bhadradri Kothagudem District, in the land admeasuring Ac.0-20 guntas in Sy. Nos. 37/AA & 38/AA under the guise of survey notice of the respondent No. 7, dated 10.09.2018 as arbitrary and illegal.
The case of the petitioner is that she is the owner and possessor the subject land by virtue of registered sale deed, dated 04.04.1983. Subsequent of the purchase, she had constructed a house duly obtaining permission from the Palvoncha Municipality on 05.03.2005. After acquisition of the land by the official respondents to an extent of Ac.5-30 guntas in the same survey numbers for construction of staff quarters of KV Sub-Station, Seetharamapatnam, they have also constructed a compound wall for towards northern side of petitioner's house. The petitioner has also constructed a compound wall covering the subject land owned by him. However, upon the application given by the respondent No. 3 seeking determination of boundaries for their acquired land of Ac.5-30 guntas, the respondent No. 7 issued notice, dated 10.09.2018 informing the petitioner about the survey to be conducted on 14.09.2018. Since the respondent No. 7 is not competent to conduct the survey, the petitioner has given an application to the respondent No. 6 requesting to conduct survey through Deputy Surveyor. However, the respondent Nos. 1 to 3 are making attempts to influence the respondent No. 7 in order to give a survey report in their favour.
2
Heard the learned counsel for the petitioner, Sri R. Vinod Reddy, the learned Standing Counsel for respondent Nos. 1 to 3, the learned Government Pleader for respondent Nos. 4 to 8 and the learned Government Pleader for Home. Perused the material available on record.
In the counter filed by respondents No.1 to 3 it is stated that the petitioner, way back in 2010, had filed a suit in O.S.No.630 of 2010 on the file of Junior Civil Judge, Kothagudem and the trial Court, duly taking into consideration the Mandal Surveyor Report, has dismissed the suit on 25.09.2013 with a categorical finding that the petitioner was in possession only to an extent of Ac.0.14 guntas, instead of Ac.0.20 guntas, as claimed by the petitioner. The petitioner did not choose to file a reply denying the said allegations.
However, the learned counsel for the petitioner states that an appeal being A.S.No.17 of 2013 has been preferred as against the Judgment and decree passed by the trial Court in O.S. No 630 of 2010 and the same was withdrawn subsequently.
Considering the facts and circumstances of the case, this Court is not inclined to pass any orders in this writ petition. Once the finding of the Civil Court that the petitioner is in possession of Ac.0.14 guntas only, has become final, no contra finding can be given by this Court under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed giving liberty to the petitioner to approach the competent Civil Court seeking declaration of title and recovery of possession, if she is so advised.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ A.ABHISHEK REDDY, J Date: 29.07.2021.
smr