THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.523 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
20.08.2018 passed by the learned Single Judge in W.P.No.29143 of
2018.
The undisputed facts of the case reveal that the writ petition
was preferred by the writ petitioner (respondent No.1 in the
present writ appeal) stating that his representation dated 26.04.2018 for survey of the land was not being considered by the revenue authorities. When the matter was taken up for hearing, a prayer was made to direct the respondent No.2 in the writ petition/Assistant Director to survey the land which is the subject matter of the writ petition. Accordingly, a direction was issued to deal with the representation dated 26.04.2018 and to conduct the survey within a period of two months. The aforesaid period is also over. The present writ appeal has been filed by the appellants stating that they are also having interest in the property in question, the writ petitioner was not having any right in respect of the property and the impugned order was passed behind the back of the appellants.
In the considered opinion of this Court, the learned Single Judge has not commented upon the title in respect of the property in question and has simply directed for a survey to be conducted in the matter.
2
In the light of the aforesaid, it is made clear that the survey so conducted in the matter will not affect the rights of the parties and the learned Single Judge has not decided any title dispute in respect of the writ petitioner and the present appellants. The writ petitioner and the present appellants shall be free to proceed ahead, in accordance with law, in respect of title and other rights in respect of the property in question.
With the aforesaid, the writ appeal stands disposed of. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU