HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.40681 of 2022
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.
2. The petitioners herein are claiming possession and right over the land admeasuring Ac.0-13 gts in Sy.No.25/U1, Ac.0-13 gts in Sy.No.25/U2 and Ac.0-12 gts in Sy.No.25/U3, situated at Chinna Gottimukkula Village, Shivampet Mandal, Medak District. When the unofficial respondents tried to interfere with their possession over the aforesaid property, petitioners have filed a suit vide O.S.No.32 of 2015 and the same was decreed on 30.01.2019 by the learned Senior Civil Judge, Medak. According to the learned counsel for the petitioners, no appeal was filed against the said decree and judgment and the same became final. The unofficial respondents are also claiming that they are absolute owners and possessors of land admeasuring Ac.0-39 gts in Sy.No.25 UU, UU2, UU3, UU4, situated at Gottimukkula Village, Shivampet Mandal, Medak District. They have filed a suit vide O.S.No.42 of 2015, against the petitioners, alleging that they are interfering with the possession of unofficial respondents over the subject 2 property and the same was decreed by order dated 30.01.2021 by the learned Senior Civil Judge, Medak. According to learned counsel for the petitioners, no appeal filed against the said decree and judgment and the same became final. Therefore, at the instance of unofficial respondents, the 8th respondent had issued notices dated 23.03.2022, 06.09.2022 and 28.09.2022 proposing to conduct survey in respect of land in Sy.Nos.25, 32, 2A and 27. The petitioners herein have submitted their objections dated 12.09.2022 with the 8th respondent. Despite receiving and acknowledging the said objections, the 8th respondent did not act upon the same.
3. Now, the grievance of the petitioners is that, 8th respondent is proceeding with the survey without putting the petitioners on notice and without affording them an opportunity of hearing. Vide the aforesaid notice dated 27.10.2022, the 8th respondent has proposed to conduct survey on 09.11.2022.
4. In view of the aforesaid discussion, this Writ Petition is disposed of granting liberty to the 8th respondent to proceed with the survey pursuant to notice dated 27.10.2022 by putting the petitioners, respondent Nos.9 to 12 on notice and affording them an opportunity of hearing. The 8th respondent shall consider the aforesaid objections dated 12.09.2022 submitted 3 by the petitioners. He is further directed to conduct survey strictly in accordance with law. Both the petitioners and unofficial respondents shall cooperate with the 8th respondent in concluding the aforesaid survey. On completion of the said survey, 8th respondent shall submit report to 6th respondent and also a copy to the petitioners as well as to unofficial respondents. If the 8th respondent is not inclined to accept the objections submitted by the petitioners dated 12.09.2022, he shall assign specific reasons, pass a reasoned order and furnish copy of the same to the petitioners herein and to unofficial respondents 9 to 12. He shall complete the entire exercise within a period of 45 days from the date of receipt of copy of this order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
___________________ K. LAKSHMAN, J Note: Furnish C.C today November 07, 2022 SSY 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.40681 of 2022 November 07, 2022 SSY