Kondadi Hanumantha Rao vs N. Venkateswara Reddy
2021 Latest Caselaw 3668 Tel

  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.

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