HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 28635 OF 2008 DATED 18th December, 2014.
BETWEEN Bommana Bapu Reddy ….Petitioner And The District Manager, Civil Supplies, Adilabad, Adilabad District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 28635 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner purchased the land to an extent of Ac.0.20 guntas in Sy.No.702/1 of Tandur sivar, Tandur village and Mandal, Adilabad District under registered sale deed dated 30.10.2004. Since then the petitioner is in possession of the said land. He submitted an application to the Grampanchayat, Tandur, seeking permission for construction of a house over the said land and the same was granted on 10.01.2006. When he started construction of the building, two persons tried to interfere with the same. In those circumstances, he filed O.S.No.12 of 2005 before the Court of the learned Junior Civil Judge, Asifabad seeking perpetual injunction and obtained an ex parte temporary injunction in I.A.No.24 of 2005.
When the things stood thus, the third respondent tried to interfere with the peaceful possession of the petitioner and in those circumstances, the petitioner filed Writ Petition No. 10451 of 2006 wherein the respondents filed a counter affidavit stating that they would not interfere with the land of the petitioner and in view of the same, the said Writ Petition was dismissed by order dated 18.07.2006. Thereafter the petitioner submitted an application on 4.3.2008 to the Survey and Land Records Department seeking to conduct survey and fix the boundaries in respect of the said land. However, the revenue officials under the guise of there being Government land in Sy.No.9 of Kisthampet sivar, which is situated adjacent to the land of the petitioner, tried to interfere with the possession of the land of the petitioner. Then the petitioner filed Writ Petition No.21689 of 2008 seeking to conduct survey and the said Writ Petition was disposed of by this Court by order dated 30.09.2008 directing the respondents therein to conduct survey within two months. Pursuant to the same, a notice was issued by the office of the Survey and Land Records to the petitioner for conducting survey on 24.12.2008, but survey was not completed so far. Apprehending interference by the respondents with his land, the petitioner filed the present Writ Petition.
Even after six years from the date of filing the present Writ Petition, no counter affidavit is filed by the respondents. In the circumstances the averments made by the petitioner in the affidavit filed in support of the Writ petition have to be treated as correct. In the circumstances, this Writ Petition is allowed and the respondents are directed not to interfere with the peaceful possession and enjoyment of the land of the petitioner admeasuring to an extent of Ac.0.20 guntas in Sy.No.702/1 of Tandur Sivar, Tandur Mandal, Adilabad District. However, it is made clear that if the respondents requires the said land, they have to take necessary steps in accordance with law.
Subject to the above, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 18th December, 2014. Msnrx