IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 20805 of 2014 BETWEEN M.Adenna and another ... PETITIONERS AND The Government of Andhra Pradesh and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioners is that they are likely to be evicted in order to grant assignments of Ac.0-04 cents each to respondent Nos.4 and 5 in Survey No.28/4 of Krishnamreddypalli Village, Anantapuram Mandal and District. Petitioners state that under judgment and decree dated 02.11.2006, in O.S.No.276 of 2006 on the file of Principal Junior Civil Judge, Anantpur, they were already granted a decree for permanent injunction, whereunder the defendant i.e., the Mandal Revenue Officer was restrained from interfering with the possession of the petitioners over the suit schedule property till they are evicted by due process of law. Suit schedule land in the said suit was described as land in survey No.28/4 to an extent of Ac.0-95 cents of Kandukur Revenue Village. Petitioners are aggrieved by the proposed action of respondent No.3, wherein steps are being taken for assignment of land to an extent of Ac.0-04 cents each in the said survey number to respondent Nos.4 and 5 on payment of market value. Apprehending eviction, the present writ petition is filed. Petitioners also state that they have already filed objections on 13.03.2008, which are pending with respondent No.3.
3. Learned Government Pleader, on instructions, submits that petitioners have no doubt obtained a decree in their favour dated 02.11.2006. However, no action contrary to the said decree is contemplated and that respondent No.3 refers to directions of the Revenue Divisional Officer to measure the site in possession and enjoyment of the petitioners and respondent Nos.4 and 5. It is, therefore, stated that the Mandal Surveyor has only been directed to measure the disputed site in order to determine the possession and enjoyment of the petitioners and respondent Nos.4 and 5.
4. Since it is evident that the survey and measurement alone is contemplated and no action for eviction contrary to the decree aforesaid is contemplated, no further orders are necessary. However, respondent No.3 shall issue prior notice to the petitioners and all other adjacent landlords, if he proposes to conduct survey and thereafter conduct the survey in accordance with law.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 4, 2014 LMV