Manjula Chellur, C.J.
We have gone through the judgment of learned Single Judge. Respondent writ petitioner approached learned Single Judge in the writ petition complaining that in spite of submitting an application before first respondent Tribunal for effecting survey of property belonging to him based on title deeds in his possession, no action whatsoever was taken except forwarding the application to the Taluk Surveyor. As a matter of fact, present appellant himself got impleaded as additional respondent and he submitted that petitioner has not paid any basic tax in respect of the property in question. Learned Judge, after referring to the actual dispute between the parties, opined that the rights of both petitioner and party respondents could be looked into at the time of considering the application for effecting survey of the property purchased by the appellant. It is also observed that if any dispute regarding title arises, the parties have to approach appropriate forum for redressal of their rights. Specific observation is made that Taluk Surveyor has to take into consideration the documents made available both by the petitioner and the additional respondents as well. Accordingly, at paragraph 3, directions were issued as under:
“The first respondent is directed to conduct necessary survey of the property taking into consideration the documents produced by the petitioner as well as additional respondents 3 to 6. This shall be done within a period of three months from the date of receipt of a copy of this judgment. Orders if any shall be communicated to the additional respondents also. It is made clear that if any parties have any dispute regarding the title, they shall be free to approach the civil court for appropriate reliefs.”
According to appellant, title deed obtained by petitioner is wrong and further the very application for effecting survey is erroneous and is not in accordance with the rules contemplated. When additional respondent is permitted to represent before Taluk Surveyor, it is permissible to him even to raise objection regarding maintainability of application apart from raising objections on the rights of the parties. He is entitled to bring on record before Taluk Surveyor all facts which are necessary so far as effecting survey sought by the petitioner, including maintainability of the application. In the light of above observation, we find no reason to entertain this appeal and accordingly appeal is dismissed. After getting report by the Taluk Surveyor, first respondent shall conduct proceedings in accordance with the procedure and do the needful.
MANJULA CHELLUR, Chief Justice jes P.R.RAMACHANDRA MENON, Judge