The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.33901 of 2014 Dated 11.11.2014 Between:
M/s.Shruthigna Construction Pvt. Ltd. Rep. by its Managing Director Mr.Naini Narotham Reddy …Petitioner And The Govt. of Telangana Rep.by its Prl.Secretary, I & CAD Dept., Hyderabad and 5 others.
…Respondents Counsel for the petitioner: Mr.K.B.Ramanna Dora Counsel for the respondents: GP for Irrigation and CAD SC for CPDCL The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.3 in seeking to interfere with the petitioner’s possession of the plots in Survey Nos.675 to 678, 691 to 693, 703, 704 and 1187 situated at Ramakrishna Colony Village, Nusthulapur Revenue Village, Thimmapur Mandal, Karimnagar District, and also to set aside notice No. Dy EE/SD1/Divn 4/LMD/367, dated 29- 10-2014, issued by the said respondent.
I have heard Mr.K.B.Ramanna Dora, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Irrigation representing the respondents.
A perusal of the record shows that the Deputy Inspector of Survey has submitted a report, after purported survey, to respondent No.3 wherein he has informed that the petitioner has encroached upon an extent of Ac.1-09 guntas of land in the abovementioned survey numbers belonging to the Irrigation Department. Based on the said report, respondent No.3 has issued several notices including the impugned one, dated 29-10-2014, calling upon the petitioner to vacate the alleged encroached land.
Learned Counsel for the petitioner submitted that the survey was conducted behind the back of the petitioner and that, therefore, the survey report is not binding on him.
In my opinion, there is a serious dispute relating to the property in question. While it is the case of respondent No.3 that the petitioner is in unauthorized and illegal occupation of Ac.1-09 guntas of land belonging to the Government, the petitioner has been denying the same. Therefore, such a disputed question of fact can be decided only in a properly instituted suit. Accordingly, without rendering any finding on the merits of the case, the petitioner is left free to file a civil suit seeking appropriate relief.
Subject to the liberty given to the petitioner as above, this Writ Petition is dismissed.
As a sequel, WPMP.No.42412 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 11th November, 2014
LUR