The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.3174 of 2014
Dated 19.09.2014
Between:
SRKKRSB.Raj Bahadur …Petitioner And Chintala Venkat Ram Reddy and 3 others …Respondents Counsel for the petitioner: Mr.B.Venkat Rama Rao Counsel for respondent No.1: Mr.P.Giri Krishna The Court made the following:
Order:
This Civil Revision Petition arises out of Order, dated 21.07.2014, in IA.No.1934 of 2014 in OS.No.515 of 2011, on the file of the Court of the learned Special Sessions Judge for trial of Cases under SC & ST (POA) Act, 1989-cum-Additional District and Sessions Judge at L.B.Nagar, Ranga Reddy District.
I have heard Mr.B.Venkat Rama Rao, learned Counsel for the petitioner, and Mr.P.Giri Krishna, learned Counsel for respondent No.1.
The only issue that has got deduced after hearing the learned Counsel for both the parties is that whether the lower Court is right in appointing an Advocate-Commissioner to measure Survey No.70 with the assistance of Mandal Surveyor and two private surveyors.
The learned Counsel for the petitioner submitted that in OS.No.933 of 2001, filed by deceased respondent No.2 for perpetual injunction against the petitioner and two others, an Advocate- Commissioner was appointed for survey and demarcation with the help of a surveyor from the office of the Assistant Director, Survey and Land Records, Ranga Reddy District and that if the lower Court has felt the necessity of further survey and demarcation of the land, it ought to have nominated the Assistant Director of Survey and Land Records to assist the Advocate-Commissioner.
The learned Counsel for respondent No.1 stated that he has no objection for replacing the surveyor appointed by the lower Court with the Assistant Director, Survey and Land Records.
Accordingly, the order under revision is modified only to the said extent. The rest of the order stands confirmed.
Subject to the above modification, the Civil Revision Petition is disposed of.
As a sequel, CRPMP.No.4355 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th September, 2014 LUR