The High Court directed the Tahsildar and Station House Officer to immediately initiate a survey of land in Sy. No. 14108/2019 order remain unimplemented within six weeks of the order date.
Directed respondents 3 to 5 to conduct land survey within six weeks following due process and serving notices.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE JUSTICE SRI U.DURGA PRASAD RAO Writ Petition No.4892 of 2020
ORDER:
Delete the name of Government Pleader for Land Acquisition.
2. Heard Sri M.Ravindra, learned counsel for petitioners, and learned Assistant Government Pleader for Revenue representing the respondents 1 to 4.
3. The grievance of the petitioners as submitted by the learned counsel for petitioners is that though in W.P.No.14108/2019 an order was passed on 20.11.2019 for conducting survey with the police aid, however, till date no action has been initiated by the respondents 3 to 5 in that regard. He seeks a direction in that regard. The order in W.P.No.14108/2019 reads thus:
“ In view of my foregoing discussion, the third respondent/Tahsildar, Rapur Mandal, SPSR Nellore District is directed to address a letter to the fourth respondent/Station House Officer, Rapur Police Station, fixing the date for providing police protection for conducting survey of land in Sy.No.171 of Pangili Village, Rapur Mandal and on receipt of such letter, the fourth respondent/Station House Officer, Rapur Police Station is directed to provide necessary police protection, for conducting survey of land in Sy.No.171 of Pangili Village, Rapur Mandal. ”
4. Thus, the above order is pellucidly clear to the effect that the Tahisldar i.e., 3rd respondent herein was directed to address a letter to 5th respondent herein for providing police protection for conducting survey of the land in Sy.No.171 of Pangili Village, Rapur Mandal, SPSR Nellore District and on receipt of such letter, the Station House Officer, Rapur Police Station shall provide necessary police protection for conducting survey of the land in Sy.No.171.
5. It is deplorable to hear from the learned counsel for petitioners that till
date no steps have been initiated for conducting survey.
6. In that view of the matter, this writ petition is disposed of with a direction to the respondents 3 to 5 to take immediate steps for conducting survey by following due process of law and for conducting such survey if notices are to be served on the relevant persons, they have to send notices and then conduct survey. The entire exercise shall be completed within six
(6) weeks from the date of receipt of a copy of this order. No costs.
As a sequel, interlocutory applications, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
15.03.2022
Note : Issue C.C. by 19.03.2022 (B/o) MVA
2 issues framed by the court
Whether the Writ Court should direct the respondents to initiate the survey of public land after a prior court order remains unimplemented.
Whether the Tahsildar and the Police Station must provide police protection for the survey as per the mandate of W.P. No.14108/2019.
Petitioners
Government Pleader for Land Acquisition
Respondents 1 to 4
Third Respondent/ Tahsildar
Fifth Respondent/ Station House Officer
U. Durga Prasad Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
