The Bench disposed of a Writ Appeal filed by third parties challenging a Single Judge's order directing a land survey. The Court held that objections regarding religious sentiments like 'Grama Devatha' could be raised during the survey process by the third respondent after notice.
No costs.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO
AND
THE HON’BLE JUSTICE SRI V.SURI APPA RAO
WRIT APPEAL NO.914 OF 2010
JUDGMENT:
Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for the respondents. At their request, the Writ Appeal itself is taken up for disposal at the stage of admission.
The appellants, who are the third parties, filed this appeal under Clause 15 of the Letter Patent Act, inter alia, seeking to assail the order dated 09.09.2010 passed by the learned Single Judge of this Court in W.P.No.22571 of 2010 filed by the fifth respondent herein seeking a declaration of the inaction on the part of the respondents in not considering his representations dated 26.07.2010, 04.08.2010 and 25.08.2010 requesting them to conduct survey and to fix the boundary stone around the land admeasuring Ac.0.20 cents in Survey No.214 situated at Godavarru Village, Chebrolu Mandal, Guntur District, as illegal and arbitrary.
Learned Single Judge disposed of the Writ Petition directing the third respondent to act on the petitioner’s representations, get the survey conducted and the boundaries demarcated through the surveyor on the petitioner paying prescribed fees for this purpose, if not already paid.
The main grievance of the appellants is to the effect that even though there exists ‘Grama Devatha’ and other aspects, which required to be considered, as the order impugned is adversely affecting the religious feelings of the villagers, the said survey is not
permissible.
Having heard on either side and on perusal of the material available on record, especially taking into account the fact that the learned Single Judge gave direction to conduct survey in pursuance of the Writ Petition filed by the fifth respondent, there cannot be any objection of such exercise. If at all there are any objections in regard to the claim made by the fifth respondent for the structures including ‘Grama Devatha’, it is always open for the appellants to raise all their objections before the third respondent herein, who has been directed to conduct survey and the same would certainly be taken into consideration at the time of conducting survey. The ultimate result would form part of the said consideration. The third respondent is at liberty to take all such steps to which he is entitled and consider the objections, after giving necessary notice and opportunity to both the sides and the opportunity of personal hearing as well.
Subject to the above, the Writ Appeal is dismissed. No costs.
____________________ (B.PRAKASH RAO, HACJ)
__________________ (V.SURI APPA RAO, J)
23rd November 2010 RRB
2 issues framed by the court
Whether the Single Judge's direction to conduct a survey despite appellants' objections regarding religious sentiments is maintainable.
Whether the appellants are estopped from challenging the survey exercise after it was directed by this Court.
1 provisions across 1 enactments
Appellants
Third Respondent
Fifth Respondent
B.PRAKASH RAO
V.SURI APPA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
