Writ petition challenging inaction on land survey. Court held mandamus cannot be issued while survey proceedings are stayed by Commissioner Appeals. Petitioner to pursue rights subject to appeal outcome.
Writ petition and interim relief petition disposed of as infructuous.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.35700 OF 2013
Dated 9 th December 2013
BETWEEN:
C.Narayana Swamy Reddy.
…PETITIONER
AND
1. The Government of Andhra Pradesh, Rep.by Principal SecretaryRevenue, A.P. Secretariat, Hyderabad and four others.
…RESPONDENTS
Counsel for the petitioner: Sri N.Ravi Prasad
Counsel for the respondents: Assistant Government Pleader for Revenue
The Court made the following:
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.35700 OF 2013
ORDER:
This Writ Petition is filed feeling aggrieved by the inaction of respondent Nos.3 to 5 in completing the survey of land admeasuring Acs.4.00 gts in Survey No.124/12 of Gopanpalli Village, Serilingampally Mandal, Ranga Reddy District. At the hearing, the learned Assistant Government Pleader for Revenue (Telangana Area), on instructions, submitted that on the request of the petitioner, the process of survey was initiated by respondent No.4 and that one P.Surender, S/o.P.Narasimha, approached the Commissioner Appeals in the office of the Chief
Commissioner of Land Administration, Andhra Pradesh, Hyderabad, assailing the survey proceedings and that by order dated 03.12.2013, the Commissioner Appeals granted status quo. He has placed before the Court a copy of proceedings No.P3/1046 dated 03.12.2013 of the Commissioner Appeals, whereunder he has granted an order of status quo.
A perusal of the said proceedings would show that the petitioner is arrayed as respondent No.3 in the said proceedings. In the light of the fact that the survey proceedings are stalled by the Commissioner Appeals, no mandamus can be issued for completing the survey, at this stage. The petitioner is entitled to contest the proceedings initiated by P.Surender before the Commissioner of Appeals and pursue his right for survey, subject to the outcome of the said proceedings.
Subject to the above observations, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WP.MP.No.44372 of 2013 filed by the petitioner for interim relief shall stand disposed of as infructuous.
_____________________ C.V.NAGARJUNA REDDY, J
9th December 2013 RRB
2 issues framed by the court
Whether writ of mandamus can be issued to complete land survey when proceedings are stalled by stay order of Commissioner Appeals.
Whether petitioner is entitled to contest survey proceedings initiated by third party pending appeal outcome.
C.Narayana Swamy Reddy
Government of Andhra Pradesh
Principal Secretary Revenue
Commissioner Appeals
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
