Writ petition challenging a survey notice issued by a Tahsildar for land dispute resolution via Lok Adalat dismissed asimpugned notice did not determine party rights; petitioners invited to raise objections before the Lok Adalat.
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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 22601 of 2017
ORDER:
This writ petition is filed challenging the notice, dated 03.07.2017, issued by respondent No.4-Tahsildar, Pathapatnam Mandal, Srikakulam District asking the petitioners to be present on 11.07.2017 at 10.00 a.m. at the disputed site in order to conduct survey of the land admeasuring Acs.2.20 cents in Survey No.19-16 of Chinnapadmapuram Revenue Village, Pathapatnam Mandal, Srikakulam District and submit a report to the Chairman, Lok Adalat-cum-Junior Civil Judge, Pathapatnam.
A reading of the impugned notice does not indicate that the rights of the parties are going to be decided by respondent No.4 and respondent No.4 is asking the presence of the petitioners along with the documents in their possession in order to submit a report to the Chairman, Lok Adalat-cum-Junior Civil Judge, Pathapatnam. The impugned notice issued by respondent No.4 cannot be set aside.
Learned counsel for the petitioners submits that the Chairman, Lok Adalat has no jurisdiction to decide the dispute.
If that be so, it is open to the petitioners to appear before the Chairman, Lok Adalat-cum-Junior Civil Judge, Pathapatnam and raise their objections.
2
The writ petition is accordingly dismissed at the stage of admission.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
________________________ A.RAMALINGESWARA RAO,J
Dt:10.07.2017 kdl
2 issues framed by the court
Whether the notice issued by the Tahsildar for survey and report submission to the Lok Adalat affects the rights of the parties.
Whether the Chairman of the Lok Adalat has jurisdiction to decide land disputed between the parties.
Petitioner(s)
Tahsildar, Pathapatnam Mandal
A. Ramalingeswara Rao
As recorded by the court registry
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