UNKNOWN Vs. M. VARADAPPA NAIDU

JUDGEMENT

(1.) This appeal is filed under Clause 15 of Letters Patent Appeals against the orders passed by the learned Single Judge in I.A.No.1 of 2021 in W.P.No.22529 of 2021, dated 03.10.2021, where under the possession of this petitioner is protected, directing the respondents not to interfere with the possession and enjoyment of the land and building in Survey No.478 vide Khata No.365 of Tiruchanoor village, Tirupati Rural, Chittoor District. But, while granting an interim order, the learned Single Judge granted liberty to the respondents to conduct their operations insofar as Survey No.479 of Tiruchanoor Village, Tirupati Rural, Chittoor District, having khata No.20000512 of Tiruchanoor Village, Chittoor District is concerned. It is also made clear in the order, in view of the controversies in regard to the land on ground the respondents were directed to conduct survey for demarcation of Survey Nos.478 and 479 of the Tiruchanoor Village giving notice to the petitioner as well as the other concerned. The survey report along with sketch and drawings showing about demarcation and noting down the physical features of the subject land of petitioner, a direction was issued to the respondents, to file along with counter affidavit.

(2.) The main grievance of this petitioner is that taking advantage of the last paragraph of the order impugned granting liberty to the respondents to conduct their operations insofar as Survey No.479 is concerned, they issued notice in Roc.A/300/2021, dated 05.10.2021, only to this petitioner by the Tahsildar, proposing to conduct survey on 09.10.2021 at 10.00 a.m. marking a copy to this petitioner and other officials without marking any copy to the neighbouring owners of the land. Therefore, the last paragraph of the order impugned is now under challenge, by camouflaging the order, the revenue officers may demolish the building of this petitioner, taking advantage of the survey report and therefore, the same is illegal and part of sentence of the order is contrary to the law. The respondents are taking advantage of such direction exercising their power to demolish the building, without identifying the land in Survey No.479 on ground properly and without issuing notice to other neighbouring owners of the land.

(3.) Learned counsel for the petitioner, at the stage of admission, reiterated the contentions and mainly contended that in view of the direction in last paragraph of the order impugned, the respondents may attempt to demolish the building of the petitioner, as if the building is in Survey No.479 of Tiruchanoor Village, Tirupathi Rural, Chittoor District. Whereas the learned Government Pleader for Revenue, Sri G.L.Nageswara Rao, contended that the land in Survey No.479 is classified as 'vaagu poramboke' and belongs to the Government. Therefore, any construction therein is liable to be demolished, whereas the Government Pleader for irrigation also supported the action of the respondents.