PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE Vs. BHANOTHU RADHAMMA

JUDGEMENT

(1.) The present appeal is directed against an order dated 07.04.2016 passed by the learned Single Judge disposing of W.P.No.9832 of 2016 filed by the respondents No.1 and 2/writ petitioners with a grievance that the respondent No.4/Agricultural Market Committee (respondent No.5 in the writ petition) has encroached on their land situated in Survey No.5/2/12 of Khankhanpet Village, Kallur Mandal, Khammam District, and claiming that they were not issued any notice and the respondent No.5/contractor (respondent No.6 in the writ petition), is proceeding to dig a foundation on their land and unauthorisedly to raise a structure.

(2.) In the impugned order, while recording that it is not in dispute that both, the respondents No.1 and 2/writ petitioners as well as the respondent No.4/Agricultural Market Committee are claiming the subject land situated in Survey No.5 and while the respondents No.1 and 2/writ petitioners are claiming land admeasuring Ac.0.30 guntas in Survey No.5/2/12, the respondent No.4 is claiming the land in Survey No.5/2, the learned Single Judge observed that there appears to be a dispute with regard to the identification of the boundary and in those circumstances, directed the appellant No.3 herein (respondent No.4 in the writ petition) to conduct a ground survey, demarcate the land of the respondents No.1 and 2/writ petitioners and the respondent No.4/Agricultural Market Committee within a fixed timeline. Further, a direction was issued that pending conducting the survey status quo shall be maintained in respect of the subject land.

(3.) The limited grievance of the appellants in the present case is that the aforesaid order came to be passed without affording an opportunity to them to file a counter affidavit and had that opportunity been given, they would have brought to the notice of the learned Single Judge that the respondents No.1 and 2/writ petitioners were not even the owners of the subject land, possession whereof was taken by the Government as long back as in the year 1986.