A court order directing a survey of land is complied with when the relevant authority deals with the application for survey in accordance with the law and orders passed.

ORDER :

Heard Mr. Botla Venkateswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.

2. The Contempt Case is filed complaining violation of the orders of this Court dated 20.08.2018 passed in W.P.No.29143 of 2018 in the said writ petition the party respondent Nos.1 and 2 as arrayed are, The State of Telangana, represented by its Secretary, Revenue Department, Secretariat, and The Assistant Director, Survey and Land Records, Medchal Malkajgiri District, and the order passed is as under :

“The present writ petition came to be filed seeking to declare the action of the respondents in not considering the representation dated 26.04.2018, submitted by the petitioner to survey the land admeasuring Ac.2.34 gts., situated at Sy.No.45 of Shamshiguda Village, Kukatpally Mandal, Medchal District, as illegal and arbitrary.

When the matter is taken up for hearing, learned Government Pleader for Revenue would submit that the writ petition may be disposed of directing the 2nd respondent to conduct the survey of the subject land of the petitioner.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to deal with the application/representation dated 26.04.2018 of the petitioner and conduct the survey of the land of the petitioner admeasuring Ac.2.34 gts situated at Sy.No.45 of Shamshiguda Village, Kukatpally Mandal, Medchal District, at the earliest, preferably within a period of two months from today, by informing the date and time of survey to the petitioner.

With the above direction, the writ petition is disposed of.”

3. The present contempt case is filed however curiously impleading Joint Collector and Additional District Magistrate, Medchal Malkajgiri District as 2nd respondent in C.C.No.1508 of 2019 and further complaining violation of the orders of the Court dated 20.08.2018 passed in W.P.No.29143 of 2018.

PERUSED THE RECORD:

4. Counter affidavit filed by the 1st respondent, in particular para 4, reads as under :

“I state that, in compliance of the Order of the Hon’ble High Court, this respondent has directed the Deputy Inspector of Survey, Office of the Assistant Director, Survey & Land Records, Medchal-Malkajgiri District to take necessary action for conducting Survey. In turn, the Deputy Inspector of Survey had issued Survey Notices to the petitioner and other concerned persons, vide Rc.No.A2/732/2018, dated 22.11.2018 fixing the date of Survey on 28.11.2018. The petitioner had failed to show the possession of the Writ Scheduled land and the Possessors of the land, have raised objections for conducting Survey. Then the Survey was postponed and another Survey Notice was issued on 13.12.2018 fixing the date of Survey on 19.12.2018 the Survey could not be conducted due to the objections of the Possessors who fenced the land, to comply the Orders of Hon’ble Court, this respondent has issued several Survey Notices i.e., 25.04.2019, 10.05.2019, 18.07.2019, 31.07.2019 and 30.08.2019. Copies of the Notices are filed herewith for kind perusal of the Hon’ble High Court. The occupants have fenced the land and the petitioner is not in the possession of the land and there was law and order problem, the petitioner has requested the second respondent seeking Police Protection. In turn, the second respondent had addressed a letter to the Tahsildar, Kukatpally for arranging Police Protection for conducting Survey vide letter Rc.No.A2/732/2018, dated 20.07.2019. A copy of the Letter is filed herewith for kind perusal of the Hon’ble High Court. In the above circumstances and due to the objections of Sri Shankar and others, the Survey was not conducted. Hence, this respondent has issued a “MEMO” in Rc.No.A2/732/2018, dated 30.09.2019 and the same was served to the petitioner on 24.10.2019. A copy of the Memo is