THE HON’BLE SRI JUSTICE K.SARATH

WRIT PETITION No.20699 of 2020

ORDER

Heard learned counsel for the petitioner, learned

Assistant Government Pleader for Revenue appearing for respondent Nos.1, 3 and 4, learned Standing Counsel for the respondent No.2 and learned counsel for the respondent No.5

and perused the entire material on record.

2. Learned counsel for the petitioner submits that

basing on the representation submitted by the respondent No.5 herein on 28.11.2019 to the respondent No.2 in respect of the land admeasuring to an extent of Ac.1-38 guntas in Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Mandal, Medchal-Malkajgiri District, the respondent No.2 vide proceedings dated 11.12.2019 in Lr.No.2/119/19/TS-RU to the respondent No.3 with regard to the encroachment. Consequently, the respondent No.4-Tahsildar issued impugned notice in proceedings bearing No.B/246/2020 dated 18.08.2020 to the petitioner. Aggrieved by the action of the respondent

No.4-Tahsildar, petitioner filed the present Writ Petition.

3. Learned counsel for the petitioner further submits that without giving proper application to the concerned authority for conducting survey in the subject land, the respondent No.5 has approached the respondent No.2. Mere basing on the representation filed by the respondent No.5, the respondent No.2 herein directed the respondent No.3-District Collector to submit a report indicating the facts and action taken report with regard to the encroachment of the subject land. In view of the same, The Joint Sub-Registrar addressed a letter in Lr.No.225/2020, dated 29.07.2020 to the respondent No.4- Tahsildar and submitted the report of the action taken. Therefore, the respondent No.4-Tahsildar issued notice bearing No.B/246/2020 dated 18.08.2020 to the petitioner and the same is illegal and arbitrary and requested to allow the writ petition by setting aside the impugned notice bearing No.B246/2020, dated 18.08.2020.

4. Learned Standing Counsel for the respondent No.2, basing on the counter affidavit, submits that the respondent No.2 has not ordered any inspection, but it has addressed letter to Collector and District Magistrate for submission of facts and action taken report on the petition filed by the respondent No.5 before the respondent No.2.

5. Learned Standing Counsel further submits that the respondent No.2 has not ordered any inquiry but addressed a letter and brought the plea of the respondent No.5 to the Collector and District Magistrate for submission of facts and action taken report, which is one of the primary mandate of the respondent No.2 to investigate and monitor all matters relating to the safeguards provided for Schedule Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards and to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes.

6. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that it is made clear that there is no dispute with regard to the title of the subject land i.e. land admeasuring to an extent of Ac.1-38 guntas in Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Mandal, Medchal-Malkajgiri District. The grievance of the respondent No.5 herein is that the petitioner has constructed a compound wall in the year, 2015 by encroaching his land. In view of the same, the respondent No.5 has made a representation before the respondent No.2. But, the respondent No.5 has not made any application for conducting survey for his land to an extent of Ac.1-38 guntas in Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Mandal, Medchal- Malkajgiri District, wherein the petitioner has purchased the land admeasuring to an extent of Ac.38-00 guntas in Sy.No.62/A and the same was mutated in the name of the petitioner vide proceedings bearin