IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5033 of 2009 Between: ..... PETITIONER(S) AND .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Counsel for the Petitioner:MR.B.CHANDRASEN REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5033 of 2009 ORDER: Sri G.V. Pratap Reddy, the husband of the 3rd petitioner filed an application before the Deputy Collector and Mandal Revenue Officer, Balanagar Mandal, Ranga Reddy District, the 1st respondent herein with a request to demarcate and survey the land in Survey Nos.16 and 17 of Allapur Village, Balanagar Mandal. The 1st respondent initiated steps and issued notices to the affected parties including respondent Nos. 3 to 9 proposing to conduct the survey on 30-12-2008. Respondent Nos. 3 to 9 however made a representation dated 29-12-2008 stating that suits filed by the petitioners and others are pending in relation to the land and in that view of the matter, survey cannot be conducted. The petitioners stated that acting on the representation made by respondent Nos. 3 to 9, the 1st respondent is not taking steps and they seek appropriate directions. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The 1st respondent recognised his obligation under the Andhra Pradesh Survey and Boundaries Act and issued notices to respondent Nos. 3 to 9 proposing to conduct survey on the application dated 03-11- 2008 filed on behalf of the petitioners. However, once it was brought to his notice that suits are pending, he deferred further steps. It is not in dispute that the petitioners filed O.S No. 2301 of 2008 in the Court of II Additional Senior Civil Judge, Ranga Reddy District, LB Nagar. Another suit being O.S No. 1825 of 2008 is also pending in that Court. The petitioners can file an appropriate application in the pending suits either for survey or for other incidental purposes. Hence, the writ petition is disposed of leaving it open to the petitioners to file an application before the Court of II Additional Senior Civil Judge, Ranga Reddy District in O.S No. 2301 of 2008 for the relief of direction to the 1st respondent to cause survey. The said trial Court shall examine the application on its own merits and pass appropriate orders thereon within a period of four weeks from the date of presentation, after hearing the concerned parties. L. NARASIMHA REDDY, J 13-03-2009 ks