IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.12721 of 2008 Between: K.V.Radha Krishnaiah s/o. Late K.V.Nagaraju, R/o. 10-591, Ankatta Road, Ranganayakulapeta, Nellore S.P.S., Nellore Distirct. ...PETITIONER AND 1 The District Collector, S.P.S.Nellore District, Nellore. 2 The Revenue Divisional Officer, Nellore S.P.S., Nellore District. 3 The Tahsildar, Nellore Mandal, S.P.S.Nellore District. 4 The Mandala Surveyor, Nellore Mandal, S.P.S. Nellore District. 5 Sri Iska Venkata Satish Kumar S/o. I.V.Saibaba REddy r/o. H.No. 16/1567, Rama Murthy Nagar, Nellore, S.P.S. Nellore District. ...RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 3 and 4 in interfering with petitioner's possession and enjoyment of ht eland to an extent of Ac. 9.74 cents in R.S.no. 1108, 1099, 1105/1 of Nellore Bit-II, Nellore Mandal, S.P.S.Nellore District and dispossessing him from the part of the said land to induct the 5th respondent without any manner of right, power or authority under the guise of survey as illegal, arbitrary and contrary to law consequently direct the respondents not to interfere with petitioner's possession and enjoyment of the said land. Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE N.V.RAMANA WRIT PETITION NO.12721 of 2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent Nos.3 and 4 in interfering with petitioner’s possession and enjoyment of the land to an extent of Acs.9.74 cents in R.S.No.1108, 1099, 1105/1 of Nellore Bit-II, Nellore Mandal, S.P.S. Nellore District as illegal and arbitrary. The petitioner states that his family purchased the above land under various registered sale deeds about 60 years ago and has been in possession and enjoyment of the same since then. On perusal of the affidavit and on hearing the arguments of the counsel on either side, it is seen that the fifth respondent filed Writ Petition No.8555 of 2006 before this Court seeking survey and fixing the boundaries of his land to an extent of Acs.4.45 cents in Survey No.1097 and an extent of Acs.4.52 cents in Survey No.1098 of Patta No.302 situated in Nellore Bit II Village, Nellore Mandal. On 02.02.2007, this Court disposed of the said Writ Petition as under. “After getting instructions, learned Assistant Government Pleader for Revenue submits that the application filed by the petitioner is still pending. Therefore, first respondent may look into the same and pass necessary orders with regard to the sub-division of the survey Nos.1097 and 1098 to the extent of Acs.0.47 after giving notice to the other owners of the land in the same survey Numbers. This exercise may be completed within a period of eight weeks from the date of copy of this order.” Basing on the said directions, notice is issued to the petitioner under Section 15 (1) and 22 of the A.P. Survey and Boundaries Act, 1923. Hence, by conducting survey, the petitioner cannot contend that the officials interfered with his possession and enjoyment of the said land. If the petitioner has any grievance, he can definitely bring the same to the notice of the Survey Officials. Hence, the Writ Petition is a premature one and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. ______________ (N.V.RAMANA, J) 19th June 2008 RRB