IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13313 of 2007 Between: Kavali Lakshmaiah, S/o.K.Narasimhulu, Sri Lakshmi Narsimha Swamy Devastanam, Kondurgu Village and Mandal, Mahabubnagar Dist. ..... PETITIONER AND 1 The Dist Collector, Mahabubnagar. 2 The R.D.O, Mahabubnagar Dist. 3 The M.R.O, Kondurgu Mandal, MBNR Dist. 4 The Assistant Commissioner of Endowments, Mahabubnagar Dist. 5 Sri A.Vijay Bhakar, S/o.A.Bala Narayana, R/o.Kondurgu(V) &(M), MBNR Dist. 6 The Area Marketing Manager, B.P.C.L Ltd, 45/A,Sarojinidevi Road, Secunderabad. .....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 a writ in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not demarcating the land in Sy.No.229 and 230 of Kondurgu Village and Mandal, Mahabubnagar Dist, as bad, illegal, arbitrary and pass such other order or orders as the Hon’ble Court may deem fit and proper. Counsel for the Petitioner:SRI M.VIDYASAGAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13313 of 2007 ORDER: The Chairman of Board of Trustees of Sri Lakshmi Narasimha Swamy Devastanam, Kondurgu Village and Mandal in Mahabubnagar District, filed the instant writ petition seeking a writ of mandamus declaring the action of respondent Nos.1 to 3 in not demarcating the land in survey Nos.229 and 230 of Kondurgu Village as illegal and arbitrary. The Temple statedly owns Acs.3.36 of land in survey No.229 situated at Kondurgu Village in Mahabubnagar District. The land in survey No.230 admeasuring Ac.0.15 guntas abuts the petitioner’s land. The same belongs to M/s.Sudhakar Rao and Prabhakar Rao, who are sons of Ramdas Rao who claimed possession through Urdi Pullaiah. It appears, fifth respondent leased out the land to sixth respondent for setting up a petrol pump. In the process, it is alleged that sixth respondent occupied a portion of the land belonging to the Temple. Therefore, an application was made on 28.03.2006 for survey and demarcation of the land in survey Nos.229 and 230, in vain. Therefore, the present writ petition is filed. Counter affidavits are filed by respondent Nos.3 and 6. As per the counter affidavits, the Mandal Surveyor conducted survey and earmarked the boundaries of land belonging to the Temple and the land in survey No.230 wherein sixth respondent set up petrol pump. At the time of hearing, learned Assistant Government Pleader has placed before this Court the file bearing No.C/164/07, which contains the notice issued to the petitioner and the survey map (a copy of which is handed over to the learned Counsel for the petitioner). A perusal of the map would show that the land belonging to the Temple was shown and marked as “B” in survey No.229. This, in the considered opinion of the Court, removes the cause of action of the petitioner to maintain the writ petition. The Writ Petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 01.12.2008 vs To 1 The Dist Collector, Mahabubnagar. 2 The R.D.O, Mahabubnagar Dist. 3 The M.R.O, Kondurgu Mandal, MBNR Dist. 4 The Assistant Commissioner of Endowments, Mahabubnagar Dist. 5 The Area Marketing Manager, B.P.C.L Ltd, 45/A,Sarojinidevi Road, Secunderabad. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{BMR}