IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18291 of 2008 Between: Aligineni Srirama Murthy S/o. Sri Jamalaiah Krishna District. ..... PETITIONER AND 1 Sub Collector Mahatma Gandhi Road, Vijayawada. 2 The Tahsildar, Vijayawada Rural Mandal, Vijayawada, Krishna District. 3 The Deputy Inspector of Survey O/o. The Sub Collector Mahatma Gandhi Road , Vijayawada. 4 The Mandal Surveyor O/o. The Tahsildar, Vijayawada Rural, Vijayawada. 5 Sri Devineni Rama Rao S/o. Late Sri Jamalaiah Garu Kothur Tadepalli, Via Ramakotinagar, Vijayawada-12 .....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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaration that the repeated attempts of the respondent No.3 to repeatedly cause survey right in the teeth of the report drawn up in the past dt. 26-10-2006 and attempting to disturb the resolution No. 156 dt. 21- 8-2003 of the Gram Panchayat as illegal, unconstitutional arbitrary and violative of Articles 14, 243 G and Principles of natural justice and to pass such other appropriate order or orders Counsel for the Petitioner: MR.T.JAGDISH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: MR.P.NAGENDRA REDDY, CAVEATOR The Court made the following : ORDER: The writ petition is ﬁled questioning the Survey Notice issued by the Mandal Surveyor, Vijayawada Rural, the 4th respondent herein directing the petitioner to appear on 20.06.2008 for conducting survey of the land in an extent of Ac.2.05 cents situated in Survey Nos.192/2 and 192/2B of Tadepalli Village, Vijayawada Rural Mandal, at the instance of the unofficial respondent herein. The summary of the contentions of the petitioner in the writ petition is that already a survey was conducted to his land situated in Survey No.192/1 of Kothuru, Tadepalli Village, Vijayawada Rural Mandal, by virtue of the orders passed by this Court in W.P.No.15129 of 2005 and, therefore, there is no need to conduct a second survey and that in spite of the directions of the higher oﬃcials, the Mandal Revenue Officer is conducting the second survey. Pursuant to the notice issued by this Court on 26.7.2008, the oﬃcial respondents as also the unoﬃcial respondent have filed counter-affidavits. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue and the learned counsel appearing for the ﬁfth respondent, and at their request the writ petition is taken up for hearing at the admission stage itself. It is submitted by the learned Government Pleader that the unoﬃcial respondent has made an application on 01.02.2008 seeking survey of his land situated in Survey Nos.192/2A and 192/2B in an extent of Ac.2.05 cents and also sought for ﬁxing of the boundaries to the said land. Taking into consideration the said request, now the fourth respondent is going to conduct a survey, which in no manner aﬀects the rights of the petitioner. The learned counsel for the unoﬃcial respondent has reiterated the same contentions. Though several issues are raised in the writ petition, ultimately it is only the land of the unoﬃcial respondent which is going to be surveyed at his request and that since the petitioner is the neighbourer, the fourth respondent has issued a notice to him also to appear at the time of survey. Therefore, there cannot be any objection for the petitioner to conduct a survey to the land of the unofficial respondent. The learned counsel for the petitioner also states that he has no objection if the survey is conducted for the land of the unofficial respondents. Under the circumstances, the writ petition is disposed of with a direction to the fourth respondent, Mandal Surveyor to conduct the survey as per the request of the unoﬃcial respondent with regard to the land situated in Survey Nos.192/2A and 192/2B in an extent of Ac.2.05 cents. In case the petitioner has any objection with reference to the conducting of survey, he is at liberty to ﬁle his objections before the authority conducting the survey, who shall consider the same in accordance with law. With the above directions, the writ petition is disposed of. N.V.RAMANA, J Dt.15.09.2008 va/msv