IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20489 of 2007 Between: Donagiri Sivalingam, s/o Bala Mallaiah, r/o Kundanpally Village, Keesara Mandal, Ranga Reddy District. ..... PETITIONER AND Tahsildar/Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District. .....RESPONDENT 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, declaring the proceedings No.MS/18/2007 dated 20-08-2007 issued by the respondent as arbitrary, illegal and violative of Article 14 of the Constitution of India and contrary to the provisions of A.P.Survey and Boundaries Act 1923, and consequently direct the respondent to conduct the survey of the entire land to an extent of ac.8.16 in S.No.111, situated in Kundanpally Village, keesara Mandal, Ranga Reddy District and fix the boundaries of the land to an extent of ac.2.22 guntas, owned by the petitioner and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.SUBRAHMANYAM Counsel for the Respondent : GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed questioning the order dated 20.8.2007 passed in proceedings No.MS/18/2007 by the respondent – Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District rejecting the request of the petitioner to conduct survey of the entire land in an extent of Ac.8.16 guntas in S.No.111 situated at Kundanpally Village, Keesara Mandal, Ranga Reddy District and to fix the boundaries to an extent of Ac.2.22 guntas, owned by the petitioner on the ground that the petitioner is not the owner of the entire land in the said survey number. On 28.9.2007 this Court admitted the writ petition and issued notice to the respondent. No counter affidavit is filed by the respondent so far. However, today, when the matter is taken up, it is submitted by the learned counsel for the petitioner and admitted to by the learned Assistant Government Pleader for Revenue that there is a Circular Rc.No.N1/1408/07 dated 13.7.2007, issued by the Commissioner of Survey, Settlements and Land Records, wherein the Commissioner, having examined the issue whether requests for sub-divisions for private patta lands can be carried out or not, observed as follows: “There was a practice in Telengana region to carryout SD work in patta lands and thereafter issue of supplementary sethwar. There exists a Circular No.F2/4304/63, dated 03.07.1963 issued by this office providing for sub-divisions of land belonging to a private person on his application under Section 457(11) of the erstwhile Hyderabad Land Revenue Act, as also phodi of private (patta) land, if the purchaser’s name is mutated in revenue accounts. This provision is also available at para (1) of chapter-VIII of Hyderabad Survey and Settlement Manual and under Rule (168) of AP (TA) LR Act 1317 F and U/R 15(C) read with Rule (6) of AP (TA) Land Revenue Rules, 1951.” Observing so, he ordered that the sub-division (Phodi) can be carried out and laid down the procedure to be followed by the officials for entertaining applications for sub-division of private patta lands in the said Circular. In view of the above circular, the impugned order is liable to be set aside and it is accordingly set aside. The respondent is directed to reconsider the request of the petitioner for sub-division of the land in question in the light of the above Circular dated 13.7.2007, and pass appropriate orders thereon within a period of two months from the date of receipt of a copy of this order. With the above direction the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.24.3.2008 Note: Issue CC by tomorrow (B/O) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. Tahsildar/Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District. 2. 2CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad., 3 2CD copies