THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.20161 of 1997 ORDER: Petitioners numbering three seek to issue a Writ of Mandamus declaring the action of the respondents in taking steps for re-survey of their land admeasuring Ac.8-00 in Sy.No.937 situated at Chinna Chowk Village, Cuddapah Mandal and District, as illegal and arbitrary and consequently to direct the respondents not to prevent them from enjoying the said land. It is the case of the petitioners that originally the said land belonged to one Kurapati Subbanna, having inherited from his ancestors. He sold the said land vide registered sale deed, dated 09-08-1971, in favour of Maddika Anjaneyulu, who in turn sold an extent of Ac.3-50 cents in favour of the 1st petitioner, an extent of Ac.3-50 cents in favour of the 2nd petitioner and the remaining one acre in favour of the 3rd petitioner. Thus, all of them are in possession and enjoyment of the said 8 acres of land and they have been issued pattadar pass books and title deeds and basing on the said documents, they took loan from the Rayalaseema Grameena Bank for purchase of a Tractor for agricultural operations. It is further stated that when unofficial respondents 4 to 7 started interfering with the agricultural operations of the petitioners and their possession, they brought the same to the notice of the 1st respondent, but the 1st respondent has not taken any action and moreover directed the petitioners not to cultivate the said land. In fact, the 3rd respondent had surveyed the land about 25 years back and fixed the boundaries and assigned new Sy.No.937 for the sold Sy.No.919/13A. Therefore, there is no necessity for fresh re-survey. It is further stated that as per Section 5 of the A.P.Survey and Boundaries Act, 1923 (for short “the Act”), it is open to the State Government to direct survey of any Government land or any boundary of such land by following due process of law. As per Section 10 of the Act, the Survey Officer is having power to determine and record a disputed boundary. It is the contention of unofficial respondents 4 to 7 that a portion of the petitioners land is a Government land and therefore, at the instance of unofficial respondents 4 to 7, the official respondents are taking steps for re-survey of their land. A counter has been filed by the 3rd respondent stating that as per Section 10 of the Act, the Survey Officer is having power to determine and record a disputed boundary. Under Section 11 of the Act, the affected parties have a remedy of appeal to the appellate authority. It is further stated that Chinna Chowk village is a revenue village and originally re-survey was conducted and entries were made in the RSR register in the year 1906. The land in Sy.No.919 is a large extent approximately about 2000 acres. As per the entries in the RSR register, the lands in Sy.Nos.937 and 938 are private patta lands and the land in Sy.No.919 is a Government land. It is stated that the ownership of the petitioners in Sy.Nos.937 and 938 is not in dispute. It appears there is a boundary dispute of the petitioners’ land and the Government land. As a matter of fact, some landless poor persons made representations before the District Collector for grant of assignment in their favour in respect of land in Sy.No.919/1 and also petitions alleging that the petitioners are in possession of the Government land. As there was a dispute with regard to the private patta land and the Government land and its location, to put an end to the dispute, the District Collector, Cuddapah, issued proceedings, dated 19-01- 2005, for special survey of the lands in Sy.Nos.919/1, 937 and 938. Thereafter, the Regional Director, Survey and Land Records, Kurnool, vide his proceedings, dated 27-01-2005, directed the Assistant Director, Survey and Land Records, Kurnool, to attend survey with the help of electronic total station. The survey was conducted on 25-02-2005 in the presence of villagers and also the Regional Deputy Director, Cuddapah demarcating the lands in Sy.Nos.919/1, 937 and 938 and submitted a report to the District Collector on 28-02-2005. It is stated that re-survey was conducted in exercise of powers conferred under Section 10 of the Act by taking all necessary care and caution to put an end to the dispute in respect of private patta land and government land. As per the survey report, it is revealed that though the petitioners are pattadars of Sy.Nos.937 and 938, they are in possession of the government land in Sy.No.919/1, since all the lands are adjoining to each other thinking that the land in their possession is in Sy.Nos.937 and 938. I have perused the material available on record and the grievance of the petitioners is not to take up re-survey in respect of their land admeasuring Ac.8-00 in Sy.No.937 situated at Chinna Chowk Village, Cuddapah Mandal and District. As the survey was already conducted by the surveying authority by following the due process of law on 25-02-2005 demarcating the lands in Sy.Nos.919, 937 and 938 and submitted a report to the District Collector on 28-02-2005, respondents 1 to 3 are directed to issue notice to the petitioners by furnishing survey report and the decision taken by the authorities demarcating the boundaries of the aforesaid Government land and private patta land, so as to enable the petitioners to avail their remedy in accordance with law. With the above direction, the writ petition is accordingly dismissed. There shall be no order as to costs. ___________ 22-07-2010 Prv