THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P. No.13340 of 2003 Date of Order: 10-03-2011 Between: 1. Gunjara Balamallaiah and 3 ohters ..Petitioners and 1. The District Collector, RR District and 2 others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.13340 of 2003 Oral order: In this application filed under Article 226 of the Constitution, the petitioners seek a Mandamus to direct the respondents to update the land revenue records by demarcating Sy.No.79/B and fix survey marks to Ac.0.27 gts. in accordance with the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and pass appropriate orders. The petitioners claim that they are the original pattadars and possessors of land in Sy.No.79 of Hydernagar village, Balanagar Mandal, Rangareddy District admeasuring Ac.2.37 gts.; out of the same they sold an extent of Ac.2.10 gts. to one B.Ramachandra Rao under a registered sale deed dated 14-12-1966; after the said sale, patta was split and Sy.No.79 was sub-divided into 79/A and 79/B; the remaining land of Ac.0.27 gts. was assigned Sy.No.79/B and since then they are in possession. While so, the petitioners approached the Mandal Revenue Officer—3rd respondent for mutation of revenue record. Since the 3rd respondent has not taken any action, the petitioners made a request to the 3rd respondent on 04-05-2003 to demarcate and fix the boundaries of the remaining extent of Ac.0.27 gts. of land in Sy.No.79/B. The 3rd respondent through Memo dated 09-05-2003 rejected he request of the petitioners informing that tippons are not available for Sy.No.79/B, therefore, their request cannot be considered. Then the petitioners made a representation to the Assistant Director, Survey and Land Records, Rangareddy District, Hyderabad—2nd respondent, who by Memo L.Dis.No.A3/1796/03, dated 13-06-2003 informed the petitioners that measurements for part of the survey number were not maintained in their office hence, demarcation work cannot be done. Therefore, the present writ came to be filed for the relief as stated above. While the matter stood thus M/s. Saradhi Engineering Corporation filed W.P.M.P.No.495 of 2004 to implead them as respondent No.4 in the writ petition stating that they purchased Ac.0.27 gts. of land in Sy.No.79/B of Hydernagar Village, Balanagar Mandal, Rangareddy District under an unregistered sale deed dated 10-10- 1980 from Gunjara Balaiah, Gunjara Kistamma and Gunjara Durgaiah who are no other than the ancestors of the writ petitioners and since then they are in possession of the land and applied for regularization of unregistered sale deed transaction vide Form-10 dated 04-10-1996 to the Mandal Revenue Officer, Balanagar Mandal under Section 5A of A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the same is still pending. Therefore, no land is left to the petitioners to be demarcated and they also sought for vacation of the interim order passed by this Court dated 22-08-2003 wherein the respondents 2 and 3 e directed to consider the application made by the petitioners on 19-06-2003 and demarcate the land in Sy.No.79/B and fix the boundary marks and also effect the mutation. Official respondents 1 to 3 filed a counter stating that there is no provision under law for surveying and demarcating of sub-divisions pertaining to patta lands of the petitioners; therefore, the request of the petitioners to demarcate an extent of Ac.0.27 gts. of Hydernagar village could not considered; and demarcation of land in sub-division of a particular survey number cannot be done, since the tippon pertaining to the entire survey number will only be available with the Assistant Director, Survey and Land Records and not for apart of a survey number. Further, the sub-division records will be prepared and supplementary Sethwar will be issued in respect of part of survey numbers only for Government lands, in certain contingencies such as assignment of lands in favour of eligible persons etc. in case of patta lands no sub-division records will be constituted or maintained. The learned counsel for the petitioners is unable to substantiate that revenue officials are under obligation to demarcate the patta lands by sub-dividing the same except recording the revenue entries acting upon the sale deeds produced by the parties on acquisition of the properties under the sale deeds. Section 5 of Andhra Pradesh Survey and Boundaries Act, 1923 deals with survey of Government land only. Sections 4 and 5 of A.P. Rights in Land and Pattadar Pass Books Act, 1971, on which much reliance is placed by the learned counsel for the petitioners also do not indicate about demarcation of part of survey number retained by the land holder after sale of part of the property. What all Sections 4 and 5 envisage is intimation of acquisition by the person who acquired the property and amendment and updating of record of rights incorporating the acquisition. In the absence of any statutory obligation on the respondents to demarcate and fix the boundaries of the property retained by the Pattadar, no Mandamus can be issued except directing the authorities to update the records under Section 5 of A.P. Rights in Land and Pattdar Pass Books Act, 1971. Since the implead party filed an application for validation of unregistered sale deed under Section 5A, the Tahsildar, Balanagar shall consider the same by issuing notice to the petitioners as well as the persons likely to be affected and pass appropriate orders updating the records. The writ petition is accordingly disposed of. No costs. _________________ A.GOPAL REDDY, J. 10-03-2011 Murthy