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 : 6106 of 2008 Between: A.Krishna Reddy S/o.Buchi Reddy R/o.Jukal Village, Shamshabad Mandal Ranga Reddy District ..... PETITIONER AND 1 The Tahsildar, Shamshabad Mandal Ranga Reddy District 2 The Assistant Director, Survey & Land Records Ranga Reddy District, at Collectorate ,Lakadikapool Hyderabad .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in refusing the survey the individual holding of the petitioner in respect of his land situated in Jukal village, Shamshabad Mandal, Ranga Reddy District by issuing Memo No.A/798/2006 dated 5.2007 as illegal, contrary to rule 14 of the AP Rights in Land & Pattadar Pass Books Rules, 1989 section 89-B of the AP (TA) Land Revenue Act, 1317 Fasli the circular Ref.No.ROR(A)/225/89 dated 1.6.1989 issued by the Commissioner of Survey Settlements & Land Records and the direction of the Hon`ble High Court of AP passed in WP.No.83309 of 2006 and consequently direct the respondents to survey sub divide and demarcate the land belonging to the petitioner and pass Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6106 of 2008 ORAL ORDER: This writ petition is filed questioning the memo No.A/798/2006 daetd: Nil-5-2007 of the first respondent, refusing to survey the individual holdings of the petitioner in respect of land situate in Jukal village, Shamshabad mandal, Renga Reddy district as illegal, contrary to Rule 14 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 and the circular ref No.ROR(A)/225/89 dated 1.6.1989. According to the petitioner, he is the absolute owner, pattadar and possessor of agricultural land admeasuring Ac.2.03 in Survey No.160/A, Ac.2.12 in survey NO. 161/A, Ac.1.03 in Survey No. 163, Ac.1.19 in survey No. 164/A, Ac.0.30 in Survey No. 165/A, Ac.0.07 in survey no. 166, Ac.0.25 in survey No. 168/A, Ac.1.16 in survey No. 169, Ac.3.04 in survey No. 212/A, Ac.2.20 in Survey No. 213/A, Ac.3.31 in survey No. 214/A, Ac.2.11 in Survey No.215/A, Ac.2.34 in Survey No. 216/A and Ac.2.39 in survey No.222/A, Jukal village, Shamshabad mandal, Ranga Reddy district , having acquired the same through succession. On demise of his father, his name was entered in Record of Rights by the then Tahsildar vide proceedings No.B1/2986/1982 and Pattadar Pass Book was also issued to him. The petitioner made a representation dated 16.12.2005 to the first respondent requesting to conduct survey and demarcate land for sub division. Since, no further action was taken in the matter, he filed W.P. No. 8330 of 2006 and the same was disposed of by order dated 25.4.2006 directing the respondents therein to pass appropriate orders on the representation of the petitioner within a period of three months from the date of receipt of copy of the said order. Thereafter, the first respondent in the month of May, 2007 issued memo No.A/798/2006 informing that no survey can be conducted as the area requested for survey is only part of the total survey and no field measurements are available. Hence, the present writ petition. Learned counsel for petitioner submitted that the impugned proceedings refusing to survey and demarcation of the subject land for sub division is contrary to the Rules made under A.P. Rights in Land and Pattadar Pass Books Rules, 1989 and the circular ref No.ROR(A)/225/89 dated 1.6.1989 issued by the Commissioner of Survey, Settlement and Land Records dated 1.6.1989. He further submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in W.P No. 13350 of 2005 dated 10.3.2006. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. A perusal of the impugned memo would clearly indicate non application of mind, inasmuch as the same was issued, ignoring the circular dated 1.6.1989 issued by the Commissioner of Survey, Settlements & Land Records. By the said circular, it is clarified that even where the land was not initially surveyed and found to be in possession of number of persons and their possession was entered in the record of rights, survey can be taken up by allotting sub division numbers. Thus, the authorities concerned are bound to consider the request of the persons who are in possession and enjoyment of the land and their names are entered in the Record of Rights, for survey and subdivision of the land. Therefore, the impugned orders refusing to conduct the survey on the ground that survey is requested for part of the total survey number and the filed measurements are not available, cannot be accepted and the impugned proceedings are liable to be set aside. Similar issue was considered by this Court in W.P. No. 13350 of 2005 and the said writ petition was disposed of by order 10.3.2006 remanding the matter with a direction to take necessary action in accordance with circular dated 1.6.1989. For the foregoing reasons, the impugned proceedings are set aside and the matter is remanded to the first respondent-Tahsildar with a direction to conduct the survey and complete the demarcation and sub division of the subject land in accordance with law, expeditiously, preferably within a period of two months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 24.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6106 of 2008 DATE: 24.03.2008 To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}