IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5108 of 2009 Between: K. Rajendra Kumar S?o. Sri Narasimham R/o. D.No. 4-130, Opp. Middle Street Ramalayam Street Simhachalam Post, Visakhapatnam ..... PETITIONER AND 1 The District Collector Collectorate Buildings , Visakhaptnam. 2 The Revenue Divisional Officer Visakhapatnam. 3 The Tahsildar, Visakhapatnam Rural, Chinagadili Mandal, Visakhapatnam District. 4 The Special Deputy Tahsildar Inams, Collectorate Buildings, Visakhapatnam District. 5 The Commissioenr, Survey and Settlements A.P. Narayanaguda, Hyderabad. 6 The Assistant Director Survey and Land Records, Collectorate Buildings, Visakhapatnam. .....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 writ more particularly one in the nature writ of Mandamus declaring the impugned action of the respondents in proceedings with survey of the Land in T.D.No. 1180, Vijayaramapuram, Hamlet of Adavivaram, Visakhapatnam with out considering the representations dt. 16-1-2009 and 18-2-2009 of the petitioner as high illegal, arbitrary and against principles of natural justice consequentially direct the respondents to give an opportunity to the petitioner before Survey and issuing pattas to third parties in respect of land in T.D.No. 1180, Vijayaramapuram , Hamlet of Adavivaram, Visakhapatnam. Counsel for the Petitioner: MR.T.M.K.CHAITANYA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5108 of 2009 ORDER: The petitioner claims rights over the land in T.D.No.1180 of Vijayarampuram Agraharam, Hamlet of Adavivaram Village, Chinagadili Mandal, Visakhapatnam. His grievance is that the respondents are taking steps to survey the land, without taking into account, the representations made on 16.01.2009 and 18.02.2009. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The circumstances under which the respondents are proposing to survey the land referred to above are not immediately before this Court. Any survey under the A.P. Survey & Boundaries Act, 1973 (for short ‘the Act’) would take place only after issuing notice to the owners of neighbouring lands. If the petitioner is claiming rights in the very land that is sought to be surveyed, he has to work out his remedies before the proper forum and on the other hand, if the survey is on any land in the immediate neighbourhood of the petitioner and he suffers any detriment, he has to work out appropriate remedy either by way of an appeal to a superior authority or by filing an application under Section 14 of the Act. It goes without saying that any survey would take place only after issuing notice to the immediate neighbours. Hence, the writ petition is disposed of directing that in case any land in his immediate neighbourhood is surveyed, it shall be open to the petitioner to make representation or raise objections, and if his grievance subsists even after survey is conducted, it is open to him to work out the remedies under the Act. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB