IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6370 of 2008 Between: K. Goverdhan Raju, S/o. Late Chandraiah, R/o. H.No. 18-13-17/10/27, Bandlaguda, Chandrayangutta, Hyderabad District. ..... PETITIONER AND 1 The Deputy Director of Survey and Land Records, Nampally, Hyderabad District. 2 The Tahsildar/M.R.O., Bandlaguda Mandal, 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 issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondents herein in surveying the original land of the Petitioner herein an extent of Ac. 14-04 guntas out of total extent of Ac. 20-38 guntas in Survey No.103/15 situated at Bandlaguda Village and Mandal, Hyderabad District in order to Sub Division the balance land of the Petitioner an extent of Ac. 3-36 guntas from the said Survey number is illegal, capricious and void and consequential to direct the respondents herein to demarcate and Sub-division the balance land of the Petitioner an extent of Ac. 3-36 guntas in Survey No. 103/15 situated at Bandlaguda Village and Mandal, Hyderabad District Counsel for the Petitioner: MR.GADE VENKATESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER It is the case of the petitioner that his mother was the pattedar and possessor of agriculture dry land in an extent of Ac.14.04 guntas out of total extent of agriculture dry land of Ac.20.38 guntas in S.Nos.103/15 situate at Bandlaguda Village and Mandal, Hyderabad. After her death, the petitioner and his other family members sold an extent of Ac.5.00 out of Ac.14.04 guntas under a registered sale deed. Another extent of Ac.5.08 guntas was also sold through registered deed dated 27.6.2002. After the aforesaid sales, the petitioner and his other family members were having balance land to an extent of Ac.3.36 guntas in S.No.103/15. While so, his younger brother made an application to the 1st respondent requesting him to survey and demarcate the land along with a sworn affidavit by paying necessary fee. Again on 28.11.2007, the petitioner made another application to the 1st respondent requesting him to survey and demarcate the land in S.No.103/15 along with prescribed affidavit by paying the necessary fee of Rs.250/- through challan receipt No.561 dated 28.11.2007. Since there was no response from the 1st respondent, the present writ petition is filed seeking a direction to the respondents herein to demarcate and sub-divide the balance land of the petitioner to an extent of Ac.3.36 guntas in S.No.103/15 of Bandlaguda Village. Learned Government Pleader for Revenue, appearing for the respondents submits that as per Section 26(2) of the A.P.Survery and Boundaries Act, 1923, the petitioner has to make a request to the Mandal Surveryor for survey or for demarcation of the lands. Since the petitioner has not made any application to the Mandal Surveryor, he is directed to make an application to the Mandal Surveyor with necessary documents and requisite fees. On such application being made, the Mandal Surveyor is directed to conduct survey and demarcate the land as per the prescribed procedure. With the above observation, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.26.3.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Director of Survey and Land Records, Nampally, Hyderabad District. 2 The Tahsildar/M.R.O., Bandlaguda Mandal, Hyderabad. 3. 2CCs to Government Pleader for Revenue, High court of A.P. 4. 2CD copies