IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1077 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/07/2007 in WP NO : 14998 OF 2007 on the file of the High Court.) Between: Kosaraju Raja Kumar S/o.Seetharamaiah R/o. Epigunta Village, T. Narsapuram Mandal, W.G. District. ..... APPELLANT AND 1 The Commissioner, Survey Settlements & Land Records, Govt. of A.P., Narayanaguda, Hyderabad. 2 The District Collector, W.G. District. Eluru 3 The District Revenue Officer, W.G. District, Eluru. 4 The Asst. Director, Survey Settlements & Land Records W.G. District, Eluru. 5 The Tahsildar, T. Narsapuram Mandal, W.G.District. .....RESPONDENT(S) Counsel for the Appellant:MR.J.P.RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1077 of 2008 JUDGMENT: (Per Sri Justice B Prakash Rao) Heard learned counsel on either side and at their request the appeal is taken up for disposal at the admission stage. The unsuccessful writ petitioner is the appellant herein. He ﬁled writ petition inter-alia seeking for mandamus directing the respondents herein to conduct survey of land provisionally assigned to him admeasuring Ac.5.00 in Survey No. 329, Epigunta village, T Narsapuram mandal, West Godavari district and to ﬁx the boundaries. The case of the appellant was to the eﬀect that he being an Ex-serviceman was assigned land and granted patta, however, in spite of the same, the boundaries were not ﬁxed, as such he is facing practical problems with neighbours and surrounding land owners. Hence, he ﬁled an application dated 6.11.2006 by paying necessary amount and in spite of the same, since no action is taken by the concerned, ﬁled the writ petition. The learned Single Judge having found that the dispute is as regards the boundary, therefore the remedy of the appellant is to approach the competent Civil Court and dismissed the writ petition. Having heard the learned counsel on either side and on perusal of the material available on record, we are of the view that the only relief which is sought for by the appellant is to direct the concerned to conduct survey and ﬁx the boundaries to the land assigned to him, for which he has also paid the required fee as contemplated under the Act. When the appellant has paid the required fee and submitted an application for conducting survey and ﬁxing the boundaries, necessarily the authorities concerned are under an obligation to conduct the survey and ﬁx the boundaries. It also does not show that there exists any dispute warranting to approach the Civil Court. In view of the same, the writ appeal and the writ petition are allowed and the respondents are directed to conduct the survey in respect of the subject land in terms of application said to have been submitted by the appellant on 6.11.2006 and ﬁx the boundaries by following due process contemplated under the law. The above exercise shall be completed expeditiously, preferably within a period of two month from the date of receipt of copy of this order. No costs. ________________ B.PRAKASH RAO,J _______________ R. KANTHA RAO,J DATE:22.9.2008 Tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1077 of 2008 Date: 22.9.2008