IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23651 of 2006 Between: Sri Gudipaty Achuta Rao S/o. Mallikarjuna Rao Gunadala, Vijayawada-4 Krishna District. ..... PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Revenue Divisional Officer, Guntur, Collectorate Compound, Guntur. 3 The Mandal Revenue Officer-Cum-Inam Deputy Tahsildar, Tadepalli, Guntur District. .....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 2nd and 3rd Respondents in not demarcating the one-third share of the land in favour of the petitioners (inamdars) as directed/determined by orders in Rc No. 2912/90 dt. 24-10-1991 and orders in Rc No. 2202/2003F dt. 21-2-2004 passed by the 2nd Respondent Revenue Divisional Officer, Guntur as illegal and contrary to law and consequently direct the respondents to demarcate the one third-share of the land and handover the possession to the petitioners, and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.VENKATESWARLU POSANI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 23651 of 2006 Oral order: By order dated 21.02.2004, respondent No.2, namely the Revenue Divisional Officer, Guntur, directed respondent No.3, namely the Mandal Revenue Officer, Tadepalli, to take steps to implement the orders dated 24.10.1991 of the then Revenue Divisional Officer, by demarcating 1/3rd share of land and issue ryotwari patta to the Inamdar. The petitioner contending that respondent No.3 has not implemented the said orders, has filed this writ petition seeking direction to respondent No.3 to implement the said orders and demarcate 1/3rd share of land and handover possession thereof and issue ryotwari pattas in respect of the said land as directed by respondent No.2 in the said orders. The petitioner states that pursuant to A.P. (A.A) Inams (Abolition and Conversion into Ryotwari) Act, 1956 and the Rules 1957 framed thereunder, came into force, himself and his brothers being the Inamdars became entitled for grant of Ryotwari Patta for 1/3rd share of the land admeasuring Ac.20.68 cents in Old Survey No.15-A (Present Survey Nos.88, 89, 90 and 98), situated at Kunchenapalli village, Tadepalli Mandal, Guntur District. While so, when respondent No.3, namely the Mandal Revenue Officer-cum-Inam Deputy Tahsilsdar, without issuing notices and without conducting any enquiry and without determining and demarcating their shares, had granted Ryotwari Patta in Form-VIII, his brothers filed appeal before respondent No.2, namely the Revenue Divisional Officer, who in turn by orders dated 24.10.1991, cancelled the orders passed by respondent No.3 and remanded the matter to respondent No.3 for re-determination and demarcation of lands. Thereafter the petitioner along with his brothers submitted several representations requesting respondent No.3 to implement the orders of respondent No.2 and to determine and demarcate their 1/3rd share and to issue ryotwari patta in their favour, but since no action thereon had been taken, they submitted an application dated 14.11.2003 requesting respondent No.2 to implement his earlier orders dated 24.10.1991, and respondent No.2, after calling for survey report and after giving opportunity to the tenants, has passed orders dated 21.02.2004 determining their 1/3rd share of land and further directed to demarcate the land as per sketch submitted along with report and to issue consequential ryotwari pattas. The case of the petitioner is that in spite of the said orders, respondent No.3 has not demarcated and handed over possession of their share from the alleged tenants. Hence, they filed the present writ petition. A counter affidavit is filed on behalf of respondent No.3. Reiterating the counter averments, learned Assistant Government Pleader for Revenue submitted that as per the orders of the Revenue Divisional Officer, Guntur, the land was surveyed and demarcated and arrived for an extent of Ac.5.33 cents towards 1/3rd share of Inamdars i.e., the petitioner and his brothers, and accordingly ryotwari pattas were issued to the inamdars, but the petitioner and his brother have not occupied their lands as there is no good terms between inamdars and tenants. He further submitted that the inamdars never attempted to cultivate their 1/3rd share of the land and the same was already given to tenants on lease by the inamdars and the petitioner and his brothers are well aware that they are absentee landlords and they are leasing the lands to the tenants since many years. The learned counsel for the petitioner disputed the conduct of survey and demarcation of the land. The learned Assistant Government Pleader to show that survey was conducted and the land was demarcated, produced sketches of field Nos.88, 89, 90 and 98, prepared by the Mandal Surveyor. However, a perusal of the same does not disclose as to the date on which the survey was conducted and the land demarcated. Even the counter filed by respondent No.3 is silent as to the date on which the survey was conducted and the land demarcated. The learned Assistant Government Pleader expressed an apprehension that if the land in question is surveyed and demarcated, it will evoke law and order problem because there are some tenants in occupation of the land. Such a contention cannot be allowed to be countenanced by the respondents. The Subordinate Officers are bound to implement the orders of their Superiors. However, having regard to the facts and circumstances, I deem it appropriate to dispose of the writ petition with the following directions: Respondent No.3, namely the Mandal Revenue Officer-cum-Inam Deputy Tahsildar, Tadepalli, Guntur District, is directed to implement the orders dated 24.10.1991 and 21.02.2004 of respondent No.2, namely the Revenue Divisional Officer, Guntur, and in their implementation, he shall get the land surveyed and 1/3rd share of the petitioner demarcated by the Mandal Surveyor, by issuing notice to the petitioner and to the tenants requiring them to be present at the spot on the day fixed for survey and demarcation, and after conducting survey and demarcating the land, respondent No.3 shall handover the physical possession of the demarcated 1/3rd share of the land to the petitioner. In getting the land surveyed and demarcated, respondent No.3, if necessary, can take the assistance of the police to avoid any untoward incident. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 29.04.2008 KSR/Nsr