IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12049 of 2008 Between: Bhukya Devuja S/o. Ramu R/o. Palvancha Village, Palwancha mandal, Khammam District. ..... PETITIONER AND 1 The Assistant Director, Survey and Land Records, Collectorate, Khammam, Khammam District. 2 The District Collector, Khammam District. 3 The Tahsildar, Palvancha Mandal, Khammam District. .....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 a Writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 3rd respondent no not ﬁxing the boundaries and demarcating the petitioner's land in an extent of Ac.0.17 guntas in Sy.No. 730 of Palvancha Village, khammam District is illegal, arbitrary and violation of statutory provisions of law and consequently direct the 3rd respondent to conduct survey and demarcating the petitioner's land in an extent of Ac.0.17 guntas in Sy.No.730 of Palvancha Village, Khammam District at an early date and pass Counsel for Petitioner: Mr.Venkata Raghu Mannepalli Counsel for Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled to declare the action of the third respondent in not ﬁxing the boundaries and demarcating the petitioner’s land in an extent of Ac.0.17 guntas in Sy.No.730 of Palvancha Village, Khammam District as illegal and arbitrary. The petitioner claims to be in possession of agricultural land in an extent of Ac.0.17 guntas in S.No.730 of Palvancha Village, Khammam District. The Mandal Revenue Oﬃcer, Palvancha, has issued Pahuthu Bai certiﬁcate in favour of the petitioner in the year 1964-65. Since the said land is not having any boundaries, the petitioner submitted representation before the Mandal Revenue Oﬃcer to demarcate the land, but the same was not acted upon. Hence the petitioner approached this Court by ﬁling W.P.No.2856 of 2006, which was disposed on 16.02.2006 with a direction to the ﬁrst respondent to dispose of the representation of the petitioner within a period of six weeks from the date of receipt of the order. In spite of the same, as the ﬁrst respondent did not conduct survey and demarcate the land, the petitioner filed this writ petition. The petitioner contends that the Tahsildar, Palvancha Mandal, the third respondent herein, who is the competent authority to conduct survey, refused to take survey of the land since he is not a party to the earlier writ petition. When the matter came up for admission on 12.06.2008, Notice was ordered. Thereafter it underwent several adjournments ultimately, the learned Government Pleader for Revenue ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that the Deputy Inspector of Survey has undertaken demarcation work on 20.12.2006 in the land in question and on 23.12.2006 reported that most of the land in Sy.No.730 is covered by Kothagudem Thermal Power Station and some portion thereof is covered by residential houses. The petitioner is not in possession of the land, and the entire area is covered by Kothagudem Thermal Power Station and houses. Hence it is not possible to ﬁnd out the old stones and survey the land in Sy.No.730 of Palvoncha Village. The same was even informed to the petitioner vide Rc.No.A3/16/2006, dated 17.07.2008. Heard learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. In view of the fact that the ﬁrst respondent passed order dated 17.07.2008 stating that the entire area is covered by structures and Kothagudem Thermal Power Station, and since the petitioner is not in possession of the said land, it is not possible for him to ﬁnd out the old stones and survey the land in Sy.No.730, no orders can be passed in the present writ petition. Hence, the Writ Petition is dismissed. Since the petitioner stated that he has not received copy of the order passed by the ﬁrst respondent, the third respondent-Tahsildar is directed to communicate the order, dated 17.07.2008 passed by the ﬁrst respondent to the petitioner by way of Registered Post Acknowledgement Due, as expeditiously as possible. ________________ (N.V.RAMANA, J.) 15th October, 2008 Js/Ksr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Director, Survey and Land Records, Collectorate, Khammam, Khammam District. 2 The District Collector, Khammam District. 3 The Tahsildar, Palvancha Mandal, Khammam District. 4 2 CCs to G.P. for Revenue, High Court of A.P. Hyderabad. 5 2CD copies