IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 14468 of 2009 Between: 1 Sagi Prabhavathi W/o. Subrahmanyam Raju R/o. D.No. 24-3-4, Ram Nivas, Sriramuram Bhimavaram, Visakhapatnam District. 2 Sagi Subrahmanyam Raju S/o. Ramaraju R/o. D.No. 24-3-4, Ram Nivas, Sriramuram Bhimavaram, Visakhapatnam District. ..... PETITIONERS AND 1 The District Collector Visakhapatnam District. 2 The Tahsildar Bheemunipatnam Mandal, Visakhapatnam 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 or order more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the respondents in not complying with the request of the petitioners to localize the plot and fix boundary stones of land of the petitioners in an of 769 sq. yards (equivalent to 645.96 sy. Meters of vacant house site constituting Plot No. D in S.No. 347/2 of Thimmapuram Village H/o. Kupuluppada Gram Panchayat of Bheemunipatnam Sub Division and Mandal, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the respondents to localize and fix boundary stones for the said house site land Counsel for the Petitioner :MR.N.RAVI PRASAD Counsel for the Respondents : GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.14468 OF 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the inaction on the part of the respondents in complying with the request of the petitioners in localizing the plot and fixing boundary stones of land of the petitioners in an extent of 769 sq. yards (equivalent to 645.96 sq. meters) of vacant house site, constituting plot No. D in Sy.No.347/2 of Thimmapuram village, h/o. Kupuluppada Gram Panchayat of Bheemunipatnam Sub-Division and Mandal, Visakhapatnam district as arbitrary and illegal and consequently direct the respondents to localize and fix boundary stones for the said house site land. It appears that the petitioners have purchased an extent of 769 sq. yards of land (equivalent to 645.96 sq. meters) of vacant house site comprising plot No. D in Sy.No.347/2 of Thimmapuram village, h/o. Kupuluppada Gram Panchayat of Bheemunipatnam Sub-Division and Mandal, Visakhapatnam district, under a registered sale deed dated 31.10.1996 bearing document No.3049/96 and ever since they have been in possession and enjoyment of the said land. While that being so, due to interference of the neighbours, on account of non localization of plot belonging to the petitioners, the petitioners had to file suits to prevent the same. Petitioners have made representations to the second respondent on number of occasions to conduct survey and to localize their plots by fixing boundary stones. All the efforts made by the petitioners went in vain. Therefore, this writ petition. The learned Government Pleader on instructions from the Tahsildhar, Bheemunipatnam which stated that the total extent of the land covered in survey No.347/2 of Kapuluppada village is Ac. 1.66 cents which stands classified as Government dry land, in the Revenue Records. Out of this total extent of Ac. 1.66 cents, the petitioners sought to localize an extent of 769 sq. yards. No lay out was formed on the land in survey No.347/2 of Kapuluppada village. In the absence of any such layout it may not be possible to localize an extent of 769 sq. yards out of the total extent of Ac.1.66 cents (roughly 8034.4 sq. yards), with reference to the boundaries mentioned in the document. It is unfortunate that such stand is taken by the Tahsildhar. The document furnished by the petitioner clearly indicates the boundaries within which the land of the petitioners is located. Under those circumstances, I am of the opinion that the stand taken by the respondents is atrocious, and the action of the respondents in refusing to conduct survey is arbitrary and illegal. Therefore, the writ petition is allowed and the respondents are directed to localize the plot and fix boundary stones against the land of the petitioners in an extent of 769 sq. yards (equivalent to 645.96 sq. meters) of vacant house site situated at plot No.D in survey No.347/2 of Thimmapuram village, h/o. Kupuluppada Gram Panchayat of Bheemunipatnam Sub-Division and Mandal, Visakhapatnam district, as per the boundaries mentioned in the sale deed dated 31.10.1996 within a period of eight weeks from the date of receipt of a copy of this order, after putting the petitioners on notice. Accordingly the writ petition is allowed. There shall be no order as to costs. _______________ C.V. RAMULU, J 3rd August, 2009 MD/KSH