IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9661 of 2009 Between: 1 Dasari Nageswara Rao, S/o. Seshaiah, R/o.4/16, Nawabpet, Nellore, S.P.S.R. Nellore Dsitrict. 2 Dasari Prabhu Kishore, S/o. D. Nageswara Rao, R/o.4/16, Nawabpet, Nellore, S.P.S.R. Nellore Dsitrict. ..... PETITIONERS AND 1 The Tahasildar, Podalakur Mandal, S.P.S.R. Nellore District. 2 The Mandal Surveyor, Podalakur Mandal, S.P.S.R. Nellore 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 inaction of the respondents in causing survey of Acs.10.53 cents of dry land comprised in Sy.No.345/A of Thoderu Village, Podalakur Mandal, Nellore District and fixing the boundaries therefor, and causing sub divisions after splitting the joint patta despite the petitioenrs making applications dated 09-08-2004 and 11-12-2006 by paying the requisite fee as illegal, arbitrary, unjust and violative of Section 9 of A.P. Survey and Boundaries Act, 19we and Section 3 of A.P. Splitting p of Joint Pattas Act 1965 read with BSO No. 34A and consequently direct the respondents to cause survey of the petitioners land and fix boundaries thereof after splitting the joint patta and effecting sub-divisions and pass Counsel for the Petitioners: MR.P.SRIDHAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioners said to have purchased Ac.11.73 cents of land, which is part of Sy.No.345/A of Thoderu Village, Podalakur Mandal. About Ac.1.03 cents of land was said to have been acquired by the Government for the public purpose. The petitioners approached the first respondent with a request to cause survey and fix the boundaries of the land purchased by them. It is stated that the first respondent informed the petitioners that the total extent of land in Sy.No.345/A is Ac.29.26 cents and unless sub-division is affected, survey cannot be conducted. Accordingly, the petitioners state that they submitted an application for conducting sub-division of Sy.No.345/A. Their grievance is that no steps have been taken on the application submitted by them. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. It may be true that the petitioners have purchased part of the land in S.No.345/A. The first respondent is conferred with the power to sub-divide the survey numbers, depending upon the right, enjoyment and ownership of the land. The application made by the petitioners in this regard needs to be attended to, immediately. The reason is that unless the survey number is sub-divided it would become difficult for the petitioners to get the boundaries of the land purchased by them, fixed. Therefore, the first respondent is directed to take immediate steps on the application made by the petitioners for affecting sub- division of Sy.No.345/A to the extent purchased by them, duly verifying the sale deeds and the extents mentioned thereunder. Depending on the out come of the same, it shall be open for the petitioners to approach the respondents for survey of the land. Accordingly, the Writ Petition is disposed of. ______________________ (L. Narasimha Reddy, J.) 1st May, 2009 Note: C.C. in one week. (B/o) Js.