HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 1754 OF 2005 Thursday, the Tenth day of February, Two Thousand and Eleven Between Smt. S. Hameed Bee Petitioner AND The District Collector, Ananthapur District and others Respondents ORDER: The petitioner questions the appellate order passed by the Revenue Divisional Officer, Ananthapur D.Dis. D2/1745/2001 dated 23.7.2001. A perusal of the order goes to show that the petitioner requested for a fresh survey of the land in Sy.No. 143-2 to an extent of Ac.3.21 cents of Kakkalapally village of Ananthapur Mandal, stating that the suit O.S. No. 158 of 1984 filed by her on the file of the Junior Civil Judge, Anantapur claiming 1/5th of the share, was decreed by judgment dated 12.4.1988 and for execution of the said decree, the petitioner filed IA No. 1203 of 1988 on the file of the Principal District Munsif, Anantapur for passing a final decree and the said I.A. was allowed by order dated 28.2.1992 allotting 1/5th share to an extent of Ac.0.64 cents in Sy. No.143-2B in item No.1 of the petition schedule shown as 2-A4, in the plan of the Commissioner. The application of the petitioner was rejected on the ground that she is not entitled for the survey of the entire land inasmuch as the petitioner has, admittedly, got only Ac.0.64 cents towards her share, out of which she has sold an extent of Ac.0.35 cents in favour of the fifth respondent herein and as the land was sub-divided, as per the sale deed, she is not entitled for the fresh sub- division of the entire land. Learned counsel for the petitioner has fairly submitted that she does not want the survey with regard to the sub-division of the entire land and the petitioner was allotted an extent of Ac.0.64 cents alone in terms of the final decree proceedings and the same is shown as ‘2-A4’ in the plan of the Commissioner. The entire suit schedule property is in Sy. No. 143-2B and the land allotted in favour of the petitioner in final decree proceedings dated 28.2.1992 in I.A. No. 1203 of 1988 in O.S.No. 158 of 1984 is only to an extent of Ac.0.64 cents in Sy. No.143-2B, which was shown as 2-A4 in the plan of the Commissioner. If the Survey Number is sub-divided among the legal heirs while receiving pattedar passbook and title deeds, the survey number has to be sub-divided. The petitioner was allotted the Sy. No.143-2B, to an extent of Ac.0.64 cents, shown as 2-A4 in the plan of the Commissioner and if she has sold an extent of Ac.0.35 cents, the same has to be sub-divided among the petitioner and the vendee – the fifth respondent herein. Accordingly, basing on the sale deed particulars of the petitioner disposing of A.0.35 cents of land in favour of the fifth respondent herein vide sale deed dated 26.2.2001 in document No.8697 of 2001, on application filed by the petitioner for the grant of pattedar passbook and title deed, the pattedar passbook and title deed in respect of the land retained by the petitioner to an extent of Ac.0.29 Cents and in respect of land sold to the fifth respondent to an extent of Ac.0.35 cents, may be considered and appropriate orders be passed in accordance with law. It is made clear that there cannot be any fresh survey but separate pattedar passbooks and title deeds alone be considered in terms of the sale deed. The writ petition is accordingly disposed of. No order as to costs. ___________________ Justice V.Eswaraiah February 10, 2011 MAS