THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.572 of 2009 ORDER: The petitioner and his family members purchased an extent of Ac.37.52 cents of land in Survey No.2372 of Nagambotlavari Kandriga, Surveypalli Revenue Village, Venkatachalam Mandal, Nellore District, under various sale deeds between the years 1993 and 1997. The total extent of the survey number is Ac.52.72 cents. When the petitioner felt threat from respondents 5 to 7, he filed O.S.No.1734 of 2006 in the Court of III Additional Junior Civil Judge, Nellore for the relief of perpetual injunction. The suit was decreed on 22.03.2007. The petitioner states that he approached respondents 1 to 4 for implementation of the decree, when the threat to possession is subsisting, despite the decree; and instead of protecting his rights under the decree, respondents 1 to 4 themselves are instigating the local residents to occupy the land with a promise to grant pattas. This writ petition is filed with a prayer to declare the action of respondents 1 to 4 in trying to dispossess the petitioners from the land in Survey No.2372 and for consequential reliefs. Learned Government Pleader for Revenue obtained instructions at the stage of admission. According to him, Survey No.2372 is a large extent and two individuals owning Ac.22.20 cents in that survey number filed declarations under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, which were taken up as L.C.C.Nos.2115 and 3646/NLR/75 and it was held that they hold land in excess of ceiling limits. It is stated that an extent of Ac.19.20 cents of land in Survey No.2372 was surrendered way back on 24.02.1985. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The petitioner and his family members acquired title for various extents of land in Survey No.2372 between the years 1993 and 1997. This is a not a case, where the entire land in the survey number is owned by the petitioner and his family members. The various extents were held by different individuals in that survey number. Two such owners filed their declarations and after the proceedings under the Act became final, they surrendered Ac.19.20 cents in Survey No.2372 in the year 1985. Since the land purchased by the petitioner on the one hand and the land surrendered by the surplus land holders on the other are in the same survey number, it becomes necessary to undertake a clear demarcation of the boundaries. The present conflict appears to be on account of the fact that the excess land was already distributed to some beneficiaries in the same survey number and due to lack of clarity about the boundaries, the petitioner is feeling threat of encroachment into his land. This Court is of the view that an exercise to demarcate the land surrendered in L.C.C.Nos.2155 and 3046/ NLR/75 and the rest of the land, would resolve the conflict and for this purpose, the petitioner has to be put on clear notice and various sale deeds under which he purchased the land need to be taken into account. For the foregoing reasons, the writ petition is disposed of directing that- (a) the Revenue Divisional Officer, Nellore, 2nd respondent herein shall cause demarcation of the land in Survey No.2372 of Nagambotlavari Kandriga with the help of the Assistant Director of Survey and Land Records and fix the boundaries between the land, which is surrendered in L.C.C.No.2155 and 3046 /NLR/75 on the one hand and the land purchased by the petitioner on the other; (b) the sale deeds and other documents that are in possession of the petitioner shall be taken into account, while fixing the boundaries.; and (c) till such exercise is undertaken, status quo obtaining as on today shall be maintained in all respects. There shall be no order as to costs. _________ 23.01.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.572 of 2009 Date: 23.01.2009 JSU