THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24149 of 2010 Date:29.09.2010 Between: E. Dharmaiah ..... Petitioner AND The District Collector, Chittoor and others. .....Respondents Counsel for the Petitioner: Sri C.Siva Sankar Counsel for Respondent Nos.1 to 3: Assistant Government Pleader for Revenue Counsel for Respondent No.4: Sri O. Manohar Reddy, Standing Counsel for APSPDCL The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3 in not surveying the land and fixing the boundaries in respect of Ac.0.17 cents in survey No.135/1A of Nadvalur Village, Ramchandrapuram Mandal, Chittoor District, in pursuance of endorsement dated 05.06.2009 of respondent No.3 as illegal and arbitrary. The petitioner sought for a consequential direction to respondent Nos.1 to 3 to conduct survey and fix boundaries in respect of the said land and direct respondent No.4 to sanction power supply thereafter. The grievance of the petitioner in this writ petition is that his request for release of power supply is being turned down as there is a dispute regarding the location of Ac.0.17 cents of land claimed to be belonging to the petitioner, in which a bore-well is dug. In order to see that respondent No.4 is satisfied about the claim of the petitioner with respect to the location of the land, the petitioner approached respondent No.3 with an application for survey and demarcation of the land. Respondent No.3 has declined the petitioner’s request on the ground that O.S.No.14 of 2007 filed by the petitioner for injunction simplicitor against a third party is pending and that till disposal of the said suit, the petitioner’s request cannot be accepted. After hearing the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue representing respondent Nos. 1 to 3 and Sri O. Manohar Reddy, the learned standing counsel for A.P.S.P.D.C.L. representing respondent No.4, I am of the opinion that survey and demarcation of the petitioner’s land has no bearing on the pendency of the civil suit filed by the petitioner against a third party. The petitioner has sought for survey and demarcation in the context of release of electricity supply by respondent No.4. By survey and demarcation, the rights of the parties are not determined in any manner. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.3 to get the survey conducted and the boundaries demarcated on the petitioner complying with necessary legal requirements under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 within a period of four weeks from the date of receipt of a copy of this order. Subject to the result of the survey report, respondent No.4 shall consider the request of the petitioner for release of power supply. As a sequel to disposal of the writ petition, W.P.M.P.No.30911 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 29th September, 2010 Note: Issue C.C. in one week. (B/o) GHN