IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 14709 of 2008 Between: Manchala Ramaiah, S/o. Pullaiah, R/o. Chengicherla Village, Ghatkesar Mandal, Ranga Reddy District, Rep. by their GPA Sri V. Satyanarayana Reddy, S/o. Late V. Durga Reddy, Aged 77 Years, Occ:Business, R/o. H.No. 8-2-686-DVB/6, Road No.12, Banjara ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. byits Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Tahsildar, Ghatkesar Mandal, Ranga Reddy District. 3 The Assistant Director, Survey and Land Records, Narayanaguda, Hyderabad. .....RESPONDENT(S) 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/s more particularly one in the nature of Writ of Mandamus declaring the Memo dated 20-5-2008 bearing No. MS/391/08, issued by the 2nd respondent to conduct survey and demarcate the land of the Petitioner in Sy.No. 15 & 16 of Chengicharla Village, Boduppal Mandal, Ranga Reddy District in Sy issue a Writ or orders more particularly one in the nature of Writ of Mandamus declaring the memo dated 20-5-08 bearing No. MS/391/08, issued by the 2nd respondent as being illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent to conduct survey and demarcate the land of the Petitioner in Sy.No. 15 & 16 of Chengicharla Village, Boduppal Mandal, R.R. District and be pleased to pass Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondents : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14709 of 2008 ORDER: The petitioner, who claims to be owner of land admeasuring Ac.1.07 guntas in survey No.15 and Ac.2.11 guntas in survey No.16. Be it noted, in fact as alleged he was originally owner of Ac.5.15 guntas comprised in these two survey numbers but he sold away part of the land. Be that as it is, he submitted an application on 09.04.2008 to second respondent to survey and demarcate the land. The request was turned down by impugned memo, dated 20.05.2008 due to applied for partly survey, partly tippons (sub division recreation) are not available and therefore, survey cannot be taken up. This Court heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue (TA). The circular instructions issued by Commissioner of Survey, Settlements and Land Records, Government of Andhra Pradesh, has been brought to the notice of this Court, and the same reads as under. Column 24 of the R.O.R. in Form-I provides for number of sub- divisions to be created in such cases. Sub-rule 4 of Rule 14 of Draft Record of Rights Rules, 1989, provides as below:- (4) The new sub-division, as shown in the confirmed Record of Rights shall be measured and mapped in the concerned records as per the procedure laid down and the fee shall be recoverable from the concerned ryots as arrears of land revenue. The extent noted in respect of each part of survey number or each sub-division on the Record of Rights Register, shall be subject to correction, wherever necessary after the completion of measurement of the new sub- divisions. For the new sub-divisions to be created, the recording authority may adopt alphabets and after the survey department completes sub- division work, they will replace the alphabets by numbers. In view of the above, survey requested by petitioner cannot be rejected on the ground of absence of survey records and tippons. In such cases, respondents 2 and 3 have to issue notices to all neighbouring land owners under Section 9 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, and take up survey. Petitioner is also given liberty to produce all the records before respondents 2 and 3. The impugned order is therefore set aside and the matter is remitted to second respondent to take up survey keeping in view the instructions issued by Commissioner of Survey, Settlements and Land Records. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 25.11.2008 pln