IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7255 of 2009 Between: 1 K. Satyanarayana S/o. late K. Narayana R/o. Vattangulapalli Village, Rajendra Nagar Mandal, R.R. District. 2 K. Ramesh S/o. late K. Narayana R/o. Vattangulapalli Village, Rajendra Nagar Mandal, R.R. District. 3 K. Ravi S/o. late K. Narayana R/o. Vattangulapalli Village, Rajendra Nagar Mandal, R.R. District. ..... PETITIONERS AND The Tahsildar Rajendra Nagar Mandal Ranga Reddy District. .....RESPONDENT 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 writ, or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 3rd respondent in not conducting the survey of the dry Agriculture land bearing survey No.76/AA admeasuring 1,37 guntas situated at Vattinagulapally Village, Rajendra Nagar (M), Ranga Reddy Dist., by issuing Memo vide Lr.No.Ms/574/2008 dt.15-5-2008, as arbitrary, illegal, and contrary to the provisions of the Act and violation of the Article 14 of the Constitution of India and by directing respondent to conduct the survey of the land bearing survey No.76/AA admeasuring 1.37 guntas. Counsel for the Petitioner:MR.G.PRASANTHA RAO Counsel for the Respondent : GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 7255 of 2009 Order: The petitioners claim to be owners of the lands in Survey No.76/AA of Vattinagulapally Village, Rajendra Nagar (M), Ranga Reddy District. On expiry of their father, Kosani Narayana, the Tahsildar, Rajenderanagar Mandal, the respondent herein, granted Succession Certificate vide proceedings dated 9.3.2007 to the petitioners. The petitioners submitted an application to the respondent on 25.3.2008 with a prayer to cause survey and fixation of boundaries of the land. The respondent issued memo dated 15.5.2008 stating that survey or demarcation of a part survey number cannot be undertaken. The petitioner challenged the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The land held by the petitioner is in Survey No. 76/AA. This obviously resulted in sub-division of Survey No.76. Rule 14(4) of the A.P. Rights in Land & Pattadar Passbooks Rules, 1989, provides for sub-division of survey numbers and fixation of boundaries thereof. On a sub-division being assigned, the bit of land becomes an independent entity. Hence, there should not be any difficulty in causing survey of the land under the provisions of the A.P. Survey and Boundaries Act. The view taken by the respondent in the impugned order cannot be sustained in law. Hence, the writ petition is allowed by setting aside the impugned proceedings dated 15.5.2008 of the respondent and directing the respondent to cause survey of the lands of the petitioners in Survey No. 76/AA, duly issuing notice to the owners of the neighbouring lands within a period of two months from the date of receipt of a copy of this order. No costs. _____________________ L.NARASIMHA REDDY,J Dt:7.04.2009 pnb