THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15484 of 2007 Dated:16th August, 2010 Between: 1. Mohd. Kareem & Anr. ….Petitioners and 1. The Tahsildar, Uppal Mandal, Uppal, R.R. District & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15484 of 2007 ORDER: This Writ Petition has been filed by Mohd.Kareem and Syed Rahamathulla seeking Mandamus declaring the proceedings No.B/3441/2007, dated 05.05.2007, as illegal and arbitrary. 2. The petitioners are owners and possessors of Ac.1.4 guntas of land comprising Survey No.125/A situated at Kothapet Village, Uppal Mandal, L.B.Nagar Municipality, Ranga Reddy District, having purchased the same from Karimunnesa Begum and others under a registered sale deed, dated 26.04.2005. They got their names mutated in the revenue records vide proceedings B/8048/2005, dated 06.07.2005. Their vendor made an application on 28.10.2004 to the respondents for demarcating the land purchased by them. The respondents deputed the Mandal Surveyor, Uppal, who conducted survey in the presence of vendors, petitioners and other local people and prepared a panchanama on 26.11.2004 by demarcating the land and submitted report. The petitioners made an application to the 1st respondent on 16.04.2007 to demarcate their land i.e. Ac.1.4 guntas situated in Survey No.125/A of Kothapeta Village, Uppal Mandal, by remitting requisite fee of Rs.750/- in e-Seva, A.P. Online No.GHAT-2 20070416288, dated 16.04.2007. The respondents deputed the Mandal Surveyor to demarcate the petitioners’ land. But, the Mandal Surveyor did not conduct the survey and instead reported that he is unable to demarcate the Survey No.125/A situated at Kothapet Village, Uppal Mandal, L.B.Nagar Municipality, R.R. District, due to part survey. Accordingly, the Tahsildar, Uppal Mandal issued proceedings No.B/3441/2007, dated 05.05.2007, which reads as hereunder: “Through the reference 1st cited, the applicant Sri Mohd.Kareem S/o.late Mohd. Khasim Shareef has requested this office to demarcate the Sy.No.125/A of Kothapet Village through A.P.Online No.GHAT-2 20070416288, dated 16.04.2007. In this regard, the Mandal Surveyor of this office has been directed to demarcate the above Sy.No. and submit a detailed report. The Mandal Surveyor has submitted his report through the reference 2nd cited, stated that, he is unable to demarcate the above Sy.No.125/A of Kothapet Village, due to part survey. Hence, it is informed that the request of the applicant may not be considered.” Hence, this Writ Petition by the petitioners with the prayer stated supra. 3. Rule Nisi came to be issued on 20.07.2007. 4. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 5. Learned counsel appearing for the petitioners submits that the Mandal Surveyor conducted survey on the application of the vendor of the petitioners and prepared a panchanama dated 26.11.2004 and in which case, the stand taken by the Mandal Surveyor on the application submitted by the petitioners that the survey of the land is not possible due to part survey cannot be sustained. Learned counsel refers the Photostat copy of the panchanama dated 26.11.2004, which finds place at page.11 of the material papers. 6. I have gone through the Photostat copy of the panchanama dated 26.11.2004. It is stated in the panchanama that the Mandal Surveyor conducted the survey of S.No.125/A on the request made by the vendors of the petitioners. When a similar request is made by the petitioners after their purchase, the version of the Mandal Surveyor that the land cannot be demarcated due to part survey cannot be sustained. 7. Accordingly, the Writ Petition is disposed of directing the petitioners to make a fresh application for survey of their land and thereupon, the first respondent shall give necessary directions to the Mandal Surveyor to demarcate the land of the petitioners provided the petitioners deposit requisite fee. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:16th August, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.15484 of 2007 Dated:16th August, 2010