IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 28205 of 2007 Between: 1 Jamalla Ramesh S/o.Venkaiah R/o. Amabapuram Nellore Rural Mandal Nellore District 2 Jamalla Naresh S/o.Venkaiah R/o. Amabapuram Nellore Rural Mandal Nellore District 3 Jamalla Suresh S/o.Venkaiah R/o. Amabapuram Nellore Rural Mandal Nellore District ..... PETITIONERS AND 1 The Tahasildar, Nellore Rural Mandal nellore District 2 The Mandal Surveyor, O/o The Tahasildar, Nellore Rural Mandal, Nellore District .....RESPONDENTS 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 order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in causing survey of Ac.7.40 cents of dry land comprised in Sy.No.34 of Akkacheruvupadu village of Nellore Rural Mandal, Nellore District and fixing the boundaries therefor and causing sub divisions after splitting the joint patta despite the petitioner making applications dated 10.12.2004 and 10.5.2007 by paying the requisite fee as illegal, arbitrary, unjust and violative of section 9 of AP Survey and Boundaries Act 1923 and section 3 of AP Splitting up of Joint Pattas Act 1965 and consequently direct the respondents to cause survey of the petitioners land and fix boundaries therefor after splitting the joint patta and effecting sub divisions. Counsel for the Petitioners:MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed aggrieved by the action of the respondent authorities in not causing survey of Ac.7.40 cents of dry land comprised in Sy.No.34 of Akkacheruvupadu Village of Nellore Rural Mandal, Nellore District and in fixing the boundaries thereof and also not causing sub-division despite the application of the petitioners dated 9.12.2004. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioners that they in all purchased an extent of Ac.7.40 cents of land comprised in S.No.34 of Akkacheruvupadu Village of Nellore Rural Mandal having purchased the same under a registered sale deeds from one Patur Sudhakar Niranjan who purchased the same under a registered sale deed from one Attivarapu Venkata Rami Reddy and two others in the year 1996. The Mandal Revenue Officer, Nellore Rural Mandal has also regularized the sale transaction under Section 5-A of the A.P.Rights inland and Pattadar Pass Book Act, 1971 read with Rule 22 of the Rules by order dated 22.7.1996 after collecting necessary stamp fee and issued the pattadar pass book and title deeds. After the purchase of the said lands by the petitioners, their names were mutated in the revenue records. The grievance of the petitioners is that even though they made an application before the 1st respondent on 10.5.2004 requesting him to get the land of Ac.7.40 cents in Sy.No.34 surveyed and to fix the boundaries thereof in accordance with the registered sale deeds, no action has been initiated by the respondent authorities so far and hence this writ petition. In spite of granting several adjournments, the learned Government Pleader was not able to get any instructions and, therefore, it is agreed by both the learned counsel to dispose of the writ petition itself with appropriate directions to the authorities to dispose of the representation of the petitioners for conducting the survey. Accordingly, the writ petition is disposed of directing the respondents to consider the representations of the petitioners dated 10.12.2004 and 10.5.2007 and take necessary action thereon as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. N.V.RAMANA,J DT.23.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahasildar, Nellore Rural Mandal nellore District 2 The Mandal Surveyor, O/o The Tahasildar, Nellore Rural Mandal, Nellore District 3 Two CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 4 2 CD copies.