THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25676 of 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the respondents, in not conducting demarcation to the reserve forest on the boundaries of Kistasagar and Nellipaka Villages as per the gazette notifications in G.O.Ms.No.263 dated 23.03.1975 and G.O.Ms.No.92 dated 16.04.1993, as illegal and arbitrary. The petitioners question the action of the respondents in interfering with the developmental activities of their private lands as illegal and arbitrary. Facts, in brief, are that the petitioners claim to be the owners of an extent of Ac.5.00 and Ac.3.32 cents of land respectively in Sy.No.190/117/1 of Nellipaka Village, Aswapuram Mandal, Khammam District. It is their case that they were granted title deeds in patta Nos.287131 and 288670 by the revenue authorities after conducting enquiry under the Record of Rights Act during the year 1995-96; their lands were situated adjacent to the reserve forest boundaries of Kistasagar on the western and the southern side and Nellipaka Reserve Forest on the northern side; as they are being prevented from using their land, the boundaries are required to be demarcated; in the absence of such boundaries being demarcated the respondents were claiming that the lands, which the petitioners own, also form part of the forest lands. The petitioners seek a direction for survey and demarcation of their lands to determine the boundaries of the reserve forest. The law relating to survey of lands and settlement of boundary disputes has been consolidated under the Andhra Pradesh Survey and Boundaries Act, 1923 (Act 8 of 1923). Section 3(ii) thereof defines ‘Government Land’ to mean any land not forming an estate or any portion thereof. It is evident from Section 3(ii) that lands, other than those forming part of an estate, including private lands would fall within the definition of “Government lands” for the purposes of the Act. Chapter II of the Act relates to the survey of government lands. Under Section 5 the State Government or, subject to the control of the State Government, any officer, or authority to whom the power is delegated may, by notification, order survey of any government land, or of any boundary of such land, or of the boundary forming the common limit of government land, and the land that is not government land. Under Section 6(1), where any survey is ordered under Section 5, the survey officer shall publish a notification in the prescribed manner inviting all persons having any interest in the land, or in the boundaries of which the survey has been ordered, to attend either in person or by an agent at a specified place and time, and from time to time thereafter, when called upon for the purpose of pointing out boundaries and supplying information in connection therewith. Section 7 relates to the survey to be carried out by the survey officer. It is evident from Section 5 that it is only after a notification is issued, either by the State Government or by an officer authorised by the State Government, can lands, which fall within the ambit of the definition of “Government land” under Section 3(ii), be surveyed. No such notification has been placed before this Court by the petitioners herein. In the absence of any statutory obligation on the part of the respondents to conduct a survey, the petitioners cannot claim as of right that a mandamus should be issued to the respondents to survey the lands in question. Suffice to observe that the petitioners’ remedy is to invoke the jurisdiction of the competent Civil Court, either for declaration of title or for an injunction, and in case there is any dispute, regarding the boundaries in question, to file an application therein to have the lands in dispute surveyed and demarcated. Leaving it open to the petitioners to avail the remedy of a civil suit before the Civil Court of competent jurisdiction, the Writ Petition is dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:11.10.2011 usd