THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.10499 OF 1997 Dated: 27.07.2009 Between: T. Pattabhi Ramaiah .. Petitioner And District Collector, Krishna District at Machilipatnam and others .. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.10499 OF 1997 ORDER: Heard both sides. The petitioner claims that he is the owner and possessor of the land admeasuring Ac.1-41 cents, out of total extent of Ac.6-42 cents, in R.S.No.432/3 of Poranki Village, Penamaluru Mandal of Krishna District (hereinafter referred to as ‘the subject land’), having inherited the same from his father. It is his case that the 4th respondent, who came into possession of some extent of land in R.S.No.432/1, located on the northern side of the subject land, originally belonged to one T.Tirupatamma and others as per the Settlement Register, claimed that he purchased the entire extent of Ac.0.98 cents in R.S.No.432/2, along with the main irrigation channel of Poranki Village, running through it, and, taking advantage of the fact that the actual area covered by the said irrigation channel proper has not been fixed and marked not only at its origin in R.S.No.432/1, but also in all the private lands through which it runs to the road-bridge over it on the Machilipatnam- Hyderabad Highway, the 4th respondent raised dispute as to the boundary line of the subject land owned by the petitioner and denied access to the channel. Therefore, the petitioner was forced to file a civil suit in O.S.No.648 of 1994 against the 4th respondent and the same is pending. It is the further case of the petitioner that, on filing of the said suit, he came to know that an extent of Ac.4-03 cents in R.S.No.432/1 was further subdivided as R.S.No.432/1A and 432/1B comprising of Ac.1-18 cents and Ac.2-85 cents respectively and the 4th respondent came into possession of the extent of land in R.S.No.432/1B, which is on the northern side of the subject land, and since then the 4th respondent has been creating troubles regarding the boundary lines. The petitioner alleges that, in spite of such boundary dispute between him and the 4th respondent, no notice, as required under the A.P. Survey and Boundaries Act, 1923, was issued to him before the subdivision of R.S.No.432/1, and that apart 10 cents of his land i.e. the subject land has been cut/divided and annexed to the 4th respondent’s land of Ac.2-85 cents, in collusion with the 4th respondent, and that the Field Measurements Book summoned by the Civil Court for the purpose of proceedings in O.S.No.648 of 1994 reveals that a fresh sketch was inserted as per Sub-Collector’s proceedings dated 14.04.1975, of which the petitioner has no knowledge. It is the grievance of the petitioner that he made several representations to the 1st respondent to set aside the said survey and subdivision and get the entire extent of Ac.6-42 cents in R.S.No.432 resurveyed after issuing notices to all the affected and interested persons i.e. the owners of the adjacent lands and restore the 10 cents of land annexed to R.S.No.432/1B to him, but no action has been taken so far. Hence, this writ petition. A detailed counter-affidavit has been filed on behalf of respondents 1 to 3 stating that the land in Sy.No.432 was surveyed and boundaries were fixed to subdivisions 432/1, 432/2 and 432/3 in the year 1927 and, thereafter, in the year 1972, a fresh survey was conducted insofar as Sy.No.432/1 only and it has been split into 432/1A and 432/1B and necessary entries were made in the Field Measurements Book in the year 1975, but absolutely there was no change or alteration of the boundaries between Sy.Nos.432/1, 432/2 and 432/3. It is further stated that the petitioner has nothing to do with the subdivision of land in Sy.No.432/1, with which he is no way concerned. Except a formal denial of the allegation that no notice was served on the petitioner before the subdivision was effected, no material is placed to prove that any such notice was issued to the petitioner. In the facts and circumstances of the case, without going into the merits, I deem it appropriate to direct the respondents 1 to 3 to resurvey the petitioner’s land in R.S.No.432/3, admeasuring Ac.1.41 cents, situated at Poranki Village, Penamaluru Mandal of Krishna District, and fix the boundaries to the said land, after putting the 4th respondent and other interested persons on notice. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 27th July, 2009. IBL