IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE 0S. ASHOK KUMAR WRIT PETITION NO : 18548 of 1998 Between: Lalbahadur Karmika Sangham, rep.by it's General Secretary K.Muriki Raju, Gotta Barrage Cross Road, Hera Mandal, Srikakulam Dist. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep.by it's Revenue Secretary, Secretariat, Hyderabad. 2 The District Collector, Srikakulam District. 3 The Mandal Revenue Officer, Sarubujjili Mandal, Srikakulam 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 appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents not surveying the lands and marking the boundaries in order to handover the possession of the land allotted through issuing 'D' Pattas to the members of the petitioners union in Survey No.1/5 of Saradam(V), Sarbujjili Mandal, Srikakulam District is illegal, arbitrary and violation of fundamental rights and consequently direct the respondents to hand over the possession of the land to the members of the union who are 'D' Patta holders in Sy.No.1/5 of Saradam Village,Sarbujjili Mandal, Srikakulam Dist. and pass other order or orders as this Honourable Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.KOONA REDDY ANJI REDDY Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following order: This Writ Petition is filed seeking a direction to the respondents 2 and 3 to survey and identify the land for pattas already issued to the members of the petitioner-Association. The brief facts of the case are as follows: The members of the petitioner-association, 40 in number, were given pattas of one acre each at Saradam village of Sarbujjili Mandal in Srikakulam District. The grievance of the petitioner-association is that in spite of repeated requests, the revenue officials have not turned up to identify the land assigned to the members of the petitioner-association and did not survey the same. A detailed counter affidavit has been filed by the Joint Collector, Srikakulam District, wherein, after admitting the assignment of land, it is stated that in spite of several attempts made by the revenue officials, the members of the petitioner-association did not evince any interest in meeting the officials at their office or at the village when the revenue officials visited the village. According to the respondents, no fee is necessary to be paid for surveying the land. Though, the petitioners had remitted Rs.50/- each, however, the same was ordered to be refunded by the collector to the assignees, and, when the same was refunded by way of demand drafts, the postal covers were refused by the petitioners. The learned Government Pleader appearing the respondents would submit that the revenue officials are always ready and willing to survey and identify the land and give possession to the assignees and the earlier attempts made by the revenue officials became futile only because of the attitude of the assignees. Now, the learned Counsel for the petitioner submits that the members of the petitioner-association are willing to cooperative with the revenue authorities to survey and identify the land already assigned to them. In that view of the matter, the petitioner-association is directed to approach the Mandal Revenue Officer, Sarbujjili Mandal, Srikakulam district within a period of three weeks from the date of receipt of this order and the Mandal Revenue Officer either by himself or through his subordinates survey the land, identify the boundaries and assign the same to the members of the petitioner- association, in accordance with law, and pass necessary orders within a period of two months thereafter. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. ---------------------------------- JUSTICE S. ASHOK KUMAR DATED 17-4-2008 Msnr.