THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15596 OF 2002 DATED:05.07.2010 Between: Chintala Kistaiah and others .. Petitioners And The Mandal Revenue Officer, Aswapuram Mandal, Aswapuram, Khamma District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15596 of 2002 ORDER: Petitioner Nos.1 to 4 are sons of late Ramaiah, who statedly had purchased the land admeasuring Ac.1.10 cents in Survey Nos.256/2, Ac.0.50 cents in Survey No.256/1 and Ac.0.48 cents in Survey No.255 situated at Aswapuram Village and Mandal in Khammam District under a registered document dated 19.10.1969. Respondent Nos.2 and 3 made an application to the Mandal Revenue Officer (MRO), Aswapuram Mandal - first respondent herein alleging that an extent of Ac.0.28 cents in Survey No.275 belonging to them was in occupation of somebody and was restored to them. The MRO then issued notice on 19.03.2002 for conducting survey. On 04.08.2002 boundary stones were fixed and the first respondent allegedly directed the petitioners to vacate the land in their possession. Aggrieved by the same, the present Writ Petition is filed. Respondent No.1 has not filed any counter affidavit. Respondent Nos.2 and 3 are represented by the counsel but no counter affidavit is filed. It is further submitted that various allegations made in the writ affidavit are not correct. Along with the Writ Petition, the petitioners have filed pattedar pass books of petitioner Nos.1 to 4 which is prima facie evidence of petitioners’ title. On an application made by respondent Nos.2 and 3, survey was conducted and boundary stones were fixed. During the survey if it is found that a part of the land in possession of the petitioners is the land owned by respondent Nos.2 and 3, the remedy of the latter is to file a suit for possession and it is not within the powers of the Revenue Authorities to give a direction to the petitioners to hand over possession. The Survey and Boundaries Act, 1923 does not confer the power on the Survey Officer to give such directions. In view of the above, the Writ Petition is disposed of observing that if any piece of land is in possession of the petitioners, belonging to respondent Nos.2 and 3, subject to proving the same, they may file a suit for recovery of possession. Insofar as survey is concerned, when there is boundary dispute between the owners of neighbouring lands, there is no infirmity for the first respondent in conducting survey. The Writ Petition, with the above observation, is disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 05.07.2010 KH