IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8865 of 2008 Between: 1 Smt.Kolan Sujatha Devi W/o.Late K.Madhu Sudan Reddy R/o.H.No.310/2,RT New Community Hall Near Water Tank Opp: Venkateshwar Tent House Saidabad colony, Hyderabad, AP 2 Smt.A.Sowmya Reddy W/o.A.Mallikarjun Reddy R/o.H.No.310/2,RT New Community Hall Near Water Tank Opp: Venkateshwar Tent House Saidabad colony, Hyderabad, AP ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy District, Lakdikapool,Hyderabad 2 The Tahasildar/MRO,Ibrahimpatnam Mandal Ibrahimpatnam, Ranga Reddy District .....RESPONDENT(S) 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 to issue an appropriate writ order or directions more particularly one in the nature of writ of mandamus declaring the action of the respondent No.1 and 2 innot conducting the land survey and fixing of boundary stones in Sy.No.1064 situated at Khalsa Ibrahimpatnam village of Ibrahimpatnam Mandal,R.R.District as per the revenue records is illegal, arbitrary,and violation of the articles 14&16 of the Constituion of India and consequently direct the respondents No.1 and 2 to conduct theland survey and fix the boundary stones in SY.No.1064 as per the revenue records henceforth and pass Counsel for the Petitioner:MR.BETHI.VENKATESWARLU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 8865 of 2008 Order: The petitioners filed the present writ petition seeking the following relief: “To issue an appropriate writ, order or directions more particularly one in the nature of writ of mandamus, declaring the action of respondent Nos.1 and 2 in not conducting the land survey and fixing the boundary stones in Survey No. 1064, situated at Khalsa Ibrahimpatnam village, Ibrahimpatnam Mandal, R.R. District, as per the revenue records is illegal, arbitrary and violation of the Articles 14 and 16 of the Constitution of India and consequently direct respondent Nos.1 and 2 to conduct the land survey and fix the boundary stones in Survey No. 1064 as per the revenue records henceforth.” The petitioners state that they are the absolute owners and title holders of the agricultural lands, admeasuring Ac.1-00 guntas and Ac.1- 35 guntas respectively in Survey No.1064 situated at Khalsa Ibrahimpatnam village, Ibrahimpatnam Mandal, R.R. District, having acquired the same by way of registered gift settlement deeds dated 04.02.2004 and 25.05.2005 respectively. While so, it is the case of the petitioners that when their neighbouring land owners tried to encroach into their lands by changing the boundary stones, they made an application in the month of March, 2007 requesting respondent No.2, namely the Tahsildar of Ibrahimpatnam Mandal, R.R. District, to survey the lands in Survey No. 1064 and fix the boundary stones as per the revenue records. Upon the said application, though respondent No.2 has issued notices to the petitioners and to their neighbouring land owners by fixing the date as 10.04.2007 for conducting the survey, no survey was conducted on the said date. Hence, they again made application on 04.07.2007 to respondent No.2 for the same purpose by paying requisite fee. Again respondent No.2 got issued a notice dated 03.09.2007 to the petitioners and to their neighbouring land owners by fixing the date as 16.09.2007, but he failed to conduct the survey even on the said date also. Since respondent No.2 or the revenue authorities concerned did not take any steps to conduct the survey, the petitioners made a representation dated 12.02.2008 to respondent No.1, namely the District Collector, Ranga Reddy District, copy of which is also marked to respondent No.2, requesting them to direct the Mandal Surveyor concerned to conduct the survey and fix the boundary stones in the lands in Survey No.1064, but so far no action thereon had been taken. Hence, they filed the present writ petition. On last occasion, when the matter was taken up for admission, learned Assistant Government Pleader for Revenue sought time to get instructions. Accordingly, the matter was directed to be listed today. Today, when the matter is taken up, no instructions are reported by the learned Assistant Government Pleader for Revenue. Since the learned Assistant Government Pleader for Revenue failed to report any instructions, taking into consideration the averments made by the petitioners in the affidavit filed in support of the writ petition to be true and correct that even after making appropriate application by paying the requisite fee, respondent No.2 is not conducting the survey and postponing the same on one pretext or the other, and since the petitioners contend that there is threat of encroachment of their land by the neighbouring land owners, I deem it appropriate to dispose of the writ petition with the following directions: Respondent No.1, namely the District Collector, Ranga Reddy District, is directed to issue proper instructions either to respondent No.2, namely the Tahsildar, Ibrahimpatnam Mandal, or to the Mandal Surveyor concerned to conduct the survey of the lands in Survey No.1064 of Khalsa Ibrahimpatnam village, Ibrahimpatnam Mandal, R.R. District, and fix the boundaries, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 25.04.2008 Ksr/Nsr