IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12075 of 2008 Between: 1 Mali Narasaiah S/o. Guranadham R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 2 Chella Babulu S/o. Chenchupapaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 3 Malli Ankaiah S/o. Papaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 4 Malli Bujjaiah S/o. Venkata Swamy R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 5 Malli Chinna Ramaiah S/o. Masthanaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 6 Malli Parandhamaiah S/o. Gurunadham R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 7 Madhuri Ramaiah S/o. Guravaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 8 Malli Sriramulu S/o. Ramaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 9 Chella Chenchaiah S/o. Polaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 10 Yenamala Chenchaiah S/o. Papaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 11 Kovuru Subramanyam S/o. Ramaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 12 Palempati Chenchaiah S/o. Chinnaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 13 Kovuru Adheiah S/o. Ramaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 14 Guduboina Veeraswamy S/o. Polaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. 15 Kovuru Venkataramaiah S/o. Ramaiah R/o. Ramadasu Kandriga Village, Survey Pally Bitt-II Venkatachalam Mandal, Nellore District. ..... PETITIONERS AND 1 The Tahsildar, Venkatachalam Mandal, Nellore District. 2 The Revenue Divisional Officer, Nellore, Nellore District. 3 The District Collector, Nellore 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 a writ order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the Respondents herein in surveying out individual extents according to our allotments out of total extent Ac 122-13 cents in S.Nos. 2194 to 2196, 2200 & 2201 situated at Ramadasu Kandriga Village, Sarvepalli Bit-II Venkatachalam Mandal, Nellore District in order to cultivate the same under irrigation is illegal, capricious and void and consequentially direct the respondents herein to make the aforesaid land into plots to get irrigation water for each plot in order to cultivate the same and pass such other order or orders Counsel for the Petitioners:MR.GADE VENKATESWARA RAO Counsel for the Respondents No.: GP FOR REVENUE The Court made the following : ORDER: Aggrieved by the action of the respondents in not surveying the petitioners individual extents of land in S.Nos.2194 to 2196, 2200 & 2201 situated at Ramadasu Kandriga Village, Sarvepalli Bit-II, Venkatachalam Mandal, Nellore District, the petitioners filed this writ petition. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for hearing at the admission stage It is the case of the petitioners that an extent of Ac.122.13 guntas in the above said survey numbers is excess land declared under the provisions of the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act and the same vested with the Government classified as Government CJFS Land as per the revenue records. The writ petitioners and others formed into a cooperative society under the chairmanship of the then Revenue Divisional Officer in the year 1979 and he allotted small extents of land approximately Ac.1.20 cents to each of the member to enjoy the said land by cultivating the same and their names were shown as the possessors and enjoyers of the said land whereas the Revenue Divisional Officer is the Khathadar. It is further stated that the said land was divided into plots according to their allotment and now the Government has dug an irrigation channel near their lands through which water would be supplied to every ryth and, therefore, they approached the authorities to survey and demarcate their lands as per their allotments so that they can enjoy their individual extents conveniently by irrigating the same. Since there was no response from the authorities, they filed this writ petition. On the one hand the petitioners state that in the year 1979 itself the then Revenue Divisional Officer has allotted each one of them certain extents of land and since then they are in continuous possession and enjoyment of their individual extents and on the other hand now they seek the authorities to survey the land and demarcate their individual extents. Though it is stated that they were allotted certain extents of lands, no such allotment letter or order is placed before the Court to prove their assertion. The petitioners have not even produced any letter permitting them to cultivate the said lands. In the aforesaid circumstances, no relief as prayed for by the petitioners can be granted. The writ petition fails and it is accordingly dismissed. N.V.RAMANA,J Dt.19.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahsildar, Venkatachalam Mandal, Nellore District. 2 The Revenue Divisional Officer, Nellore, Nellore District. 3 The District Collector, Nellore District. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies