IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 14169 of 2009 Between: Smt.Linga Subadramma W/o Linga Rangaiah,Hindu 16-11-741/B/13/103 Musarambaghm,Hyderabad-500036 ..... PETITIONER AND 1 The District Collector Khammam District,Khammam 2 The Revenue Divsional Officer Khammam District 3 The Tahsildar Khammam District 4 Smt Pamba Venkata Laxmi W/o Late Veeraiah Pallegudem(V) Khammam District Rural Mandal,Khammam 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 declaring the action of the Respondents 1to 3 in not conducting the survey to identify and demarcate the boundaries in respect of the petitioner's land in SY No.58 Pallegudem(V) Khammam District and further action of the respondent No 4 in making construction in the said land as being illegal,arbitrary unconstitutional and contrary to the provisions of A.P Survey and Boundaries Act 1923 and consequently direct the respondents 1to 3 to survey the land and identify and demarcate the boundaries of the lands of the petitioner Counsel for the Petitioner :MR.P.SRI HARSHA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.14169 OF 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the action of respondent Nos. 1 to 3 in not conducting the survey to identify and demarcate the boundaries in respect of the petitioner’s land in Sy.No.58 of Pallegudam village, Khammam Rural mandal, Khammam District to an extent of Ac.0-08 guntas and action of the fourth respondent in making construction in the said land as arbitrary and illegal and consequently direct the respondent Nos. 1 to 3 to conduct survey and demarcate the land of the petitioner. According to the petitioner he had purchased an extent of Ac.2-24 guntas of land in survey No.58 of Pallegudam village, Khamam Rural Mandal, Khamam District vide registered sale deed No.1815 of 1964, dated 23.12.1964. While that being so, an extent of Ac.1-01 guntas was acquired for construction of Nagarjuna Sagar Canal. Further, the petitioner sold away Ac.1-05 guntas of land to third party. Thus, only Ac.0-08 guntas of land remained with him. According to the petitioner the Government has allotted 262 sq. yards of land to fourth respondent out of this Ac.0-08 guntas of land held by the petitioner, claiming the same to be the Government land. Under those circumstances, the petitioner has filed a representation dated 09.01.2009 seeking the respondents to conduct survey and fix boundaries for the balance of land i.e., Ac.0-08 guntas held by the petitioner, after the acquisition of Ac.1-01 guntas for Nagarjuna Sagar Canal and after selling of another Ac.1-05 guntas to the third party. The said application is still pending and no action has been taken by the respondents. Therefore, this writ petition. Under those circumstances, without expressing any opinion on merits, the respondents are directed to conduct a detailed survey of the Ac.0-08 guntas of land held by the petitioner in survery No.58 of Pallegudam village, Khamam Rural mandal, Khammam District and fix boundaries. Till such time the allotment made in favour of fourth respondent shall not be given effect to and further she shall not make any construction there on till a decision is taken by the respondents. The survey shall be conducted in the presence of the fourth respondent and the petitioner herein. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. There shall be no order as to costs. _______________ C.V. RAMULU, J 3rd August, 2009 MD/KSH