IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 27412 of 2008 Between: Kalidasu Jagannatham S/o. Shankaraiah R/o. Flat No. 305, Gollapudi Castle, Santhapet, Ongole, Prakasam District. ..... PETITIONER AND 1 The Tahsildar Ponnalur Mandalam Prakasam District. 2 The Mandal Surveyor Ponnalur Ponnalur Mandalam, Prakasam 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 Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in not conducting the survey and fixing the boundaries in respect of the land situated in Sy.Nos. 168 and 169 of Chennipadu Village, Ponnaluru Mandal, Prakasam District, despite paying the requisite charges, as illegal and arbitrary and consequently direct the respondents herein to conduct the survey and to fix the boundaries, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:Sri VENKATESWARLU SANISETTY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27412 of 2008 ORDER: The petitioner is allegedly owner of land admeasuring Acs. 16.46 (out of Acs.32.91) in Survey Nos. 168 and 169 of Chennipadu Village of Ponnaluru Mandal, Prakasam District. He also obtained pattadar passbooks. He, thereafter submitted an application on 12.6.2008 requesting survey of the land and to fix the boundaries. As there is inaction, the present writ petition is filed seeking a direction to the respondents to conduct survey. At the stage of admission itself, the learned Assistant Government Pleader for Revenue (Andhra Area) brought to the notice of this Court of an unreported judgment in Vennapusa Musalaiah v District Collector,Prakasam(Writ Petition No. 25901 of 2008), wherein this Court having regard to the suit filed by the petitioners being O.S. No. 4 of 2006 on the file of the Court of the Senior Civil Judge, Kandukur, passed the following order: “This Court adjourned the matter yesterday to enable the learned Assistant Government Pleader for Revenue (Andhra Area) to get instructions in the matter. After getting instructions, he submits that an application was made by fifth respondent for survey of the land, and no steps were taken to dispossess the petitioners, as alleged. The same is recorded. This Court also observes that as the matter is lis pendens in the Civil Court, survey of the land or any attempt to dispossess the persons whoever is in possession, is not warranted. Petitioners may approach the learned Senior Civil Judge, Kandukur, and press for orders in I.A. No.29 of 2006. The Writ Petition, with the above observations, is accordingly disposed of. No costs.” In view of the above orders, any direction in this case to conduct survey would be contrary. It is always open to the petitioner to file an application before the Court of Senior Civil Judge, Kandukur and obtain necessary orders with regard to the survey and fixation of boundaries. In this writ petition, no relief can be granted. The writ petition is accordingly disposed of. No costs. ____________ (V.V.S. RAO,J) 23rd December, 2008 pnb