IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13008 of 2008 Between: C.Subba Reddy S/o.Venkata Subba Reddy R/o.Apparajupalli village, C.K.Dinne Mandal Kadapa District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by its District Collector, Kadapa,Kadapa District 2 The Assistant Director of District Survey and Land Records Kadapa, Kadapa District 3 The Thasildar, Chinthakomma Dinne, Chinthakomma Dinne Mandal,Kadapa District 4 The Mandal Surveyor, Chinthakomma Dinne Chinthakomma Dinne Mandal, Kadapa District 5 K.Venkata Subbaiah S/o.Yerikalaiah Resident of Balijapalli Village, C.K.Dinne Mandal Kadapa District 6 K.Lakshmumaiah S/o.Yerikalaiah Resident of Balijapalli Village, C.K.Dinne Mandal Kadapa District 7 K.Ramaiah S/o.Yerikalaiah Resident of Balijapalli Village, C.K.Dinne Mandal Kadapa 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 issue an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of 4th respondent in not conducting the survey in so far as the land in an extent of Ac.3.29 cents in SY.No.524 of Mamillapalli village, Chinthakomma Dinne Mandal,Kadapa District as arbitrary, illegal, colorable exercise of power abdication of the statutory duty cast on him and violative of the fundamental rights guaranteed to the petitioner under Articles, 14 and 19 of the Constitution of India and consequently direct the respondents No.3 and 4 to conduct the survey and demarcate the boundaries in so far as the land in an extent of Ac.3.29 cents in SY.No.524 of Mamillapalli village, Chinthakomma Dinne Mandal, Kadapa District. Counsel for the Petitioner: MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The only grievance of the petitioner is that though he made an application to the 3rd respondent – Tahsildar on 15.5.2007 to conduct survey of his land to an extent of Ac.3.29 cents in S.No.524 of Mamillapalli Village, Chinthakomma Dinne Mandal, Kadapa District and to demarcate the boundaries and though the said application was forwarded by the Tahsildar to the Mandal Surveyor on 19.5.2007, so far no survey as such was conducted. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final hearing at the admission stage itself. The learned Government Pleader produced before this Court the instructions obtained by him from the Tahsildar stating that the Mandal Surveyor has issued notice to the petitioner as well as the adjacent ryots for survey of the land fixing the date of survey as 26.1.2008 and 8.2.2008 but the survey could not be taken up in view of the objections raised by the adjoining ryots for the survey of the land. In the meanwhile on 11.2.2008, the adjoining ryots issued legal notices to the Tahsildar stating that the petitioner has no right over the land and they are the owners of the land and requested not to measure the land and, therefore, survey could not be conducted. It is further stated in the instructions by the Tahsildar that he would issue directions to the Mandal Surveyor to measure the land as and when the dispute over the ownership of the land settles. But, however, the learned Government Pleader has not shown any provision of law, which enables the surveyor not to conduct the survey on the objections raised by the adjacent owners. That apart, the petitioner has produced before the Court Xerox copies of the registered title deeds dated 29.12.2003, which are in his favour. In view of the same, there is no reason for the Mandal Surveyor not to conduct the survey of the land. In the circumstances, the Tahsildar is directed to issue necessary directions to the Surveyor to complete the survey expeditiously. With the above direction the writ petition is disposed of. N.V.RAMANA,J DT.30.6.2008 Msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, rep.by its District Collector, Kadapa,Kadapa District 2 The Assistant Director of District Survey and Land Records Kadapa, Kadapa District 3 The Thasildar, Chinthakomma Dinne, Chinthakomma Dinne Mandal,Kadapa District 4 The Mandal Surveyor, Chinthakomma Dinne Chinthakomma Dinne Mandal, Kadapa District