THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.469 of 2005 ORDER: According to the petitioner, their ancestral property was divided in the year 1956 and an extent of Ac.4.05 gts. in Sy.No.149/2 of Kodada village fell to the share of his father. Out of it, his father gifted Ac.2.00 of land, for construction of Primary Health Centre at Kodad, and sold Ac.1.22 ½ gts. to others. While so, the Government of India, for the purpose of Telecommunication Department, acquired Ac.2.26 gts. in Sy.No.150, belonging to one Shaik Dastagiri, and award was passed to that effect. It is the case of the petitioner that while acquiring the land in Sy.No.150, the Telecommunication Department, by mistake, occupied his land to an extent of 0.18 gts. in Sy.No.149/2 and also the land in Sy.No.149/1 belonging to his cousin sister Yerra Bharathamma. It is also the further case of the petitioner that insofar as the said Bharathamma is concerned, her sons filed W.P.No.2753 of 1997 and the same was disposed of on 19.02.1997, directing the respondents therein to consider the application of the petitioners therein and not to dispossess them from the land in dispute. According to the petitioner, pursuant to orders dated 19.02.1997 passed in the said W.P.No.2753 of 1997, a joint inspection was conducted and it was found that the Government was in possession of excess land of more than one acre belonging to Bharathamma and, thus, the sons of Bharathamma were delivered with that land. The grievance of the petitioner is that in the said joint inspection, it came to light that the Telecommunication Department was in possession of excess land, which includes his land admeasuring 0.18 gts. in Sy.No.149/2, and therefore, he submitted several representations to the Telecommunication Department, seeking to return his land, but the same are not acted upon. Hence, this writ petition. In the counter affidavit filed by respondents 3 and 4, it is stated that the very writ petition is misconceived and no land in excess of the acquired land is in possession of the Telecommunication Department and, therefore, the writ petition is liable to be dismissed. It is the categorical assertion of the petitioner that in the joint inspection conducted pursuant to the orders dated 19.02.1997 passed in W.P.No.2753 of 1997, it was found that the Telecommunication Department was found in possession of excess land, which includes his land admeasuring 0.18 gts. in Sy.No.149/2 also, and therefore, he is entitled to hold his land. This contention is denied by the respondents stating that no land in excess of the acquired land is in possession of the Telecommunication Department. In view of the aforesaid rival contentions, I deem it appropriate to dispose of the writ petition as under: “The petitioner is directed to file an application before the Tahsildar concerned, bringing all the facts to his notice for the purpose of conducting joint survey, and on filing such application, the Tahsildar concerned along with personnel of the Survey Department shall conduct joint survey, after issuing notice to the Telecommunication Department as well as the petitioner, and find out whether the Telecommunication Department is in possession of any excess land belonging to the petitioner, and if any such land is available, the petitioner is entitled to hold the same.” The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 02.12.2010 Note: Issue CC in ten days B/o v v