IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4111 of 2008 Between: V.Shankaraiah S/o. Pennappa, Hindu, R/o. Peddamusturu ( V ), Uravakonda ( M ), Ananthapur District. ..... PETITIONER AND 1 The District Collector, Ananthapur District, Ananthapur. 2 The Revenue Divisional Officer, Ananthapur. 3 The Mandal Tahsildar, Uravakonda, Ananthapur 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 a writ of Mandamus declaring the action of the 3rd respondent in not taking any steps for conducting survey and fixing boundaries in pursuance of the proceedings of the 1st respondent in L.Dip.No.G/ 4 / 9960 / 07 dt.29-11-2007 in Ac. cents for Ac. held by the petitioner in survey No./A/ of Peddamusturu village, Uravakonda Mandal, Ananthapur District as illegal, arbitrary and violative of Art. 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith conduct survey of the land mentioned above and fix boundary stones without proceeding further with the construction in the land other than Ac.5.00 purchased by the respondent vide registered sale deed No.2351 / 07 dt. 12-11-2007 in the interest of justice and pass Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4111 of 2008 ORDER: It is the case of the petitioner that his father purchased the land admeasuring Ac.10-22 cents in Sy.No.114/A and B situated at Peddamusturu Village, Urvakonda Mandal, Ananthapur District, out of which, an extent of Ac.5-00 cents was given to the petitioner and another extent of Ac.5-22 cents was given to the brother of the petitioner namely Mallaiah and accordingly, the said land has been divided and enjoying separately. While so, as there was some proposal to acquire neighbouring lands including the land of the petitioner for the purpose of allotting to the houseless poor under Indiramma Housing Scheme, the petitioner made an application, dated 22-11-2007 before the 3rd respondent to survey and fix boundaries in respect of the land in question. It is stated that on an application filed by the brother of the petitioner, with regard to sale of his share of the land to the Government, the 1st respondent directed the 3rd respondent to survey the entire land of Ac.10-22 cents and send a report. It is stated that the petitioner has not sold his share of Ac.5-00 cents, out of Ac.10-22 cents and, therefore, no extent of the land of the petitioner can be taken away for the purpose of allotting house sites. I am not inclined to express any opinion as to whether there was any attempt to take away any extent of the land of the petitioner without acquiring the same. However, as the representation of the petitioner, dated 22-11- 2007, is pending before the 3rd respondent, I am of the opinion that it is just and proper to direct the 3rd respondent to consider and dispose of the same. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation of the petitioner, dated 22-11-2007, if not already disposed of, for surveying and fixing boundaries in respect of the land of the petitioner and the land of the petitioner’s brother, which is said to have been alienated in favour of the Government, in accordance with law, as expeditiously as possible, within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ___________ 28-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}