THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.27099 of 2009 ORDER: The petitioner purchased an extent of Acs.0.08 cents of land in Survey No.711/15 of Kavuruvarupalem Village, Chirala Mandal, Prakasam District, through a sale deed, dated 26.06.2002. He is said to have constructed a thatched house therein and raised vegetable garden in the rest of the land. The petitioner complains that the respondents are tying to dispossess him from the land, on the ground that it is in Survey No.711/5. He states that the Tahsildar, Chirala Mandal, the third respondent herein, issued a notice, dated 08.05.2008, proposing to conduct survey of the land in Survey No.711/5 and on that basis, he is trying to evict him. The petitioner also filed a copy of the Adangal in which he was shown to be in possession of Ac.0.08 cents of land in Survey No.711/15. His grievance is that the respondents are trying to evict him. Respondents 1 to 3 on the one hand, and the fourth respondent on the other, filed separate counter-affidavits. According to them, there is no sub-division of ‘15’ in Survey No.711 and that the petitioner is in occupation of the Government land. It is stated that the land encroached by the petitioner is needed for construction of a water tank. Heard Sri K.S.Murthy, the learned counsel for the petitioner, the learned Government Pleader for Revenue and the learned Standing Counsel for the fourth respondent. The petitioner purchased Ac.0.08 cents of land through a registered sale deed, dated 26.06.2002. After that, his name was entered in the Adangal. One Smt.N.Jalamma is shown as pattadars of an extent of Acs.0.63 cents of land and the petitioner is shown to be in possession and enjoyment of Acs.0.08 cents. The respondents have stated that there is no sub-division ‘15’ in Survey No.711. Relevant sketches and maps were also filed. A close examination of the sketch of Field No.711 discloses that it was initially sub-divided into eight parts and subsequently some parts were further divided. Thus, the sub-divisions up to ‘14’ in that field number are not at a seriatum. The order in which the sub-divisions exist on the ground is 1, 2, 9, 3, 10, 4, 5, 6, 7, 11, 12, 13, 14, and 8. It becomes clear that the sub-divisions beyond 8 were carved out of the existing sub-divisions. For instance, sub- division ‘9’ was carved out of 711/3 and ‘10’ out of 711/4. Survey No.711/5 is a triangular plot with fairly large area. Since it was transferred in bits in favour of various persons including the petitioner, the sub-division ‘15’ appears to have been allotted to Ac.0.08 cents of land purchased by the petitioner. The respondents are not clear in their stand as to how an Adangal was issued by showing the land of the petitioner in Survey No.711/15. These are the matters for detailed verification and summary eviction cannot be resorted to. Hence, the writ petition is allowed and the respondents are restrained from evicting the petitioner. It is, however, made clear that if there exists any survey or other errors, it shall be open to the respondents to follow the prescribed procedure and take necessary steps, in accordance with law. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:11.02.2009 kdl