THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3088 of 2008 Between: G.Ramchander Rao and others. .. PETITIONERS and The District Collector and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3088 of 2008 ORDER: It is the case of the petitioners that they are the owners and possessors of the land admeasuring Ac.2-22 gts. in Sy.No.117 situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District, having succeeded from their father namely G.Dasharatha Ramarao. It is stated that respondents 4 and 5 are the owners of the land admeasuring Ac.1-20 gts. in Sy.No.119, which is a neighbouring land. As there was some boundary dispute, the petitioner filed a suit O.S.No.2725 of 2007 on the file of the II Additional Senior Civil Judge, Ranga Reddy District and an interim injunction was also granted on 29-11-2007 against respondents 4 and 5 and the said suit is pending. It is further stated that the petitioners made a representation before the 3rd respondent to conduct survey of the land in Sy.No.117 of Peddashapur Village, Shamshabad Mandal, Ranga Reddy District. Basing on the said representation, the 2nd respondent issued a Notice No.E.Seva 217/2007, dated 23-01-2008, requesting the petitioners as well as respondents 4 and 5 and other neighbouring pattadars to be present on 30-01-2008. But, however, the survey could not be conducted on that day. Therefore, another notice, dated 02-02-2008, has been issued requesting all the concerned to be present on 11-02-2008. But, on that day also, the survey could not be conducted. Therefore, the petitioners seek to issue a Writ of Mandamus declaring the action of the 3rd respondent in not surveying the land in Sy.No.117, as illegal and arbitrary. As the application is said to have been pending before the 3rd respondent, it is for the 3rd respondent to conduct survey and fix boundary stones by conducting panchanama, if there is no dispute. But, however, under the guise of surveying the land, the respondents cannot interfere with the possession of either respondents 4 and 5 or of the petitioners. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent to conduct survey and fix boundary stones in Sy.No.117, in the presence of petitioners as well as respondents 4 and 5 and other neighbouring land owners, as mentioned in the notices, dated 23-01-2008 and 02-02-2008, in accordance with law. There shall be no order as to costs. ___________ 15-02-2008 Note: Issue C.C. in one week (B/o) Prv