The Hon'ble Sri Justice C.V.Nagarjuna Reddy

Writ Petition No.21262 of 2010

Date: 06-09-2010

Between:

Rudroju Kamala

..... Petitioner

AND

The District Collector, Warangal District at Subedari Warangal and 3 others. .....Respondents Counsel for the Petitioner: Mr.P.Mehar Srinivasa Rao

Counsel for the respondents: AGP for Revenue

The Court made the following:

Order:

This Writ Petition is filed for a Mandamus to declare the inaction of the respondents, in taking steps to measure the lands in Survey No.306 of Deshaipet of Warangal Mandal and District, as illegal and arbitrary.

The petitioner claims to be the owner of 2420 square yards of land in the above-mentioned survey number, having purchased the same vide registered document No.50/2003, dated 04-01-2003. According to the petitioner,

the revenue authorities, in collusion with certain land brokers, have been claiming that the said property is a Government land situated in Survey No.308 and not in Survey No.306 and in the year 2007, he got a survey done through the Assistant Director of Survey and Land Records and the said survey revealed that the land is situated in Survey No.306. It is the case of the petitioner that as the revenue authorities have been insisting that the land in question is situated in Survey No.308, he has submitted a representation to respondent No.2 to get a fresh survey conducted to avoid the dispute. The petitioner's grievance is that his request is not heeded to by respondent No.2 and no action thereon is taken so far.

On instructions, the learned Assistant Government Pleader for Revenue representing the respondents submitted that though the petitioner made a representation to respondent No.2 requesting to get a fresh survey conducted, the necessary charges as envisaged under the Andhra Pradesh Survey and Boundaries Act, 1923, have not been paid and that therefore, no survey could be conducted.

The learned Counsel for the petitioner stated that his client is prepared to pay the necessary charges by way of a challan.

Having regard to the above-submissions of the learned Counsel for the parties, the Writ Petition is disposed of in the following terms:

1. Within two weeks from today, the petitioner shall pay survey charges through challan and produce proof of the same before respondent No.4; 2. On production of proof of payment of survey charges by the petitioner, respondent No.4 shall give notice to the petitioner and respondent No.3, fix a date and conduct a survey in their presence; and

3. A copy of the survey report shall be given to the

petitioner.

As a sequel to disposal of the Writ Petition, WPMP.No.27053 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous.

(C.V.NAGARJUNA REDDY, J)

___________________________

6 th September, 2010 lur