IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24273 of 2014 BETWEEN Shaik Mahaboob Valli AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The grievance in this writ petition is similar to W.P.No.22821 of 2014.
3. Petitioner has sought survey to be conducted with regard to the lands in an extent of Ac.0-56 cents in survey No.345-1B and Ac.0-56 cents in survey No.345-6 of Guduru Village Fields, Kadapa Mandal, Y.S.R. District, by making an appropriate application as per the requirement of the Rules on 20.04.2011. On the said application, it appears that respondent No.3 has taken action, but on finding that there are no sub-divisions and the patta is joint, under his endorsement, dated 24.01.2011, he rejected the petitioner’s request by stating that there is no sub-division available and all other joint pattadars must come forward and consent to the survey and in the absence thereof, the survey cannot be conducted. The present writ petition is directed against the said endorsement.
4. Instructions of the learned Government Pleader state that in the village account, survey No.345 admeasures Ac.16-37 cents and stands in the name of Manager for the time being of Mosque. Survey No.345 is later sub divided to 345/1 to 345/7 and 345/1 was further sub divided into 345/1A and 345/1B admeasuring Ac.2-47 cents and Ac.2-00 respectively. While the adangal shows that survey No.345/1B is Ac.3-53 cents, which is a joint patta to Aktharunissa and Shaik Mahaboob Bee and Survey No.345/6 admeasuring AC.0-72 cents is in the name of Mahaboob Bee and Aktharunissa. The said Aktharunissa is stated to have been issued pattadar passbooks for Survey No.345/1B and 345/6 in Khata No.369, where as Shaik Mahaboob Bee is given passbook for survey No.345/1B and 345/6 vide khata No.370. The said division on ground, therefore, is required to be made before the survey authorities take up the survey. Petitioner appears to have sought for survey only and has not made application seeking sub division.
5. Hence, the writ petition is disposed of giving liberty to the petitioner to apply for sub division, in accordance with the Rules and pay the necessary fee and thereafter approach respondent No3. to take up and conduct the survey, as already pleaded for. If the petitioner complies with the requirement as above and approaches respondent No.3 he shall take appropriate necessary steps for conducting survey and sub division work and complete the same expeditiously.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 17, 2014 LMV