N.BHUMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed feeling aggrieved by two memos, dated 01.10.2012 and 11.10.2012 of respondent Nos.3 and 4, respectively, whereby they have expressed their inability to demarcate the boundaries in respect of Ac.0.26 guntas of land in Survey No.1330/B, Acs.2.15 guntas in Survey No.1330/C and Acs.4.12 guntas in Survey No.1331/A of Vilassagar Gram Panchayat, Boinapally Mandal, Karimnagar District.

(2.) The petitioners have earlier filed Writ Petition No.28008 of 2012 feeling aggrieved by the inaction of the respondents in conducting survey and fixing the boundaries of the above-mentioned lands. This Court disposed of the said Writ Petition by order, dated 07.09.2012, directing the respondents to take necessary steps on the petitioners' applications within a period of four weeks and further observed that if the respondents find any ground for not conducting survey, they shall communicate the same to the petitioners. In compliance of the said direction, the two impugned memos were issued by respondent Nos.3 and 4. The gist of these memos is that though the purported sub-division numbers have been entered in the pattadar passbooks of the petitioners, when an enquiry was undertaken along with the Surveyor on field, no sub-division record was prepared in respect of the above-mentioned lands and that in the absence of such sub- division, unless the consent of all the owners of the lands in the Survey numbers in question are obtained, the boundaries cannot be fixed. Feeling aggrieved by these memos, the petitioners filed this Writ Petition.

(3.) At the hearing, learned Assistant Government Pleader for Revenue (Telangana area), placed before the Court Circular in Rc.No.N2/1741/2010, dated 18.05.2010. Para 6(b) of the Circular, which is relevant for the present purpose, envisages that F-line petitions/Demarcation petitions received in respect of portions of survey fields in agricultural lands should be converted by Tahsildars as applications for sub-division on payment of balance fee payable, if any, and sub-division should be done in accordance with BSO-34 A para 13 in Andhra area and in respect of Telangana districts, in accordance with CSSLR Circular Rc.No.N1/1408/07, dated 13.07.2007.