A KRISHNA REDDY Vs. TAHSILDAR SHAMSHABAD MANDAL

JUDGEMENT

(1.) THIS writ petition is filed questioning the memo No. A/798/2006 dated Nil-5-2007 of the first respondent, refusing to survey the individual holdings of the petitioner in respect of land situate in Jukal village, Shamshabad mandal, Ranga Reddy District as illegal, contrary to Rule 14 of the A. P. Rights in Land and Pattadar Pass Books Rules, 1989 and the circular ref No. ROR (A)/225/89 dated 1-6-1989.

(2.) ACCORDING to the petitioner, he is the absolute owner, pattadar and possessor of agricultural land admeasuring Ac. 2. 03 in survey No. 160/a, Ac. 2. 12 in survey No. 161/a, ac. 1. 03 in survey No. 163, Ac. 1. 19 in survey n0. 164/a, Ac. 0. 30 in survey N0. 165/a, ac. 0. 07 in survey No. 166, Ac. 0. 25 in survey no. 168/a, Ac. 1. 16 in survey No. 169, Ac. 3. 04 in survey No. 212/a, Ac. 2. 20 in survey n0. 213/a, Ac. 3. 31 in survey No. 214/a, ac. 2. 11 in survey No. 215/a, Ac. 2. 34 in survey No. 216/a and Ac. 2. 39 in survey no. 222/a, Jukal villave, Shamshabad Mandal, ranga Reddy District having acquired the same through succession. On demise of his father, his name was entered in Record of rights by the then Tahsildar vide proceedings no. B1/2986/1982 and Pattadar Pass Book was also issued to him. The petitioner made a representation dated 16-12-2005 to the first respondent requesting to conduct survey and demarcate land for sub-division. Since, no further action was taken in the matter, he filed W. P. No. 8330 of 2006 and the same was disposed of by order dated 25-4-2006 directing the respondents therein to pass appropriate orders on the representation of the petitioner within a period of three months from the date of receipt of copy of the said order. Thereafter, the first respondent in the month of May, 2007 issued memo no. A/798/2006 informing that no survey can be conducted as the area requested for survey is only part of the total survey and no field measurements are available. Hence, the present writ petition.

(3.) LEARNED counsel for petitioner submitted that the impugned proceedings refusing to survey and demarcation of the subject land for sub-division is contrary to the Rules made under A. P. Rights in Land and Pattadar Pass books Rules, 1989 and the circular ref no. ROR (A)/225/89 dated 1 -6-1989 issued by the Commissioner of Survey, Settlement and land Records. He further submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in W. P. No. 13350 of 2005 dated 10-3-2006.