Point of Law : It has become necessary for this Court to examine legal obligation, if any that is cast upon respondents for conducting sub-division survey as and when such request is made by persons concerned.

ORDER :

Heard learned counsel for the petitioners, Mr. G. Madhusudhan Reddy and learned Assistant Government Pleader for Revenue, Mr. D. Rajasekhar for the respondents.

2. The grievance of the petitioners in this Writ Petition is that in spite of the repeated requests made by the petitioners for conducting of sub-division survey of the land owned by the petitioners to an extent of Ac.1.006 gts each in Survey Nos.199/A/1/1 and 199/A/2/1 situated at Jankapur Village, Asifabad Mandal, Komuram Bheem Asifabad District, the same is not being conducted by the respondents.

3. It is the further case of the petitioners that they have approached this Court earlier on two occasions by filing W.P.No.35092 of 2018 and W.P.No.4167 of 2021 and also submitted repeated applications for conducting sub-division survey of the subject land. However, in terms of the directions issued by this Court in W.P.No.4167 of 2021, finally the fifth respondent issued notice dated 12.03.2020 for conducting survey on 17.03.2021 but the fifth respondent refused to conduct sub-division survey of the land owned by the petitioners and issued a memo dated 17.03.2021 stating as under:-

“As per served Notices I have proceeded to Site on dated:17.03.2021 along with Mandal Surveyor, Asifabad and conducted the demarcation in respect of Sy.No.199 situated at Jankapur Village of Asifabad Mandal by showing the boundaries to applicants, side pattedars and panchas and conducted the panchanama in front of applicants and side pattedars and panchulu. The total extent of land in Sy.No.199 is 10.01 Acres/Guntas the panchas are signed on panchanama but the applicants have refused to sign on the panchanama and claiming to demarcate the extent owned by them only in respect of Sy.No.199 to an extent of 2.01 acres/Guntas. Where as the entire extent of full Sy.No. is 10.01 Acres/Guntas and there is no sub-division in the records/Map.

In view of the claim of petitioner for demarcation of land owned by them separately could not be considered and for consideration of claim they have to apply for sub-division which could be considered subject to actual possession only.”

4. Thereafter, the petitioners claim to have submitted another application through challan No.6100953952 dated 29.06.2021 requesting for sub-division survey of the land owned by the petitioners, which is the subject matter of this Writ Petition. But the respondents have not taken any action on the said requisition submitted by the petitioners and hence, the petitioners approached this Court by filing the present Writ Petition.

5. It is further contended by learned counsel for the petitioners that though the respondents are under obligation to conduct sub-division survey of the land owned by the petitioners, the respondents are not taking any steps for conducting of such sub-division survey number and they are only confining the survey in respect of the entire survey number. Thereby, the petitioners are deprived of getting the fixation of boundaries and demarcation of the land owned by the petitioners. Hence, learned counsel for the petitioners prays for passing appropriate orders directing the respondents to conduct sub-division survey. Learned counsel for the petitioners also placed reliance on an order passed by this Court in W.P.No.33290 of 2013 dated 21.11.2013 for conducting sub-division survey.

6. The matter came up for consideration on 22.08.2022 and the learned Assistant Government Pleader informed this Court that the Mandal Surveyor from the office of the fourth respondent has already issued a notice vide reference No.B/387/2021 dated 16.08.2022 proposing to conduct survey of the subject land on 22.08.2022. In view of the same, the matter is directed to be adjourned today i.e. 23.08.2022 and when the matter is taken up today, it is represented by the learned counsel for the petitioners that though notice was issued for conducting survey, the respondents have not conducted survey on the ground that the present Writ Petition i