East Godavari District v. Uppalaguptnam, East Godavari District

The petitioner claims that he is the owner of Ac.26-00 cents in R.S.No.356/2 (old Sy. No.232/2) of S.Yanam village, Uppalaguptham village and mandal, East Godavari District, under a registered sale deed, dated 15-04-1970.

It is alleged that the said land is part of the bigger Sy.No.356/2, which comprises of approximately Ac.1000.00 cents of land. It is further alleged that within the very same land, an extent of Ac.70-00 cents belongs to Bhoodan Board and the land of the petitioner is to the north of the said land of Bhoodan Board. However, on ground, there appears to be some overlapping between the land claimed by the petitioner and the land belonging to the Bhoodan Board. On account of the dispute raised as to the location of the respective lands on ground, at the instance of petitioner, some steps have been taken for the purpose of survey. Along with the writ petition several representations and the notices issued for the purpose of survey are produced for the last several years.

However, it is alleged that the petitioner was forced to file this writ petition on account of communication of the Mandal Revenue Officer in his endorsement bearing RF No.2961 of 2001, dated 18-04-2001, wherein, the M.R.O. has expressed inabililty to conduct survey of the petitioner’s land on the ground that it is inundated with water. The petitioner complains that, apart from the said incorrect allegation, the survey is to be conducted to the land. The petitioner has a right and as a citizen is entitled to have his land properly surveyed, demarcated and localized on the ground and whatever charges are required to be paid, there for, will be deposited by the petitioner.

I have heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

No counter affidavit is filed though the matter is pending from 2001 onwards.

To my mind, the grievance of the petitioner can be easily redressed by the respondents by conducting a proper survey and localize the respective lands on grounds. If at all any charges for the said survey are payable by the petitioner, the petitioner can be called upon to deposit the same. Further, the reason given by the M.R.O., for declining survey, is hardly justified. No such impediment exists, in view of latest technology, relating to survey, now available.

It is therefore, just, proper and desirable to direct the respondents to conduct a detailed survey of the said survey number 356/2 as aforesaid, within a period of six weeks from the date of receipt of a copy of this order. It is open for the respondents to take assistance of the Survey of Land Reforms Department, if they so feel necessary. On the basis of this survey, so conducted, the 1st respondent-District Collector shall pass appropriate order specifying and demarcating the boundaries of the land of the petitioner as well as the land of Bhoodan Board so that any of the parties aggrieved thereby will be entitled to have appropriate remedy.