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2025 DAILYLAW 11744 (AP)

K GOVINDA SWAMY NAIDU v. THE STATE OF AP

WP/7197/2025 · 2025-03-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010136762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7197/2025 Between: K Govinda Swamy Naidu ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not conducting the Survey in pursuance of the F.Line Applications NO.FSNV0125006653517 and F.Line Application NO. FSNV012500653486 dated 12.2.2025 made by the petitioner with regard to the agricultural land in Sy.No.149/4D to an extent of Ac.3.27 Cts in Srungara Sekhara Raja (SSR) Puram Revenue Village, SR Puram Mandal, Chittoor District, as arbitrary, illegal, for extraneous considerations, and in violation of Article 14, 21 and 300A of the Constitution of India and also in violation of The Survey and Boundaries Act, and consequently direct the Respondents conduct the Survey, with 2 regard to the agricultural land in Sy.No.149/4D to an extent of Ac.3-27 Cts in Srungara Sekhara Raja (SSR) Puram Revenue Village, SR Puram Mandal, Chittoor District and fix the boundaries by considering he F.Line Application No.FSNV0125006653517 and F.Line Application No. FSNV012500653486 dated 12.2.2025 made by the petitioner and and to pass..” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The petitioner herein submitted F-line application dated 12.02.2025 seeking to conduct survey and demarcate boundaries in Sy.No.149/4D to an extent of Ac.3.27 Cts in Srungara Sekhara Raja (SSR) Puram Revenue Village, SR Puram Mandal, Chittoor District. Even after receipt of the application of the petitioner, the respondents are not taking any steps for conducting survey as requested. Hence, the writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue placed on written instructions dated 21.03.2025, wherein it is stated that: “In this connection it is submitted that the present writ petitioner said to be submitted application through mee-seva for conduct of Survey vide F-Line Applications No. FSNV012500653486 in old version on Dated: 12-02-2025. But the transaction was failed and no application was received. Further Sri K. Rajendra Naidu, brother of the writ petitioner filed F Line petition vide FSNV012500653517 Dated: 12-02- 2025 with regard to the agricultural land in Sy.No.149/1 Extent Acs. 0.60 cents, 149/2 Extent Acs. 0.81 cents, 149/4A Extent Acs. 1.21 cents and Sy.No. 153/2A Extent Acs. 0.30 cents total Extent of Ac.2.92 Cents in Srungara Sekhara Raja (SSR) Puram Revenue Village, SR Puram Mandal, Chittoor District. The Sachivalayam Survey, V.V.Puram Secretariat / Mandal Surveyor. S.R.Puram issued notice to the applicant on 25-02- 3 2025 to attend field visit for conducting survey on 28-02-2025. Further the Sachivalayam Survey, V.V.Puram / Mandal Surveyor, S.R.Puram conducted survey on 28-02-2025 in the presence of the F line petitioner, writ petitioner, neighboring ryots and villagers and shown the boundaries. The F line petitioner and his brother i.e., present writ petitioner also attended the survey and signed the statement. It is submit that the writ petitioner has not applied for F-Line petition and hence no notice were issued to the writ petitioner but he attended along with his brother at the time of survey. Further it is informed that the applicant is at liberty to apply for Deputy Inspector of Survey for re-survey if he is not satisfied with the survey done by the Sachivalayam Surveyor & Mandal Surveyor. I herewith submit the report of the Surveyor, Notice issued to the petitioner, statement of petitioner and witness and photographs of survey”. 5. He further submits that since the survey is already conducted in the presence of the petitioner in respect of the subject land, at the instance of his brother on 28.02.2025, the survey report is already available. The petitioner as well as the F-line applicant therein, who is none other than his own brother, still the petitioner is entitled to make application to the Deputy Inspector of Survey, who is appellate authority for conducting re-survey as per the provisions of Survey and Boundaries Act, 1923, if the petitioner aggrieved by the survey report. 6. In reply, the learned counsel for the petitioner submitted that they will make application afresh as per the instructions of the respondents. 4 7. Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader for Revenue, on perusal of material on record, more particularly, the written instructions submitted by the 5th respondent herein dated 21.03.2025, this Court is of the opinion that the present writ petition is disposed of by passing the following order: “the petitioner is at liberty to make a fresh application for conducting re-survey to the Deputy Inspector of Survey under the provisions of Survey and Boundaries Act, 1923 and if the petitioner submit a fresh application, the respondents are directed to consider the same, in accordance with law.” 7. With these directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 24.03.2025 LSP 5 161 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7197/2025 24.03.2025 LSP