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High Court of Andhra Pradesh · body

2025 DAILYLAW 12321 (AP)

G MARUTHI PRASAD v. THE STATE OF AP

WP/7516/2025 · 2025-03-26

Venkateswarlu Nimmagadda

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7516 OF 2025 Between: G Maruthi Prasad, S/o. late Ramakrishna Rao aged 49 years, Occ: Cultivation, Ananthapuramu District. R/o. Budigumma Village, Beluguppa Mandal ...Petitioner AND 1. State of Andhra Pradesh, rep by its Principal Secretary, Revenue Dept Secretariat, Velagapudi, Guntur. 2. Collector and District Magistrate, Ananthapuramu, Ananthapuramu Dist., 3. Revenue Divisional Officer, Kalyandurgam Division, Ananthapuramu. 4. Tahsildar, Beluguppa Mandal, Beluguppa, Ananthapuramu District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ/Order/ Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondents in not conducting Survey and fix boundary to the land to an extent of Ac.4-41 cents situated in Sy.No.221/1 of Budigumma(V), Beluguppa(M), Ananthapuramu District pursuant to Representation dt.05.01.2024 with Application No. RSATP 202412099129 of PGRS as illegal, arbitrary, without jurisdiction besides violation of Art. 14 of the Constitution of India and consequently direct the Respondents to consider the Representation dt.05.01.2024 with Application No. RSATP 202412099129 of PGRS of the petitioner for conducting Survey by fixing boundary to the subject land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th Respondent herein to consider the Representation dt.05.01.2024 with Application No. RSATP 202412099129 of PGRS of the Petitioner for conducting Survey by fixing boundary to the land to extent of Ac.4-41 cents situated in Sy.No.221/1 of Budigumma(V), Beluguppa(M), Ananthapuramu District forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. SRINIVASULU KURRA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010144802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7516/2025 Between: G Maruthi Prasad ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT{S) 1.SRINIVASULU KURRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7516/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ/Order/ Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondents in not conducting Survey and fix boundary to the land to an extent of Ac.4-41 cents situated in Sy.No.221/1 of Budigumma(V), Beluguppa(M), Ananthapuramu District pursuant to Representation dt.05.01.2024 with Application No.RSATP 202412099129 of PGRS as illegal, arbitrary, without jurisdiction besides violation of Art. 14 of the Constitution of India and consequently direct the Respondents to consider the Representation dt.05.01.2024 with Application No.RSATP 202412099129 of PGRS of the petitioner for conducting Survey by fixing boundaries to the subject land forthwith and to pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the resident of Budigumma Village, Beluguppa Mandal, Ananthapuramu District. Originally the petitioner’s family owns a land admeasuring to an extent of Ac.9.00 cents in Sy.No.221 of Budigumma Village, Beluguppa Mandal, Ananthapuramu District. Later an extent of Ac.3.00 cents was sold to one Sri. Mareppa. After deducting the same, for the purpose of community, respondent No.4 acquired an extent of Ac. 1.59 cents out of the remaining land i.e, Ac.6.00 cents. As such, the petitioner has been in possession and enjoyment of the land admeasuring to an extent of Ac.4.41 cents situated in Sy.No.221/1 of the said village and eking out his livelihood by performing agricultural operations. While things stood thus, some third parties are trying to grab the land belonging to the petitioner under the guise of Gramakantam, for which, the petitioner herein submitted his representation dated 05.01.2024 seeking to conduct survey and fix boundaries in respect of his land. But the respondents did not choose to consider the said representation. Thereafter, the petitioner herein submitted an application dated 05.01.2024 with vide Application No. RSATP 202412099129 through PGRS requesting to conduct survey and to fix boundaries in respect of the land of the petitioner. Even after receipt of the said application, the respondents neither considered the same nor acted upon. Hence, the writ petition. 4. On the other hand, learned Government Pleader for Revenue submits that in order to conduct survey and fix boundaries, the petitioner herein has to make an appropriate F-line application to respondent No.4 through Mee-seva by paying requisite fee. Despite the same, the petitioner’s land cannot be surveyed based on the representation submitted by the petitioner. He further submits that let there be a direction to the petitioner to submit a fresh F-line application seeking to conduct survey and to fix boundaries in respect of the subject land through Mee-seva/AP Online/ Village Secretariats by paying requisite fee. On receipt of such application, the same, within a reasonable time. respondents will consider the 5. Having regard to the submissions petitioners and learned Government Pleader perusal of the material placed that the present writ petition made by the learned counsel for the for the respondents and on record, this Court is of the considered view on can be disposed of, directing the petitioner to make an appropriate F-line application seeking to conduct survey and to fix boundaries in respect of the subject property of the petitioner through Mee and on payment of requisite fee, within a receipt of a copy of this order. On respondents are directed to consider the a period of two (02) months, thereafter. Seva/ AP Online/ Village Secretariat period of two (02) weeks from the date of receipt of such application, the and pass appropriate orders, within same 6. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous petition shall stand closed. Petitions, if any. pending in the writ Sd/- M SRiNIVAS ASSISTANT REGISTRAR I //TRUE COPY// SE N OFFICER To, 1. The Principal Secretary, Revenue Dept., State of AP, Secretariat, Velagapudi, Guntur. 2. The Collector and District Magistrate, Ananthapuramu, Ananthapuramu Dist., 3. The Revenue Divisional Officer, Kalyandurgam Division, Ananthapuramu. 4. The Tahsildar, Beluguppa Mandal, Beluguppa, Ananthapuramu District. 5. One CC to Sri. Srinivasulu Kurra Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC % is f* i * A "■ HIGH COURT DATED:26/03/2025 ORDER WP.No.7516 of 2025 g 21 MAR 2125 ^ Cfirrenl Section o « 2 7 MAR 2025 Curftnt Saation DISPOSING OF THE WP WITHOUT COSTS