Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8289 OF 2025 Between: D Radhappa, S/o late D. Ramappa, aged about 35 years Occ; Agriculture, R/o. Vernegapalli Village, V.Kota Mandal, Chittoor District. ...PETITIONER AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota, Mandal, Chittoor District. 5. The Mandal Surveyor, V.Kota Mandal Chittoor District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.4 and 5 in conducting survey and demarcating the land in an extant of an Ac. 0.22 Cents in Sy.No. 247 of Gonumakkulapalle Village fields,v V.Kota Mandal, Chittoor District arbitrary, illegal and abdication of the statutory duty cast on them and violative of fundamental rights guaranteed to the petitioner under Articles 14, as
19 and 21 of the Constitution of India and consequently direct the festJondents No. 4 and 5 to conduct the survey and demarcate the land in 'ar| extent of an Ac. 0.22 Cents in Sy.No. 247 of Gonumakkulapal le Village ' fields, V.Kota Mandal, Chittoor District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.4 to consider the F-Line Application, dated 27.12.2024 registered as Application No. FSNV012400618435 submitted by the petitioner for conduct of survey and demarcate the land in an Ac. 0.22 Cents in Sy.No. 247 of Gonumakkulapalle Village fields, V.Kota Mandal, Chittoor District, and pass appropriate orders on the same and pending disposal of the writ petition.
Counsel for the Petitioner: SRI B.V.DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
APHC010159442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS [3329] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8289/2025 Between: D Radhappa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.B.V.DURGA PRASAD Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
/ v/ - 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8289/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent Nos. 4 and 5 in conducting survey and demarcating the land in an extant of an Ac.0.22 Cents in Sy.No.247 of Gonumakkulapalle Village fields, V.Kota Mandal, Chittoor District, as arbitrary, illegal and abdication of the statutory duty cast on them and violative of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos. 4 and 5 to conduct the survey and demarcate the land in an extent of an Ac.0.22 Cents in Sy.No.247 of Gonumakkulapalle Village fields, V.Kota Mandal, Chittoor District and pass such other
order.
2. Heard the
learned counsel for the petitioner and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner’s mother executed a gift deed dated 02.08.2023 in favour of the petitioner in respect of the land admeasuring to an extent of Ac.0.22 cents in Sy.No.247 of Gonumakkulapalle Village Fields, V.Kota Mandal, Chittoor District. Since then, the petitioner has been in continuous possession and enjoyment of the subject property. While things stood thus, some third parties raised a boundary dispute. As such, the petitioner filed an f-line application dated
3 27.12.2024 seeking to conduct survey of the subject land and demarcate the boundaries. But the respondents failed to conduct survey and demarcate the boundaries. Hence, the present Writ Petition.
4. Learned Government Pleader for the respondents furnished \A/ritten instructions, wherein it is stated as follows:
"The writ petitioner has applied for survey to show the boundaries in Sy.No.247 extent Ac.0.22 cents of Gonumakulapalle Village of V.Kota. Accordingly, the Mandal Surveyor, V.Kota has issued notices to all surrounding pattadhars including the writ petitioner vide F-line N0.FSNVOI2400618435 dated 27.12.2024, but the writ petitioner has not attended for f-line enquiry. Further Sri Ramakrishnappa has raised objection for survey in Sy.No.247 extent Ac. 0.22 cents of Gonumakulapalle village of V.Kota Mandal due to ROR appeal No. 1856/2024 is pending in the court of Flon’ble Revenue Divisional Officer, Palamaneru. Flence, the Mandal Surveyor, V.Kota has rejected the F-line petition. ”
5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Government Pleader for the respondents, without going into the merits, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to approach respondent No.3 and file an appropriate application for conducting
% 4 Mir survey during the pendency of the appeal bearing ROR Appeal/petition No. 1856 of 2024. If the petitioner files such an interlocutory application, respondent No.3 may consider it on its merits and pass appropriate orders within six(6) weeks from the date of filing the interlocutory application. Needless to state that respondent No.3 is legally mandated to adhere to the principles of natural justice by issuing advance notice to all the parties including the petitioner, and consider their
submissions/objections and documents, if any, before passing any orders on such interlocutory application. It is classified,this court has not expressed any view on the merits of the case.
6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- N NAGAMMA assistant REGIST^rR //TRUE COPY// OFFICER S To,
1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District.
2. The District Collector, Chittoor District.
3. The Revenue Divisional Officer, Palamaner, Chittoor District.
4. The Tahsildar, V.Kota, Mandal, Chittoor District.
5. The Mandal Surveyor, V.Kota Mandal Chittoor District.
6. One CC to Sri B.V.Durga Prasad Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies
HIGH COURT DATED:02/04/2025
ORDER WP.No.8289 of 2025 0 9 APR 2025 a^ . Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS