HX IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA / WRIT PETITION NO: 8293 OF 2025 Between: G Padmavathi, W/o. Jayaramappa, aged about 46 years Occ. Agriculture, R/o. ChinnaBaldar Village, Ramakuppam Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District. / 3. The Revenue Divisional Officer, Kuppam Revenue Division, Chittoor ^ District. 4. The Tahsildar Ramakuppam Mandal, Chittoor District. / 5. The Deputy Thasildar, Ramakuppam Mandal, Chittoor 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in R.C.No.F1/272505/2025, dated 20.01.2025 issued by the r respondent No.5 rejecting petitioner application, dated 03.01.2025 for conduction of survey of the land in an extent of Ac.0.10 cents in Sy.No.171/2 of Gorivimakulapalle Village, Rama Kuppam Mandal, Chittoor Distpl stating that the said was not sub-divided and also the said land is not in petitioner possession and enjoyment, without issuing any prior notice as arbitrary, illegal, contrary to the provisions of the A.P.Survey and Boundaries Act, 1923 and the rules made thereunder apart from being violative of the fundamental and the Constitutional rights guaranteed to petitioner under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to consider the application, dated 03.01.2025 submitted by petitioner afresh by setting aside the proceedings in R.C.No.F1/272505/2025 , dated 20.01.2025 issued by him. 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 respondent No.5 to re-consider the application, dated 03.01.2025 submitted by petitioner afresh by suspending the proceedings in R.C.No.FI/272505/2025, dated 20.01.2025 issued by him, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. B.V.DURGA PRASAD ' Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010159412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8293/2025 Between: ...PETITIONER G Padmavathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.B.V.DURGA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8293/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in R.C.No.F1/272505/2025, dated 20.01.2025 issued by the respondent No.5 rejecting petitioner application dated 03.01.2025 for conduction of survey of the land in an extent of Ac.0.10 cents in Sy.No.171/2 of Gorivimakulapalle Village, Rama Kuppam Mandal, Chittoor District stating that the said land was not subdivided and also the said land is not in petitioner possession and enjoyment without issuing any prior notice as arbitrary, illegal, contrary to the provisions of the A..P Survey and Boundaries Act, 1923 and the Rules made thereunder apart from being violative of the fundamental and the Constitutional irghts guaranteed to petitioner under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondent No. 5 to consider the application dated 03.01.2025 submitted by petitioner afresh proceedings R.C.No.FI7272505/2025, dated 20.01.2025 issued by him and pass such other order or orders....” aside the by setting in Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. L6arn6cl couns6l for tho petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.10 cents in Sy.No.171/2 situated at Gorvimakulapalle Village, Rama Kuppam Mandal, Chittoor district having acquired the through a registered sale deed dated 15.06.2017. Since then, the petitioner has been in peaceful possession and enjoyment of the subject land. Having recognized the petitioner’s possession, respondent No.4 mutated the name of the petitioner in the revenue records and issued pattadar pass book, IB and adangal in her favour. While so, as the neighbouring land owners are raising boundary disputes, the petitioner herein submitted an F-Line application dated 03.01.2025 seeking to conduct survey and demarcate the subject land of the petitioner. But the said application was rejected by respondent No.5 vide proceedings dated 20.01.2025. 3. same Learned counsel for the petitioner further submits that while rejecting the said application, no notice was issued by respondent No.5 calling upon the petitioner to attend for the survey scheduled. As such, the impugned proceedings is liable to be set aside. Further as per the circular dated 18.05.2010, if a land survey application is submitted to the Tahsildar, the land in question has not been sub-divided, the Tahsildar is required to treat the survey application as a sub-division application and process the land division before proceeding with the survey. Whereas, 4. respondent No.5 instead of treating the application dated 03.01.2025 submitted by the petitioner as sub division application, rejected the same the ground that the sub-division was not done so far in the respect of the subject property. Hence, the writ petition. on On the other hand, learned Government Pleader for the respondents furnished written instructions dated 29.03.2025, wherein, the operative portion of the said instructions is extracted hereunder: 5. “As per the enquiry report of the Village Surveuyor of Gohvimakulapalle the writ petitioner has applied previously f-line petition vide application FSNV012400567563 dated 28.10.2024 and the village surveyor has generated notices vide U/s.23 of APS&B Act, 1923 to serve the adjacent Raythus and applicant the applicant has received the Notice and attended for filed for survey of the land and the said one Smt, Rajamma W/o Gangadharam R/o Chinnabaladr is objected for conducting Survey of the land in Sy No. 171/2 total Ext 0.71 cents of Gohvimakulapalle Revenue Village. The writ petitioner has not shown the enjoying land. The wht petitioner, once again he has applied for the F-Line petition Vide Application No. FSNV012500623280 DT. 3.01.2025 and the Village Surveyor has generated again notices vide U/s 23 of APS&B Act 1923 to serve the adjacent Raythus and but the applicant was refused to received the notice and the wht petitioner has stated not issue any notices to the adjacent raythys of the land. Fuhher, I submit that the applicant has not been attended for the survey of the land and not available at the Village and as per Survey boundary Act BSO 34 A Para 20 (a) the land in Sy No. 171/2 total Ext 0.71 has not been Sub - Division and the applicant is not having possession and of the land, hence the F- Line petition \ M/as rejected. The land in Sy.No. 171/2 total Ext 0.71 cents land is having possession and enjoyment by the Smt, Rajamma W/o Gangadharam and present the land is vacant. On perusal of the said instructions, it is clear that the petitioner has 6. refused to receive the notice issued by the respondents and not attended for the survey of the land in question. Moreover, the petitioner has not been in possession of the subject land and hence, the application of the petitioner was rejected. Learned Government Pleader for the respondents further submits 7. that let there be a direction to the petitioner to submit an appropriate F-line application seeking sub-division of the subject land admeasuring to an extent of Ac.0.10 cents in Sy.No.171/2 situated at Gorvimakulapalle Village, Rama Kuppam Mandal, Chittoor to respondent No.4 through Mee-seva by paying requisite fee. On receipt of such application, the respondentswould consider the same, within a reasonable time. 8. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to submit an F-line application through Mee-seva by paying requisite fee to the respondents seeking sub-division of the land in question, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the such application, if it is feasible for sub-division, the respondents are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the petitioner or other stake holders if any, within a period of three (03) months, thereafter. Further, respondent No.4 is specifically directed to communicate the same to the petitioner. With the above directions, the writ petition is disposed of. There 9. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/-J. SAROJA assistant registrar //TRUE COPY// SECriON OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ^ 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Kuppam Revenue Division, Chittoor District. 4. The Tahsildar Ramakuppam Mandal, Chittoor District. 5. The Deputy Thasildar, Ramakuppam Mandal, Chittoor District. 6. One CC to Sri. B.V.Durga Prasad Advocate [OPUC] GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Two CCs to 8. Three CD Copies GSC i ^ • HIGH COURT DATED:01/04/2025 ORDER WP.No.8293 of 2025 DISPOSING OF THE WP WITHOUT COSTS