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2025 DAILYLAW 17980 (AP)

HARIJANA VEERESHA v. THE STATE OF ANDHRA PRADESH

WP/12546/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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L IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12546 OF 207.^ Between: 1/1-1, Mantriki Village, Kurnool District-518323 w If■'if?!''' ""a® 38 years, Resident of M87-1 1st Ward, Mantriki Village, Kurnool District-518323. 3. Gummalk Ravi Prasad, S/o Thimmappa, Age 187, Mantriki Village, Kurnool District-518323. ''' y®®'®’ R®s“ent of 1-171-1 Mantriki Village, Kurnool District-518323. 41 years. Resident of 1- 'v=^' ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Secretary Revenue epartment. Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Kurnool District, 3. The Revenue Division Officer, Adoni M^^ndal 4. The Mandal Revenue Officer, Adoni litoidal at Kurnool. Kurnool District^ Kurnool District. 5. The Mandal Surveyor, Mantrikrvillage, Adoni Mandal, Kurnool District. Development Corporation Roads & Buildings, New R&B Building, Labbipet, Vijayawada-520010 . ' 7. The Chief Commissioner of Land Floors, APIIC Building, Auto Nagar Guntur District-522503. Administration, Office at 1st & 3rd . Near NRI Hospital, Mangalagiri, ...RESPONDENTS Petition under Article 226 of the Constitution the*:dfcumstances stated i tbe^pj^^sed to issue a Writ of India praying that in in the affidavit filed therewith, the High Court or direction, more particularly one in the nature of may Writ of Mandamus, declaring the 5, in not conducting the action of action of the respondent no.4 and survey and fixing the boundaries on Petitioners application No. FSNV01250069576, dt. 05.04^025, to the land an extent of C. 2.45 Cents, situated at Survey No. 106/5 and 106/8, Mantriki Village, Adoni Mandal, Kurnool District which is arbitrary, against the principles of -, 7 and 8 of The A.P. Survey and 19, 21 & 300 A of Constitution of India survey and natural justice and violation of the Section 5 Boundaries Act, 1923 and Article 14, and consequently to direct the respondent no.4 and 5 to conduct fix the boundaries of the subject property. lA NO: 1 OF 709^ Petition under Section 151 CPC stated in the affidavit filed i pleased to conduct praying that in the circumstances m support of the petition, the High Court may be survey of subject property to the land an extent of Ac. 106/5 and 106/8, Mantriki Village, Adoni pending disposal of the writ petition. 2.45 Cents, situated at Survey No. Mandal, Kurnool District; till Counsel for the Petitioner: SRI BANKA Counsel for the Respondent Nos. Counsel for the Respondent Nos. The Court made the following: ORDER NAGESWARA RAO 1 to 5: GP FOR REVENUE 6 & 7: GP FOR ROADS & BUILDINGS APHC010247932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12546/2025 Between: ...PETITIONER Harijana Veeresha AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1. BANKA NAGESWARA RAO Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution 1. of the India seeking the following reliefs:- “to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of action of the respondent no.4 and 5, in not conducting the Survey and fixing the boundaries on Petitioners application No. FSNV01250069576, dt. 05.04.2025, to the land an extent of Ac. 2.45 Cents, situated at Survey No. 106/5 and 106/8, Mantriki Village, Adoni Mandal, Kurnool District which is arbitrary, against the principles of natural justice and violation of the Section 5, 7 and 8 of The A.P. Survey and Boundaries Act, 1923 and Article 14, 19, 21 300 A of Constitution of India and consequently, to direct the respondent no.4 and 5 to conduct survey and fix the V3 boundaries of the subject property and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject property, admeasuring to an extent of Ac.2.45 cents in Sy. Nos. 106/5 and 106/8, situated at Mantriki Village, Adoni Mandal, Kurnool District and having acquired the subject property from their vendors through a registered sale deed vide Document No. 1841/2022. Pursuant thereto, the petitioners submitted F-line application dated 20.04.2025 to the respondent authorities under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, seeking for conducting survey and fixation of boundaries in respect of the subject land. However, after receipt of the F-line application dated 20.04.2025, the respondent authorities neither considered nor issued any other proceedings. Hence, the present writ petition. 3. even The learned Government Pleader for Revenue appearing for the 4. respondents submits that the respondent authorities will consider F-line dated 20.04.2025 submitted by the petitioners and pass application appropriate orders in accordance with laws, within a reasonable time. 3 Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the respondent authorities to consider the F-line application dated 20.04.2025 submitted by the petitioner and pass an appropriate order in accordance with the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, after providing an opportunity of hearing to the petitioners and other stake holders if any, within a period of three (03) months from the date of receipt of copy of this Order. 5. fk With the above direction, the writ petition is disposed of. There 6. shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SEarf^^FF'CER //TRUE COPY// To The State of Andhra Pradesh, Rep.by its Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Kurnool District, at Kurnool. The Revenue Division Officer, Adoni Mandal, Kurnool District. 1. 2. 3. The Mandal Revenue Officer, Adoni Mandal, Kurnool District. 4. The Mandal Surveyor, Mantriki Village, Adoni Mandal, Kurnool District. The Chief Engineer, Andhra Pradesh Road Development Corporation, Roads & Buildings, New R&B Building, Labbipet, Vijayawada-520010 . 5. 6. V I 7. The Chief Commissioner of Land AdministrWon, Office at 1st & 3rd Floors, APIIC Building, Auto Nagar, Near NRI Hospital, Mangalagiri Guntur District-522503. 8, One CC to Sri Banka Nageswara Rao, Advocate [OPUC]^'" 9. Two CCs to GP for Revenue, Higf^Cqurt of Andhra Pradesh. [OUT] [OUT]"^^ Acquisition, High Court of Andhra Pradesh. 11. Three CD Copies V. TF HIGH COURT DATED;09/05/2025 ORDER WP.No.12546 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS