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High Court of Andhra Pradesh · body

2025 DAILYLAW 18329 (AP)

E NAGAMANI v. The State of Andhra Pradesh,

WP/12685/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1268fi np 2025 Between: E. Nagamani, W/o. Sankarappa, Aged about 48 Mittayambodi Village, Kudurucheennanapalle Mandal, Chittoor District. years, R/o.D.No.4-5, Post, Ramasamudram ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Palamaner Mandal 4. The Tahsildar, Peddapanjani Mandal, Chittoor District. 5. The Mandal Surveyor, Peddapanjani Mandal, Chittoor District. 6. P. Muni Reddy, S/o. P. Krishna Reddy, Aged about 45 Cultivation, R/o. Kamminayunipalle, Karasanapalle Post^ Mandal, Chittoor District. Revenue Chittoor District. years, Peddapanjani ...RESPONDENTS India praying that in Petition under Article 226 of the Constitution of the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction may more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents especially Respondents No. 4 and 5 i not considering the petitioner .P. Online F-Line Application vide application No.FSNV012500663 24.02.2025, for conduct in 070, dated survey and fix the boundaries in respect of the I Petitioners land admeasuring an extent of Ac.2.00 cents out of Ac. 3.45 cents in Sy. No. 220/1 of Kamminayunipalle, Karasanapalle Group, Peddapanjani Revenue Mandat Chittoor District as iiiegal, arbitrary, unjust, contrary to the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 and consequentiy direct the Respondents No. 4 and 5 particuiarly Respondent No.5 to consider the Petitioner A.P. Online F-Line Application vide application No.FSNV012500663 070, dated 24.02.2025, for conduct survey and fix the boundaries in respect of the Petitioners land admeasuring an extent of Ac.2.00 cents 220/1 of Kamminayunipalle, Karasanapalle Group, Peddapanjani Revenue Mandal Chittoor District. out of Ac. 3.45 cents in Sy. No. lA NO: 1 OF 2Ci7R 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 Respondents No. 4 and 5 particularly Respondent No.5 to consider the Petitioner A.P. Online F-Line Application vide application No.FSNV012500663 070, dated 24.02.2025, for conduct survey and fix the boundaries in respect of the Petitioners land admeasuring -an extent of Ac.2.00 cents out of Ac. 3.45 cents in Sy. 3.45 cents in Sy. No. 220/1 of Kamminayunipalle, Karasanapalle Group, Peddapanjani Revenue Mandal, Chittoor District, in accordance with law Petition. pending disposal of the main Writ Counsel for the Petitioner; M/s. P. SARASWATHI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6:— The Court made the following: ORDER k APHC010253162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] r THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12685/2025 f/ Between; ...PETITIONER E Nagamani AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.P SARASWATHI Counsel for the Respondent{S); 1.GP FOR REVENUE The Court made the following; V 2 NV,J W.P.N0.12685 OF 2025 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITIQN NO: 12685/2025 THE ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a Writ, Order or Direction more particularly one in the nature of'Writ of Mandamus declaring the action of the Respondents esoeclallv Respondents No.4 and 5 in not considering the oXS &/on vide application No.FSNV012500663070 dated 24 02 2025, for conduct survey and fix the boundanes in respect of the Boundaries Ad 1923 and consequently direct the Respondents No. 4 and S^rrelrrannZ/of^ cents in Sy No.220/1 of Kamminayunipatte, Karasanapaiie Gro p, Pefdapanjani Revenue Mandat. Chittoor District and pass such... (in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. The claim of the petitioner is that though the petitioner submitted F-line for conducting survey and to fix boundaries in extent of Ac.2-00 cents out of of Kamminayunipalle, Karasanapaiie Group, 3. application dated 24.02.2025 respect of the petitioner’s land admeasuring an Ac.3-45 cents in Sy.No.220/1 Peddapanjani Revenue Mandal, Chittoor considered the application so far nor issued any District, the respondents neither other proceedings. Hence, the present Writ Petition. r 3 A/\4 / . ^ ^ , W.P.N0.12685 OF20.^ 4. On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 01.05.2025 submitted by the 4*' respondent, wherein it is stated that the F-line appiicalion was considered by the respondents and when the respondents are trying to conduct survey in respect of the subject land and the notices to the neighbouring land holders/pattadars. The respondents issued neighboring land owners submitted their objections stating that there are civii disputes are pending between the parlies as weii as the third parties/neighbouring land hoiders. Hence, the 4* respondent herein issued an endorsement dated 13.03.2025 rejecting the ciaim of the petitioner expressing inability to conduct survey and demarcation due to the civil suits are pending before the Court below. 5. Having regard to the submissions made by the learned petitioner and learned Assistant Government Pieader for for the respondents and counsel for the Revenue appearing on perusal of the material placed on record, it is observed that under Section 11 of the A.P.Survey and Boundaries Act, 1923 (for short “the Act”) contemplates passed by the 4^^ respondent, under Section 9 and 10 an appeal against the order of rejection of the Act. For more understanding. Section 11 is extracted as under:- Section 11: Appeals against orders under Section 9 £LJl^(1) Any person affected by a decision under Section 9 or 10 may appeal to the prescribed officer. The decision of the appellate authority with reasons therefor shall be recorded in writing and notice of such decision shall be given in the prescribed manner to the parties to the appeal. Any modification of the survev officer's decision, ^ 4 NV, J W. P. NO. 12685 OF 2025 ordered by the appellate authority, shall be noted in the record prepared under Section 9 or 10 as the case may be. (2) A copy of the order and a copy of the map of recording the boundaries as determined under Section 9, 10 or 11 (1) shall be furnished to any person interested in such order or map as the case may be on his application and at his cost. In view of the efficacious statutory alternative remedy available to the petitioner against the endorsement issued by the 4*^ respondent under Section 9 of the Act, the petitioner has a right to file an appeal before the appellate authority. Hence, the petitioner is directed to file an appeal within a period of three (03) weeks from the date of the receipt of a copy of this order. After filing 6. such appeal, the appellate authority is hereby directed to consider the appeal. after providing opportunity of hearing to the petitioner as well as other stake holders, if any, within a period of two (02) months, thereafter. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// ■fi^ToFFlCER SEC To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Palamaner Mandal, Chittoor District. 4. The Tahsildar, Peddapanjani Mandal, Chittoor District. 5. The Mandal Surveyor, Peddapanjani Mandal, Chittoor District. 6. One CC to M/s. P. Saraswathi, Advocate [OPUC] 7. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. 1. ssb 9>> HIGH COURT DATED:08/05/2025 ORDER WP.No.12685 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS