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2025 DAILYLAW 18341 (AP)

S.V. Suneetha v. The State of Andhra Pradesh,

WP/12689/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12689 OF 2025 Between: S.V. Suneetha, W/o. B.K. Subramanyam, Aged about 44 years, R/o. D. No. 19-31, Jayaprakash Road, Kuppam Town and Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional officer/ Sub Collector, Madanapalli sub division Madanapalli, Chittoor District. 4. The Tahsildar, Kuppam, Kuppam Mandal, Chittoor District. 5. The Deputy Tahsildar, Kuppam, Kuppam Mandal, Chittoor District. 6. The village revenue officer, Rajanam Village, Matarlapalle panchayat, Kuppam Mandal, Chittoor District. 7. The Surveyor, Kuppam, Kuppam Mandal, Chittoor District. 8. V.M. Neelakhanta, S/o. Late Munaswamy, Aged about 44 years, Occ Agriculture, R/o. Matarlapalle Village, Kuppam Mandal, Krishna Dasanapalle Post, Chittoor District. ...Respondents 5^> P6tition 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents #lDre particularly the 5th respondent in rejecting the F-Line application vide no. FSNV012400519839 dated 27-08-2024 submitted by the petitioner for survey and demarcating the land in an extent of A.C. 3.91 Cents in Sy. No. 95/3 of Rajanam village, Kuppam Mandal, Chittoor District issuing the endorsement Vide RC.NO. FL/226507/2024, Dated 18-09-2024 as arbitrary, illegal and inviolation of the statutory provisions of AP Surveys Boundaries Act, 1923 and against article 300 of comstitution of India and and consequently (i) to set aside the impugned and assinging the endorsement Vide RC.NO. FL/226507/2024, Dated 18-09- 2024 passed by 5th respondent and to (ii) to direct the respondents more particularly the 4th respondent to conduct the survey and demarcate the land in an extent of A.C. 3.91 Cents in Sy. No. 95/3 of Rajanam village, Kuppam Mandal, Chittoor District. 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 pleased to direct the respondents more particularly the respondents not to interfere in any manner with regards to the land admeasuring in anextent of AC. 3.91 cents in Survey no. 95/3 of Rajanam Village, Krishnadasnapalli Post, Kuppam Mandal, Chittoor District lA NO: 2 OF 2Q2fi may be 5 to 8 of the petitioner Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to pending disposal of this Writ Petition direct the may be 4th and 5th respondent to conduct the survey and demarcate the land in an extent of A.C. 3.91 Cents in Sy. No. 95/3 of Rajanam village, Kuppam Mandal, Chittoor District Counsel for the Petitioner: SRI. K.M.PAVAN KUMAR Counsel for the Respondent Nos. 1 to 7: GP FOR REVENUE The Court made the following order: 3^ APHC010254162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12689/2025 Between: S.v. Suneetha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K.M.PAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: NV,J W.P. NO. 12689 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12689/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 5'^ respondent in rejecting the F-Line application vide no.FSNVOI 2400519839 dated 27.08.2024 submitted by the petitioner for survey and demarcating the land in an extent of AC.3.91 Cents in Sy.No.95/3 of Rajanam village, Kuppam Mandal, Chittoor District issuing the endorsement Vide RC.NO.FL/226507/2024, Dated 18.09.2024 as arbitrary, illegal and inviolation of the statutory provisions of AP Surveys and Boundaries Act, 1923 and against article 300 of comstitution of India and consequently (i) to set aside the impugned and assinging the endorsement Vide RC.NO.FL/226507/2024 Dated 18.09.2024 passed by 5*'^ respondent and to (ii) to direct the respondents more particularly the 4**' respondent to conduct the survey and demarcate the land in an extent of AC.3.91 Cents in Sy.No.95/3 of Rajanam village, Kuppam Mandal, Chittoor District and pass ...’’(in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner is that though the petitioner submitted F-line application dated 27.08.2024 for conducting survey and to fix boundaries in respect of the petitioner’s land admeasuring an extent of Ac.3-91 Cents in Sy.No.95/3 of Rajanam village, Kuppam Mandal, Chittoor District, the respondents neither considered the application so far nor issued any other proceedings. Hence, the present Writ Petition. On the other hand, learned Assistant Government Pleader for Revenue 4. appearing for the respondents submitted that against the endorsement issued NVJ - W.P.NO. 12689 OF '>0. by the 5'^ respondent the petitioner is available with an alternative statutory appeal under Section 11 of the A.P.Survey and Boundaries Act, 1923 (for short “the Act”) 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, it is observed that under Section 11 of the Act contemplates an appeal against the order of rejection passed by the 4^*^ respondent, under Section 9 and 10 of the Act. For more understanding. Section 11 is extracted as under:- Section 11: Appeals against orders under Section 9 or 10 :-(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 survey officer's decision, 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 5^^ respondent under Section 6. 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 of such an appeal, the appellate authority is hereby directed to consider the NV,J W.P.NO. 12689 OF 2025 ) appeal, after providing opportunity of hearing to the petitioner as well as other stake holders, if any, within a period of three (03) months, thereafter. % 7. 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/- U.SRI DEVI ASSISTANT REGISTRAR 'OFFICER //TRUE COPY// qtI^ SE To, 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional officer/ Sub Collector, Madanapalli sub division, Madanapalli, Chittoor District. 4. The Tahsildar, Kuppam, Kuppam Mandal, Chittoor District. 5. The Deputy Tahsildar, Kuppam, Kuppam Mandal, Chittoor District. 6. The village revenue officer, Rajanam Village, Matarlapalle panchayat, Kuppam Mandal, Chittoor District. 7. The Surveyor, Kuppam, Kuppam Mandal, Chittoor District. 8. One CC to Sri. K.M.Pavan Kumar Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT Three CD Copies 10. GSC high court DATED;08/05/2025 ORDER WP.No.12689 of 2025 ^ofand^ % g 0 5 Il'N ?0?5 ^ * Current Section disposing the wp WITHOUT COSTS