IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18609 OF 2024 Between: Smt. Sukhvider Kaur, W/o. Jagjeet Singh, Aged 63 years, Occ House Wife, R/o. H.No. 275, Sector 4, Mansa Devi Complex, Panchkula, Haryana State ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam, Srikakulam District. 3. The Revenue Divisional Officer, Palasa, Srikakulam District. 4. The Tahsildar, Kanchili Mandal, Srikakulam 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 action of 4th Respondent in issuing proc. Rc..No.103/2024/B, dt 21-06-2024 without conducting the Survey and not fixing the boundaries, demarketing the petitioner agriculture land admeasuring in an extent Ac.2.00 cents in Survey No. 137/It, situated at Lakshmipuram Village Kanchili Mandal, Srikakulam District, is illegal arbitrary un just, and contrary to the provisions of AP Survey and Boundaries Act 1923, consequently set aside the proc. R.C.No.103/2024/B, dt 21-06-2024, direct the respondents to conduct the Survey and fix the boundaries, demarkete the petitioner agriculture land admeasuring in an extent Ac.2.00 cents in Survey No: i.^ituated at Lakshmipuram Village Kanchili Mandal, Srikakularri Mu6: 1 OF 2024 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 to conduct the Survey and fix the boundaries, demarkete the petitioner agriculture land admeasuring in an extent Ac.2.00 cents in Survey No. 137/It, situated at Lakshmipuram Village Kanchili Mandal, Srikakulam District, pending disposal of the main Writ Petition. 'A . 'A . <■ / / Counsel for the Petitioner: SRI SURYA TEJA ANUMOLU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER 1 NV,J W.P.No.18609 of 2024 APHC010360512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI t (Special Original Jurisdiction) [3329] m WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18609/2024 Between: Smt. Sukhvider Kaur ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .SURYA TEJA ANUMOLU Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: 2 NV,J W.P.No.18609 of 2024 ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 4^*^ respondent in issuing Proc. Rc.No.103/2024/B da|ed 21.06.2024 without conducting the survey and not fixing the boundaries, demarcating the petitioner agriculture land admeasuring an extent of Ac.2-00 cents in Sy.No. 137/It, situated at Lakshmipuram Village, Kanchili Mandal, Srikakulam District as illegal, arbitrary, unjust and contrary to the provisions of A.P. Survey and Boundaries Act, 1923, consequently, set-aside the Rc.No.103/2024 /B dated 21.06.2024, direct the respondents to conduct the survey and fix the boundaries, demarcate the petitioner agriculture land admeasuring in an extent of Ac.2-00 cents in Sy.No. 137/It, situated at Lakshmipuram Village, Kanchili Mandal, Srikakulam District.” th 2. The present writ petition is filed challenging the action of the 4 respondent in issuing proceedings in Rc.No.103/2024/B dated 21.06.2024 and not conducting survey and not fixing the boundaries in respect of the petitioner’s agricultural land of an extent of Ac.2-00 cents in Sy.No.137/It, situated at Lakshmipuram Village, Kanchili Mandal, Srikakulam District, as illegal, unjust, arbitrary and for consequential direction to the respondents to conduct the survey and fix the boundaries in respect of the subject property by setting aside the proceedings Rc.No.103/2024/B dated 21.06.2024. Learned counsel for the petitioner submits that the F-Line application of 3. the petitioner seeking survey of the subject property was made on 19.06.2024 3 NV,J W.P.No.18609 of 2024 and it was rejected on 21.06.2024 without issuing any notice to the petitioner. He further submits that, when an application is made seeking for survey and fixation of boundaries, the concerned Tahsildar is required to take appropriate decision in terms of Section 10(1) of the Andhra Pradesh Survey and Boundaries Act, 1923 and intimate the decision thereon to the parties under Section 10(2) of the said Act. Thus, the 4^'^ respondent - Tahsildar is required to conduct an enquiry as contemplated under law and thereafter fix boundaries. Hence, the rejection proceedings are liable to be set-aside. Learned Assistant Government Pleader for Revenue furnished the 4. written instructions of the Tahsildar, Kanchili Mandal dated 26.08.2024 stating that the land of the petitioner is not sub-divided and it is not possible to decide the boundaries. He submits that, in web land the Sy.no.137-1A1 is sub-divided into 137-1t in the name of Sukchandrakanth Singh with an extent of Ac.2-00 cents with a notional Khata No.100152, as on ground, Sy.no.137/1A1 is having an extent of Ac.23-71 cents and it is not subdivided as per revenue records. The petitioner also does not know the boundaries of her land and the land is under joint cultivation. As per BSO 34A, Para 20(a), the land is not sub divided as per the Government records and hence the respondents cannot survey and fix the boundaries, demarcate the agricultural land admeasuring Ac.2-00 cents in Sy.No. 137/It, situated at Lakshmipuram Village, Kanchili Mandal, Srikakulam District. 4 NV,J W.P.No.18609 of 2024 Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. As seen from the material on record, there is no dispute with regard to 6. submission of application dated 19.06.2024 for conducting survey. Issuance of notice for conducting survey basing on the application dated 19.06.2024 is disputed. As per the ngte submitted by the Tahsildar Kanchili Mandal, the reason for not conducting survey is that the land is not sub divided as per the Government Records.. Powers of the survey officer to determine and record a disputed boundary is prescribed under Section 10 of the Act. Section 10 (1) of the Act, mandates that where a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the boundary and record in writing the reasons for his decision. Sub-Section (2) of Section 10 of the Act says that notice of every decision of the survey officer under t Section 10 (1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands, the boundaries of which 7. may be affected by the decision. In the present facts of the case, the Survey officer did not take any decision as required under Section 10 (1) of the Act and communicate the same as mandated under Section 10 (2) of the Act. Therefore, inaction of the 4**^ respondent is contrary to Section 10 of the Act. 8. 5 NV,J W.P.No.18609 of 2024 9. Hence, I find that it is a fit case to issue a direction to Respondent Nos.1 to 4 to consider the application of the petitioner and take appropriate decision in terms of Section 10 (1) of the Act and communicate the same to the petitioner in terms of Section 10 (2) of the Act, within four (04) weeks from the date of receipt of copy of this order. 10. In the result, writ petition is allowed with the following directions: 1. The action of the 4‘^ respondent - Tahsildar in issuing Proceedings in Rc.No.103/2024/B dated 2106.2024 is declared as illegal, arbitraryand contrary to the provisions of the A.P.Survey and Boundaries Act, 1923; 2. Proceedings in Rc.No.103/2024/B dated 21.06.2024 are hereby set- aside; 3. Respondent Nos.1 to 4 are directed to consider the application of the petitioner and take appropriate decision in terms of Section 10 (1) of the Act and communicate the same to the petitioner in terms of Section 10 (2) of the Act, within four (04) weeks from the date of receipt of copy of this order. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam, Srikakulam District. 3. The Revenue Divisional Officer, Palasa, Srikakulam District. I 4. The Tahsildar, Kanchili Mandal, Srikakulam District. 5. One CC to Sri Surya Teja Anumolu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb ^3a!t3GS3 HIGH COURT DATED:05/03/2025 ORDER ^qF ANOfi^ ^ 1 7 MAR 2025 ^ ^ . Current Section . WP.No.18609 of 2024 o ALLOWING THE W.P. WITHOUT COSTS