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2025 DAILYLAW 26309 (AP)

M NAGARAJU v. THE STATE OF AP

WP/18925/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

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APHC010371372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 3 v til THURSDAY. THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE X w A, PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18925 OF 2025 Between: V. M. Nagaraju, S/o. M.Akkulanna, Aged 38 Years, Occ; Agriculture, Residing at H.No.2-25, Madigubba, Anantapuram District. Boya Colony, Madigubba, Atmakur Mandal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anantapuram, Anantapuram District. 3. The Tahsildar, Atmakuru Mandal, Anantapuram District. 4. The Mandal Surveyor, Atmakuru Mandal Anantapuram District. 5. The Village Surveyor, Madigubba Village, Atmakuru Mandal, Anantapuram 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 the respondent Nos.3 to 5 in not conducting proper survey to fix the boundaries in respect to the land admeasuring Ac.0.71 cents in Survey No.298-3-1 situated at Madigubba Village, Atmakur Mandal, Anantapuramu District in pursuance of the petitioner's online F-Line Application dated 22.02.2025, as illegal, arbitrary and against their obligatory duties and consequently direct the respondent Nos.3 to 5 to conduct survey and to fix the boundaries in respect to the land admeasuring Ac.0.71' cents in Survey No.298-3-1 situated at Madigubba Revenue Village, Atmakur Mandal, Anantapuramu District by considering his online application dated 22.02.2025 vide transaction ID No. TAFSNV012500662479. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Nos.3 to 5 to fix the boundaries by conducting proper survey in respect to the land admeasuring Ac.0.71 cents in Survey No.298-3-1 situated at Madigubba Revenue Village, Atmakur Mandal, Anantapuram District by considering the petitioner’s online application dated 22.02.2025 vide transaction ID No.TAFSNVOI2500662479, pending disposal of the above writ petition. I Counsel for the Petitioner: SRI SESHADRI GOALLA Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following order: m APHC010371372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0-Ke [3331] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18925/2025 Between: 1.M NAGARAJU, S/0. M.AKKULANNA, AGED 38 YEARS, OCC AGRICULTURE, RESIDING AT H.NO.2-25, MADIGUBBA, BOYA COLONY, MADIGUBBA, ATMAKUR MANDAL ANANTAPURAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT. 3.THE TAHSILDAR, ATMAKURU MANDAL, DISTRICT. ANANTAPURAM 4.THE MANDAL SURVEYOR, ATMAKURU MANDAL ANANTAPURAM DISTRICT. 5.THE VILLAGE SURVEYOR, , MADIGUBBA VILLAGE, ATMAKURU MANDAL, ANANTAPURAM DISTRICT. ...RESPONDENT{S): 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 pfeased to issue an appropriate Writ, Order or Direction more particularly one SRS,J W.P.No.18925 of 2025 in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 5 in not conducting proper survey to fix the boundaries in respect to the land admeasuring Ac.0.71 cents in Survey No.298-3-1 situated at Madigubba Village, Atmakur Mandal, Anantapuramu District in pursuance of the petitioner's online F-Line Application dated 22.02.2025, as illegal, arbitrary and against their obligatory duties and consequently direct the respondent Nos.3 to 5 to conduct survey and to fix the boundaries in respect to the land admeasuring Ac.0.71 cents in Survey No.298-3-1 situated at Madigubba Revenue Village, Atmakur Mandal, Anantapuramu District by considering his online application dated 22.02.2025 vide transaction ID No. TAFSNV012500662479, and to pass 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 Fligh Court may be pleased to direct the respondent Nos.3 to 5 to fix the boundaries by conducting proper survey in respect to the land admeasuring Ac.0.71 cents in Survey No.298-3- 1 situated at Madigubba Revenue Village, Atmakur Mandal, Anantapuram District by considering the petitioner’s online application dated 22.02.2025 vide transaction ID No.TAFSNVOI2500662479, pending disposal of the above writ petition, and to pass Counsel for the Petitioner: 1.SESHADRI GOALLA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: :: ORDER :: Fieard Sri G. Seshadri, learned counsel for the petitioner, and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5. SRS.J W.P.No.18925 of 2025 The petitioner made an F-line application vide No.FSNV0125006624 79, dated 22.02.2025 (Ex.P1), to conduct a survey and fix boundaries in respect of land of an extent of Ac.0.71 cents in Sy.No.298-3-1 of Madigubba Village, Atmakur Mandal, Anantapuramu District. 2. Learned counsel for the petitioner would submit that no survey has been conducted by respondents 3 to 5 so far. 3. s Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, on instructions, would submit that in pursuance of the order of status quo granted in W.P.No. 10254 of 2025, the survey was not conducted. 4. In reply, learned counsel for the petitioner would submit that the property in W.P.No.10254 of 2025 is different from the property of the petitioner. 5. As seen from the material available on record, there is no dispute regarding the petitioner’s making an F-line application vide Ex.PI. As seen from the copy of the order in W.P.No.10254 of 2025, the property of the petitioner, i.e. Ac.0.71 cents in Sy.No.298-3-1 was not part of the writ petition. Since the petitioner made an F-line application, it is the duty of respondents 3 to 5, to issue notice to the petitioner as well as the neighbouring land owners, and conduct a survey and demarcate the boundaries, by following the procedure as mandated under the Andhra Pradesh Survey and Boundaries Act, 1923. In case of any impediment, respondent No.4 can issue an endorsement. Keeping the application pending, without informing the petitioner about any impediment, is illegal. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondents 3 to 5 to consider the F-line application made A. ’ by the petitioner, and conduct a survey and fix the boundaries, strictly by following the Act. In case of any impediment, respondent No.4 shall pass an 7. SRS J W.P.No.18925 of 2025 endorsement and communicate the same to the petitioner. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To. 1- The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretarial Buildings. Velagapudi, Amaravati. 2. The District Collector, Anantapuram, Anantapuram 3. The Tahsildar, Atmakuru Mandal, Anantapuram District. 4. The Mandal Surveyor, Atmakuru Mandal Guntur District. District. Anantapuram District. Village, 5. The Village Surveyor, Madigubba Anantapuram District. Atmakuru Mandal, 6. One CC to Sri Seshadri Goalla, Advocate 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies [OPUC] Pradesh [OUT] Cnr HIGH COURT DATED:24/07/2025 ^ANDW^ 5 21 AUG 2025 ^ Current section ^ ORDER WP NO. 18925 OF 2025 m 6»i DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS