't;\ • ^ ^ . ¥ ¥ ¥ ¥ APHC010427662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22389 OF 2025 Between: Sarsimth Meer Usman Ali, S/o. Late Syed Waris Ali, Aged 85 years, Occ: Retired Employee, R/o. Door No. 12-2-329/8/1, Saqiain Imperial Apartments Flat No. 101, Muradnagar, Mehdipatnam, Alapathi Nagar, Asifnagar, Hyderabad, Telangana State - 500028. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Urban Development Department, Municipal Administration and Secretariat, Velagapudi, Amaravati, Guntur District. 2. Srikakulam Municipal Corporation, Rep. by its Commissioner Srikakulam Town, Srikakulam District. 3. Town Surveyor, Srikakulam Municipal Corporation, Srikakulam Town, 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not conducting survey and fix the boundaries of petitioner's land admeasuring Ac. 1.26 cents covered by Old Survey No 21 (T.S.No.1952) situated at Gonti .. street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and to mutate petitioner and his family member's name in municipal above said land by considering his representation 28.12.2024 illegal, arbitrary, violative of principles of natural justice of A.P. Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents petitioner's representation dt. 28.12.2024 and conduct boundaries of his land admeasuring 1.26 cents records for the dt. violative consider the survey and fix the covered by Old Survey No 21 (T.S.No.1952) situated at Gonti Street, Srikakulam City, Srikakulam Corporation Limits, Srikakulam District and Municipal mutate his name in municipal records for the above said land. lA NO: 1 OF 2Q2fi 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 respondents 2 and 3 to consider the petitioner’s representation dt. 28.12.2024 and conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No; 21 (T.S.No.1952) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and mutate his name in municipal records for the above said, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY & URBAN The Court made the following order: -1- W.p. N0.22389 0F 2025 Date of order:01.09.2025 APHC010427662025 H\GH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22389/2025 [3457] Between; ...PETITIONER Sarsimth Meer Usman Ali AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ' i -2- W.P. No.22389 OF 2025 Date of order:01.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22389 OF 2025 ORDER: 1. This writ petition, under Article 226 of the Constitution of India, is filed seeking the 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 2 and 3 in not conducting survey and fix the boundaries of petitioner’s land admeasuring Ac. 1.26 cents covered by old Survey No.21 (T.S. No. 1952) situated at Gonti Street, Srikakular City, Srikakulam Municipal Corporation Limits, Srikakulam District, and to mutate petitioner and his family member’s name in municipal records for the above said land by considering his representation dated 28.12.2024, as illegal, arbitrary, violative of principles of natural justice, violative of A.P. Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to consider the petitioner’s representation 28.12.2024 and conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No; 21 (T.S.No.1952) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and mutate his name in municipal records for the above said land.” dt. 2. Heard the submissions of the learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development Department representing respondent No.1 and learned Standing Counsel representing respondent Nos.2 and 3. -3- W.P. N0.22389 0F 2025 Date of ordenOl.09.2025 3. The case of the petitioner, in brief, is as follows; i- The petitioner and his family members are the absolute owners and possessors of the land in an extent of Ac. 1.26 cents covered by Old Survey No.21 (T.S.No.1952) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits. Originally, the petitioner's father by name Syed Waris Ali and his brothers were granted ryotwari patta for the total extent of land in Sy.No.21, admeasuring Ac.9.68 cents, on 30.11.1960 by the then Inam Abolition Deputy Tahsildar, Srikakulam Mandal, and since then, the petitioner and his family members had been in possession of the said land and their names were also mutated in manual revenue records. Out of the said total extent of land an extent of i.e., the of the Ac. 1.26 cents in Survey No.21 (T.S. No. 1952), subject land, fell to the share of the father petitioner. After the death of the father of the petitioner on 21.09.1984, the petitioner and his family members succeeded to the subject land and they have been enjoying the same till today without any interruption whatsoever at any point of time. II. As the other family members of the petitioner are staying at different places, they executed an unregistered General Power of Attorney on 02.04.2019 in favour of the petitioner to act on their behalf for all transactions with respect to the subject land, iii. While that being in the month of December, 2024, when the petitioner visited the subject land, he so. could not identify the boundaries of the land due to the overgrown -4- W.P. NO.22389 OF 2025 Date of order;01.09.2025 r bushes. Thereupon, the petitioner visited the office of the 2nd respondent- Srikakulam Municipal Corporation on verification of the records, did not find his father's in the municipal records. When the approached the 3rd respondent- Town Surveyor, he advised to submit an application and pay requisite fee for conducting and fixing boundaries, iv. Thereupon, the petitioner and his brother requisite fee and submitted 28.12.2024 to the respondent Nos.2 and 3 to and name petitioner was a survey paid the a representation dated conduct survey and fix boundaries of the subject land and then effect mutation of their in the municipal records. However, as no action has been taken thereon names the petitioner filed the present writ petition. 4. The petitioner has also filed 28.12.2024 issued by the Corporation fee for conducting the survey has been paid. 5. During the course of hearing, Mr. M. Krishna Standing Counsel representing respondent Nos.2 oral instructions, has stated that the authorities a copy of the receipt dated to show that requisite Rao, learned and 3, on will conduct survey and fix boundaries of the subject land 6. In view of the pending, this Court deems it same, instead of keeping this writ petition appropriate to dispose of the same at the admission stage, by directing the respondent Nos.2 and 3 to conduct survey and fix boundaries of the -5- W.P. No.22389 OF 2025 Date of order:01.09.2025 subject land in accordance with due procedure, by issuing prior notice to the petitioner as well as the neighbouring ovyners. and copy of the survey report to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the request of the petitioner for in the municipal records shall be accordance with law. serve a mutation of names considered in 7. With the above directions, the Writ Petition is disposed of. No order as to costs. 8. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIO FFICER To, T The Principal Secretary, Development Department Municipal Administration State of Andhra Pradesh, District. Srikakulam Municipal Corporation, and Urban Secretariat, Velagapudi, Amaravati, Guntur 2. The Commissioner Srikakulam Town, Srikakulam District. 3. Town Surveyor, Srikakulam Srikakulam District. Municipal Corporation Srikakulam Town, 4- OneCCto Sri Srinivas Ambati. 5- Two CCS to GP for Municipal of Andhra Pradesh [OUT] 6. OneCCtoSriM. 7. Two CD Copies Advocate [OPUCJ Admn & Urban Development High Court Krishna Rao, SC for Municipality (OPUC) Cnr wmi HIGH COURT DATED:01/09/2025 s{ 12 SEP 2025 s?=-V r N^r'jWi'TMt Sectioftx^* '^'■■^SgjisvjSS^ ORDER WP NO. 22389 OF 2025 o iI im* DISPOSING OF THE W.P. WITHOUT COSTS