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2025 DAILYLAW 43580 (AP)

B SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/9335/2025 · 2025-04-08

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IT V' i \ IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9335 OF 2025 Between; B. Srinivasulu, S/o. Band! Datiah, Aged about 56 years, R/o. 12-516, Karuvaba Vidhi, Dharmavaram Mandal, Anantapur District, Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Sri Satya Sai District, Sri Satya Sai. 3. The Mandal Revenue Officer (MRO), Dharmavaram, Sri Satya Sai District. 4. The Mandal Surveyor, Dharmavaram, Sri Satya Sai District. ...RESPONDENTS Petition under Article 22^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 inaction of the respondents in conducting survey and fix the boundaries to the petitioner land/site in SY No. 599 to an extent of Ac. 0.70 Cents of Kunuthuru Village, Dharmavaram Mandal, Sri Satya Sai District pursuant to the application made by the petitioner and failure to accept the petitioner application through online due to technical reasons as illegal, arbitrary and discriminative and the same amounts to dereliction of the duties and consequently direct the respondents to conduct survey and fix the boundaries to the land/site existed in SY No. 599 to an extent of Ac. 0.70 Cents of Kunuthuru Village, Dharmavaram Mandal, Sri Satya Sai 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 may be pleased to direct the respondents to conduct survey and fix the boundaries to the land/site existed in SY No. 599 to an extent of Ac. 0.70 Cents of Kunuthuru Village, Dharmavaram Mandal, Sri Satya Sai District. Counsel for the Petitioner: SRI GAJJALA MALLIKARJUNA REDDY^ Counsel for the Respondent Nos.1 to 4; GP FOR REVENUE ^ The Court made the following: ORDER jr APHC010183812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] X 0? WEDNESDAY .THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9335/2025 Between: ...PETITIONER B Srinivasulu AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in conducting survey and fix the boundaries to the petitioner land/site in SY.No.599 to an extent of Ac.0.70 Cents of Kunuthuru Village, Dharmavaram Mandal, Sri Satya Sai District pursuant to the application made by the petitioner and failure to accept the petitioner application through online due to technical reasons as illegal arbitrary and discriminative and the same amounts to dereliction of the duties and consequently direct the respondents to conduct survey and fix the boundaries to the land/site existed in SY.No.599 to an extent of Ac.0.70 Cents of Kunuthuru Village, Dharmavaram Mandal Sri Satya Sai District and pass such other order or orders...” Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 2. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac. 0.70 cents in Sy. No.599 of Kunuthuru village, Dharmavaram Mandal, Satya Sai District and having acquired the subejct property through a registered sale deed dated 19.06.1984 rightful vendor. While so, the adjacent landowners, who purchased land abutting the petitioner’s property, are trying to encroach the petitioner’s land. In this regard, the petitioner made representations to the 3rd and 4th respondents on 10.03.2025 and 04.04.2025, requesting them to conduct a survey and fix the boundaries of the petitioner’s land. However, even after receipt of the representation/application of the petitioner, the respondents’ authorities neither considered the representations nor issued any proceedings concerning the subject property. Hence, the present writ petition. 3. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, furnished written instructions dated 09.04.2025 wherein it is stated that:- “The representation dated 10.03.2025 said to have given by the applicant in not true. It is signed by SmtSavitramma Wo. B.Sreenivasulu. the applications bears no prescribed fees of Rs.550/- and with supportive documents. Moreover, no acknowledgment is filed in support of her claim. In fact, she is not a original patadar to claim because the registration documents are stands in the name of B.Sreenivasulu. This representation is not received in this office and created for the purpose writ. The 2"^ representation said to have sent on 04.04.2025 through registered post is also not received in this office upto 07.04.2025 as 5^^ and 6*^ April 2025 happened public holidays. This application also the writ are bears no payment of challan, fees, etc. petitioner without giving times as prescribed under and boundaries act and even for preparation of notices filed writ in this aspect. The petitioner is at liberty to approach by remitting fees and supportive documents for F.line which will be decided on merits of survey the case”. It is clearly stated that the alleged representations said to have been submitted by the petitioner do not contain any acknowledgments or proof of delivery to the respondents herein. The learned Assistant Government Pleader submits that, for conducting a survey and demarcation, the petitioner submit F-line application through the online portal by paying the claim will be addressed in 5. has to prescribed fee. Only then, the petitioners accordance with law. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present Writ Petition submit an F-line application through can be disposed of, by directing the petitioner to the online system, along with a proper representation bearing with acknowledgment or proof of submission, and by ■ 3 and 4 within paying the requisite fee to respondent Nos weeks from the date of a period of three (3) Upon such submission receipt of a copy of this order, are directed to consider respondent Nos. 3 and 4 the same and pass ’s land, if the a period of three (3) months appropriate orders for petitioner is legally entitled to thereafter. conducting a survey of the petitioner the same, within 7. With the above said direction, shall be no order as to costs. the Writ Petition is disposed of. There Consequently, Miscellaneous petition shall stand closed. Petitions, if any, pending in the writ Sd/- M.RAA/IESH BABU deputy registrar r §6 //TRUE COPY// SECTION OFFICE To, 1. The Principal Secretary, Revenue, State of Andhra Pradesh Buildings Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Sri Satya Sai District, Sri Satya Sai. ^ 3. The Mandal Revenue Officer (MRO), Dharmavaram, Sri Satya S^i District. 4. The Mandal Surveyor, Dharmavaram, Sri Satya Sai District. 5. One CC to Sri Gajjala Mallikarjuna Reddy, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Three CD Copies. Secretariat [OUT] ssb 7 HIGH COURT DATED:09/04/2025 ORDER WP.No.9335 of 2025 c 1 <1 MAY 2025 ^ , Current section ^ DISPOSING OF THE W.P. WITHOUT COSTS