APHC010207762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI j (Special Original Jurisdiction) I MONDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10788 OF 2025 Between: Ramesh, S/o late V.R.Krishnappa, aged about 57 years, Occ; Agriculture R/o. Yalakallu Village, V.Kota Mandal, Chittoor District ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota Mandal, Chittoor District. 5. The Mandal Surveyor, V.Kota Mandal Chittoor 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 inaction on the part of the respondents No.4 and 5 in conducting survey and Sub-Division for the land an extant of an Ac. 2.25 Cents in Sy.No.37/A of Yalakallu Village fields, V.Kota Mandal, Chittoor District, as arbitrary, illegal and abdication of the statutory duty cast on them and voilative of fundamental rights guaranteed to petitioner under Articles 14 19 and ^ conse^uen., ..C .e .espon.en.s .o. 4 n.o Sub-Division for the land an extant of an Ac 2 2 Ce r I Yalakallu Village fields, V.Kota Mandal, Chittoor District" ' jA NO: 1 OF 9n9ti Petition under Section 151 in the affidavit filed i direct the 05-07-2024 CPC praying that in the circumstances stated in support of the petition, the High Court respondents No.4 to may be pleased to consider the F-Line Application registered as application No.DER012401507428 petitioner for conduct the dated submitted by and Sub-Division for the land an extant of an Ac. 2.25 Cents in Sy.No.37/A of Yalakallu Chittoor District, Village fields, V.Kota Mandal - on the same and and pass appropriate orders pending disposal of the writ petition. Counsel for the Petitioner: Counsel for the Respondent Nos. The Court made the following SRI B.V.DURGA PRASAD 1 to 5; GP FOR REVENUE order: 1 APHC010207762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10788/2025 THE Between; ...PETITIONER Ramesh AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.B.V.DURGA PRASAD Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following ORDERi The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief; 1. appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction the part of the respondents No. 4 and 5 in conducting survey and Sub-Division for the land an extant of an Ac.2.25 Cents in to issue an on ::2:: Sy. No. 37/A of Yalakallu Village fields, ' District, as arbitrary, illegal and abdication cast on them and voilative V Kota Mandal, Chittoor of the statutory duty of fundamental rights guaranteed to petitioner under Articles 14, India and 19 and 21 of the Constitution consequently direct the respondents No.4 conduct the survey and Sub-Division of and 5 to for the land an extant of in Sy.No.37/A of Yalakallu Village fields, V an Ac. 2.25 Cents i Kota Mandal, Chittoor District and pass other order 2. The learned counsel for the absolute owner and petitioner submits that the petitioner is the possessor of the subject land admeasuring to an extent of Ac. 2.25 cents in Sy. No. 37/A, situated in the fields of Yalakallu Village and having acquired the said V. Kota Mandal, Chittoor District property by way of succession as ancestral property. The petitioner has been iin peaceful possession and enjoyment of the same. The petitioner’s and pattadar passbooks name was mutated in as well as title deeds were also the revenue records issued in respect of the subject trying to create property. However, some third parties are a boundary dispute. For which the petitioner submitted F-line to the respondents’ authorities, i.e.. Respondent -division of the subject property and demarcation receipt of the petitioner's F-line application application dated 05.07.2024 Nos. 4 and 5, seeking for sub of its boundaries. Despite 05.07.2024, the dated considered the application survey in respect of the subject respondents’ authorities neither nor issued any proceedings for conducting the property. Hence, the present writ petition. 3 On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 4*^ respondent, wherein stated that as follows;- 3. “I submit that the land in Sy.No.37/A extent 4.50 cents classified as Govt. Dry as per A Register of Yalakallu village of V.Kota Mandal as per old adangal it is entered as settiement land in Sy. No.37/A extent 2.25 cents in the name of VR Krishnappa, who is the Father of the present Writ Petitioner (Ramesh S/o late VR Krishnappa). Further, the subject tend was acquired as ancestral property by the present writ petitioner's after His father death the writ petitioner, the iand in S.No.37/A extent 2.25 cents was mutated in favour of Ramesh S/0 late VR Krishnappa with khatha No.164, that the writ petitioner has appiied for Sub-Division in Sy.No.37/A extent 2.25 cents of Yalakallu village of V.Kota. Accordingly the Mandal Surveyor, V.Kota has issued notices to ail pattadars including the writ petitioner in Sy.No.37 vide Patta Sub-Division No.DEROI2401507428 dated; 05.07.2024, but the Remaining pattadars in Sy.No.37/B V.Rajappa s/o Hanumappa was not willing to do the Patta Sub-Division hence, the Mandal Surveyor, V.Kota has rejected the F-line petition”. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material available on record. It appears that the alleged rejection of F-Line application of the petitioner was neither served nor communicated orally nor informed for the reason that he 4. ::4:: f submitted another F-Line application on 05.07.2024. The written instructions speak about notices that were issued on 05.07.2024. As such, the present F- Line application neither considered nor rejected still it is pending for consideration. Hence, the petitioner does not have any opportunity to assail the same. Therefore, this court is of the considered view that, the present writ petition can be disposed of by directing the respondents’ authorities to consider the F-line application submitted by the petitioner dated 05.07.2024 seeking for subdivision of the subject land and demarcation of the boundaries and pass appropriate orders in accordance with the provisions of the Andhra Pradesh Survey and boundaries Act, 1923, after providing an opportunity of hearing to the petitioner and other stake holders if any within a period of two (02) months from the date of receipt of the copy of this order, in the meanwhile, status-quo obtaining as on today shall be maintained by both parties in respect of the subject property. With the above direction, the writ petition is disposed of. No costs. 5. Consequently, interlocutory applications 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 Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota Mandal, Chittoor District. 5. The Mandal Surveyor, V.Kota Mandal Chittoor District. 6. One CC to Sri B.V.Durga Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies ssb a HIGH COURT DATED;28/04/2025 ORDER WP No.10788 OF 2025 ^0 9JUL 2025 y. «o DISPOSING OF THE W.P. WITHOUT COSTS