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2025 DAILYLAW 44624 (AP)

Konda Vijaya Krishna Phaneedra, v. The State of Andhra Pradesh,

WP/11219/2025 · 2025-04-29

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1> IN THE HIGH COURT OF ANDHRA PRADESH ;: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11219 OF 2025 Between: Konda Vijaya Krishna Phaneedra, S/o. Raja Rao, Aged 55 years, Male R/o. Nidadavolu, Nidadavolu Mandal, West Godavari District. ...Petitioner AND The State of Andhra Pradesh, Represented by its Principal Secretary to the Revenue Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 1. 2. The District Collector, West Godavari District, Bhimavaram. 3. The Tahsildar, Elamanchili Mandal, Elamanchili. The Mandal Surveyor, Elamanchili Mandal, Elamanchili, West Godavari District. 4. ...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 a direction, more particularly one in the I / IT nature of Writ of Mandamus declaring the action considering his application for conducting of the of the respondents in not survey over his land in an extent of Ac. 1.86 cents in Sy. No. 46/2, and in an extent of Ac. 1.18 cents in Sy.No.44/7 in total an extent of Ac. 3.04. cents, in Kaza Village Elamanchili Mandal, West Godavari District dated 13.10.2023 is iliegal, irregular, arbitrary and violation provisions of the Survey, Settlements and Land pursuant to the his application of the Records of Andhra offends Articles 14, 21 and consequently direct the respondents to conduct survey over the petitioner's land in an extent of Ac. 1.86 cents in Survey No. 46/2 and in an extent of Ac. 1.18 cents in Sy.No.44/7 in total extent of Ac.3.04 cents, in Kaza Village, Elamanchili Mandal, West Godavari District. Pradesh Act and Rules framed thereunder and also and 300-A of the Constitution of India lA NO: 1 OF 2()9R 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 respondent Nos.3 and 4 to complete the survey over the petitioners land Ac. 1.86 cents in Sy.No.46/2 and in an extent of Ac. 1.18 cents in Sy.No.44/7 in total an extent of Ac.3.04 cents, in Kaza Village, Elamanchili Mandal, West Godavari District in the interest of justice and pass such other order or orders as the Hon’ble Court deem fit and proper in the circumstances of the may case. Counsel for the Petitioner: SRI MANGENA SREE RAMA Counsel for the Respondents: GP FOR REVENUE The Court made the following: RAO high court of ANDHRA PRADESH AT ANIARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU NIMMAGADDA \A/P1T PFTITION NO: 11219/2025 APHC010194622025 IN THE [3329] SSfl0 I 7 THE HONOURABLE SRI Between; Konda Vijaya Krishna Phaneedra, ...PETITIONER AND ...RESP0NDENT{S) State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.MANGENA SREE RAMA RAO Counsel for the Respondent(S); 1.GP FOR REVENUE The 4. iS? 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 a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering his application for conducting of the survey over his land in an extent of Ac. 1.86 cents in Sy.No.46/2 in Kaza Village, Elamanchili Mandal, West Godavari District pursuant to the his application dated 13.10.2023 is illegal irregular arbitrary and violation of the provisions of the Survey Settlements and Land Records of Andhra Pradesh Act and Rules framed thereunder and also offends Articles 14 21 and 300A of the Constitution of India and consequently direct the respondents to conduct survey over the petitioners land in an extent of Ac. 1.86 cents in Survey No. 46/2 in Kaza Village, Elamanchili Mandal, West Godavari District in the interest of justice and to pass such other order or orders... ’’ Heard the learned counsel for the petitioner and the learned 2. Government Pleader for the respondents. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac. 1.86 cents in Sy. No. 46/2 of Kaza Village, Elamanchili Mandal, West Godavari District and having acquired the subject property from his vendors through a registered sale deed vide document dated 28.12.2022. Since then, the petitioner has been in possession and enjoyment of the subject property and issued Pattadar Passbooks and Title Deeds, and his 3. was also duly mutated in the revenue records. The petitioner submitted an F-line application dated 13.10.2023 to the respondent authorities, requesting for conducting survey of the subject property. However, even after receipt of the F-line application of the petitioner dated 13.10.2023, the respondent authorities neither considered nor issued any further proceedings. Hence, this writ petition. name 5 On the other hand, the learned Assistant Government Pleader for 4. Revenue, appearing on behalf of the respondents, submits that if the petitioner submits a fresh F-line application before the concerned authorities, the respondent authorities will consider the application and pass appropriate orders in accordance with law, within a reasonable time. Having regard to the submissions made by the learned counsel for the 5. petitioner and the learned Government Pleader for the respondents, and upon perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit a fresh F-line application seeking for conducting survey in respect of the subject property before respondent Nos. 3 and 4 within a period of three (03) weeks from the date of receipt of a copy of this order. Upon such submission, respondent Nos. 3 and 4 shall consider the same and pass appropriate orders or conduct survey under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, after providing an opportunity of hearing to the petitioner and all concerned parties, within months. a period of two (02) 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/-K TATA RAO DEPUTY REGISTRAR I //TRUE COPY// SE FICER To, 1. The Principal Secretary, State of Andhra Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram. 3. The Tahsildar, Elamanchili Mandal, Elamanchili. 4. The Mandal Surveyor, Elamanchili Mandal, Elamanchili, West Godavari District. 5. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies Pradesh, Revenue sree t HIGH COURT DATED;30/04/2025 ORDER WP.No.11219 of 2025 (I m to Co. DISPOSING OF THE W.P. WITHOUT COSTS