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2025 DAILYLAW 44978 (AP)

G M BASHA v. THE STATE OF AP

WP/36521/2025 · 2025-12-30

D Ramesh

body2025

Judgment text

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APHC010712392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36521/2025 Between: 1. G M BASHA, SON OF ABDUL JALEEL, AGED ABOUT 71 YEARS, R/O. DOOR NO,9-109, AYYAPPA COLONY, GOOTY RS AND MANDAL, ANANTHAPURAMU DISTRICT 515401 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT 515001 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DIVISION, ANANTHAPURAMU DISTRICT 515001 4. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, COLLECTORS OFFICE COMPOUND, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT 515001 5. THE DEPUTY DIRECTOR SURVEY AND LAND RECORDS, COLLECTORS OFFICE COMPOUND, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT 515001 6. THE DEPUTY INSPECTOR OF SURVEY AND RECORDS TF COLLECTORS OFFICE COMPOUND, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT 515001 7. THE TAHSILDAR, ANANTHAPURMAU MANDAL, ANANTHAPURMU DISTRICT 515001 2 ...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 pleased to pleased to issue, a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent herein in issuing the impugned Endorsement vide Rc.A2/334/2025 dated 22.12.2025 by rejecting petitioners application dated 05.11.2025 instead sending it to the competent 7th respondent for conducting survey is nothing but abuse, arbitrary, illegal, without any jurisdiction and contrary to the settled law as settled by the two Division Benches of this Honble Court in WA.No.819 of 2024 dated 09.05.2025 and in WA.No.No.1168 of 2025 dated 13.11.2025 respectively and consequently set aside the impugned Endorsement vide Rc.A2/334/2025 dated 22.12.2025 and further direct the 7th respondent herein to conduct survey and demarcation of the petitioners property to an extent of Ac. 1.00 cents out of Ac.5.34 cents in Sy.No.71/1 of Ananthapuram under Clause 20 of BSO 34-A (Board Standing Orders) on the application of the petitioners dated 05.11.2025 pending mth the 7th respondent in the light of law as laid down by the two Honble Division Benches as stated supra and to pass IA 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 pleased pleased to direct the respondent to consider the petitioners pending application dated 05.11.2025 by the competent 7th respondent herein to conduct survey and demarcation of the property to an extent of Ac. 1.00 cents out of Ac.5.34 cents in Sy.No.71/1 of Ananthapuram in accordance with Clause 20 of BSO 34-A (Board Standing Orders) as law laid down by the Honble High Court Division Bench in WA.No.819 of 2024 dated 09.05.2025 and in WA.No.No.l 168 of 2025 dated 13.11.2025 respectively, pending disposal of the above said writ petition and to pass such Counsel for the Petitioner: 1. V SURENDRA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.36521 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India 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 5th respondent herein in issuing the impugned Endorsement vide Rc.A2/334/2025 dated 22.12.2025 by rejecting petitioner’s application dated 05.11.2025 instead sending it to the competent 7th respondent for conducting survey is nothing but abuse, arbitrary, illegal, without any jurisdiction and contrary to the settled law as settled by the two Division Benches of this Hon’ble Court in WA.No.819 of 2024 dated 09.05.2025 and in WA.No.No.1168 of 2025 dated 13.11.2025 respectively and consequently set aside the impugned Endorsement vide Rc.A2/334/2025 dated 22.12.2025 and further direct the 7th respondent herein to conduct survey and demarcation of the petitioner’s property to an extent of Ac.1.00 cents out of Ac.5.34 cents in Sy.No.71/1 of Ananthapuram under Clause 20 of BSO 34-A (Board Standing Orders) on the application of the petitioners dated 05.11.2025 pending with the 7th respondent in the light of law as laid down by the two Hon’ble Division Benches as stated supra and to pass such other order or orders…” 2. The brief grievance of the petitioner is that the petitioner submitted an application dated 05.11.2025, before the 6th respondent, seeking demarcation of petitioner’s property, though the competent authority to consider the same is the 7th respondent. However, the Office of 6th respondent rejected the said application by way of impugned endorsement dated 22.12.2025. Aggrieved thereby, the petitioner has filed present Writ Petition seeking a direction to 7th 4 respondent to consider and pass appropriate orders on petitioner’s application dated 05.11.2025. 3. Heard Sri V.Surendra Reddy, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents. 4. Learned counsel for petitioner submits that the petitioner has submitted an application to the wrong authority i.e., instead of approaching the 7th respondent, he approached the office of 6th respondent. Learned counsel further requests this Court to grant liberty to the petitioner to file a fresh application under Clause 34A of the Board Standing Orders. 5. Learned Assistant Government Pleader for Revenue does not refute the said submissions. 6. In view of the said submissions, the present Writ Petition is disposed of setting aside the impugned endorsement dated 22.12.2025 and permitting the petitioner to approach the 7th respondent by filing a fresh application under Clause 34A of the Board Standing Orders. Upon such application being filed, the competent authority is directed to consider the same and pass appropriate orders, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Date: 31.12.2025 KBN 5 107 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.36521 of 2025 Date: 31.12.2025 KBN