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2025 DAILYLAW 47574 (AP)

Hanumantharayappa, v. State of Andhra Pradesh,

WP/11914/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ..' PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11914 OF 9C)9Fi Between: Hanumantharayappa, S/o Dodda Ananthapur, Andhra Pradesh. Hanumantharayappa Vasahatti, ...PETITIONER AND 1. State of Andhra Pradesh rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Sri Satya Sai District. 3. The Revenue Divisional Officer, Penugonda, Sri Satya Sai District. 4. The Mandal Tahsildar, Amarapuram Mandal, Sri Satya Sai 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 be pleased to issue a writ, order or direction more particularly one nature of mandamus declaring the action of the 4th respondent in not challan considering the application vide no. 71465974362023, dated 04-01- 2024 for conducting the survey and fix boundaries in respect of the land being an extent of AC 0.45 cents in survey no. 270-2 situated at Hemavathi Village, Amrapuram Mandal, Sri Satya Sai District as illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and violation of AP Survey and boundaries Act., and consequently direct the 4th may in the respondent to conduct the survey and fix the boundaries in the subject lands. 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 4th respondent to conclude the survey and fix the boundaries in respect of the land being an extent of AC 0.45 cents in survey no. 270-2 situated at Hemavathi Village, Amrapuram Mandal, Sri Satya Sai District, pending disposal of the writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010220372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:*S [3329] r TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11914/2025 Between: ...PETITIONER Hanumantharayappa, AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P NARASIMHULU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11914/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4^^ respondent in not considering the application vide challan no. 71465974362023, dated 04.01.2024 for conducting the survey and fix boundaries in respect of the land being an extent of AC.0.45 cents in survey no.270-2 situated at Hemavathi Village, Amrapuram Mandal, Sri Satya Sai District as Illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and violation of Andhra Pradesh Survey and boundaries Act and consequently direct the 4' respondent to conduct the survey and fix the boundaries in the subject lands and pass such other order or orders.... 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the F-line application dated 04,01.2024 submitted by the petitioner seeking to conduct survey and fix the boundaries in respect of the land admeasuring to an extent Ac.0.45 cents in 3. Survey no.270-2 situated at Hemavathi Village, Amrapuram Mandal, Sri Satya Sai District. 4. Learned Government Pleader for Revenue readily agreed to dispose of the F-line application dated 04.01.2024 submitted by the petitioner as per the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, within a reasonable time. 5. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the F-line application dated 04.01.2024, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondents, more particularly, respondent No.4 to consider and dispose of the F-line application dated 04.01.2024 submitted by the petitioner as per the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, after providing opportunity of hearing to all the parties concerned, within a period of four (04) 2004 (I) see 769 months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// CTONCOFFICER 1. The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Guntur District. ’ 2. The District Collector, Sri Satya Sai District. 3. The Revenue Divisional Officer, Penugonda, Sri Satya Sai District. 4. The Mandal Tahsildar, Amarapuram Mandal, Sri Satya Sai District. " 5. One CC to Sri P Narasimhulu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies To, SE TF HIGH COURT DATED:06/05/2025 ORDER WP.No.11914 of 2025 SS: O, 3^ 0 7 OCT 2025 O , \ 5^ DISPOSING OF THE W.P., WITHOUT COSTS