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2025 DAILYLAW 50360 (AP)

GUDURI RAVI KUMAR v. THE STATE OF ANDHRA PRADESH

WP/10700/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10700 OF 202*; AMARAVATI Between: Guduri Ravi Kumar. S/o. late Guduri Salman - Business, R/o. Door No. 54-1-45 Ongole, Prakasam District Raju, Aged about 47 years, Occ; Near Church of Christ, 5th line, Cloughpet, ...PETITIONER AND >. The State of Andhra Pradesh, r, _ '■^P by its Principal Secretary, Revenue Department, A.P Secretariat, At Velagapudi, Amaravati, Guntur District. /2. The District Collector, Prakasam District, Andhra 3. The Revenue Divisional Officer, Ongole, Prakasam Dist. 4. The Tahsildar, Ongole Mandal, Prakasam District. Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ of Mandamus orders. Direction the High Court may be or any other appropriate Writ Order or or Direction more particularly one in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the 4th respondent in not conducting F-line Survey in respect of land in survey No. 15/2D an extent of Ac.3.64 cents of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, though petitioner made payment dated 04.07.2024 and further made Mee-seva online application to the 4th respondent vide Receipt No,TADER012401507067 dated 04,07.2024 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to conduct survey in respect of above said land. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the 4th respondent to conduct may be pleased to survey in respect of land in survey No. 15/2D an extent of Ac.3.64 cents of Mukthinuthaiapadu Viiiage, Ongoie Mandai, Prakasam District, pending the above writ petition. Counsel for the Petitioner: SRI VENKATESWARLU GADA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010209172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S!¥iS [3329] ^1^ ■JWir:; THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10700/2025 Between: Guduri Ravi Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKATESWARLU GADA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: c 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10700/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not conducting F-line Survey in respect of land in survey No.15/2D an extent of Ac. 3.64 cents of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, though petitioner made payment dated 04.07.2024 and further made Mee-seva online application to the 4 respondent vide Receipt N0.TADEROI2401507067 dated 04.07.2024 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to conduct survey in respect of above said land and pass such other order. ” th 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the father of the petitioner was assigned the land admeasuring to an extent of Ac.3.64 cents in Sy.No.15/2D of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District vide D-Form Patta dated 19.10.1994. After the death of the petitioner’s father, the petitioner being the legal heir succeeded the subject property and he has been in possession and enjoyment of the subject property. While so, the petitioner filed F-line application seeking to conduct survey and demarcate the property as per the boundaries mentioned in D-Form Patta dated 29.10.1994. Even though, the F-line application was submitted on 3 04.07.2024, the respondents neither considered nor passed any orders rejecting the claim of the petitioner. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents furnished the written instructions issued by the 4*^ respondent dated 26.04.2025, where in it is stated as follows: “It is respectfully submit that as per RSR of Muthinuthalapadu, the Sy.No.15 full extent is Ac.21.80 cents and classified as Kunta poramboke and as per F.M.B, there are three sub-divisions were made in the yeari.e., 10.06.1983 as follows: Sub-division No. 15/1 - Ac. 5.10 cents Sub-division No. 15/2A - Ac. 4.40 cents Sub-division No.15/2B - Ac. 12.30 cents It is submitted that there is no sub-division No.15/2D in the F.M.B of Mukthinuthalapadu Village. As could be seen from the copy of D.K. Patta produced by the writ petitioner, the D.K. Patta said to have been issued in the year 1994, but there is a ban orders for grant of assignment since 1983 on all vagu, kunta and tankbed lands and the land is not under possession and enjoyment of the petitioner and others are cultivating the land. As per village records of Mukthinuthalapadu Village, the name of the writ petitioner or his father’s name was not recorded. Hence, the survey of the land which was claimed by the writ petitioner does not arise as there is no sub-division No. 15/ID as per F.M.B of Mukthinuthalapadu Village.” 4 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions submitted by the learned Government Pleader for the respondents, it is observed that except the patta said to have been granted in favour of the father of the petitioner, no document was filed by the petitioner to substantiate that the subject property is in possession of the petitioner or his father. As per the written instructions submitted by the learned Government Pleader it appears that the DKT patta and subdivision of particulars survey number which was said to have been assigned to the petitioner’s father was not available as per the village revenue record and particularly in which consisting of survey Nos. 15/1, 15/2A and 15/2B, but the patta consisting of survey N0.15/2D. 6. In view of the reasons stated above, the Writ Petition is th respondent to consider the F-line disposed of directing the 4 application submitted by the petitioner and pass appropriate orders in accordance with law, within a period of two(2) months from the date of receipt of copy of this Order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, A.P Secretariat Velagapudi, Amaravati, Guntur District. etanai, 2. The District Collector, Prakasam District, Andhra Pradesh. At 3. The Revenue Divisional Officer, Ongole, Prakasam Dist. 4. The Tahsildar, Ongole Mandal, Prakasam District. 5. One CC to Sri Venkateswarlu Gada Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Three CD Copies [OUT] TF j* HIGH COURT DATED:01/05/2025 ORDER WP.No.10700 of 2025 t 2 0 JUN 2025 ^ ★ m DISPOSING OF THE W.P. WITHOUT COSTS