IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3644 OF 2025 Between: Sarsimith Meer Usman Ali, S/o Late Syed Waris Ali Aged. 85 years, Occ. Retired Employee, R/o Door No. 12-2-329/8/1, Saqiain Imperial Apartments Flat No. 101, Muradnagar, Mehdipatnam, Alapathi Nagar, Asifnagar, Hyderabad, Telangana State - 500028. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary to Government, Municipal Administration and Department, Secretariat, Amaravati, Guntur District. 2. Srikakulam Municipal Corporation, Rep. by its Commissioner, Srikakulam Town, Srikakulam District. 3. Town Surveyor, Srikakulam Municipal Corporation, Srikakulam Town; Srikakulam District. Urban Development ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the one respondents 2 and 3 in not considering the petitioner's representation submitted to conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No. 21 (T.S.No.1953) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and to mutate petitioner's name in municipal records for the above said land, as illegal, arbitrary, violative of principles of natural justice, violative of A.P. Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to consider the petitioner's representation dt. 28.12.2024 and conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No. 21 (T.S.No.1953) situated at Gonti Street, Srikakulam City Srikakulam Municipal Corporation Limits, Srikakulam District and mutate his name in municipal records for the above said land. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to consider the petitioner’s representation dt. 28.12.2024 and conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No: 21 (T.S.No.1953) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and mutate his name in municipal records for the above said, pending disposal of the petition. main writ Counsel for the Petitioner: SRI SRINIVAS AMBATI / Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI M KRISHNA RAO (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER X. '■ APHC010064872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No.3644 of 2025 Between: Sarsimth Meer Usman All ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN. & URBAN DEV. 2. M. KRISHNA RAO The Court made the following: 2 VS,J W.P.No.3644of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed 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 respondents 2 and 3 in not considering the petitioner’s representation submitted to conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Old Survey No: 21 (T.S.No.1953) situated at Gonti Street, Srikakuiam City, Srikakulam Municipal Corporation Limits, Srikakulam District and to mutate petitioner’s name in municipal records for the above said land, as illegal, arbitrary, violative of principles of natural justice, violative of A.P. Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to consider the petitioner’s representation dt. 28.12.2024 and conduct survey and fix the boundaries of his land admeasuring 1.26 cents covered by Cld Survey No: 21 (T.S.No. 1953) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits, Srikakulam District and mutate his name in municipal records for the above said land. ” Heard learned counsel for the petitioner, learned Government 2. Pleader for Municipal Administration & Urban Development Department representing respondent No.1 and learned Standing Counsel representing respondent Nos.2 and 3. The case of the petitioner, in brief, is as follows: (i) The petitioner and his family members are the absolute owners and possessors of the land in an extent of Ac. 1.26 cents covered by Old Survey No.21 (T.S.No.1953) situated at Gonti Street, Srikakulam City, Srikakulam Municipal Corporation Limits. Originally, the petitioner’s father by name Syed Waris Ali and his brothers were granted ryotwari patta for the total extent of land in Sy.No.21, 3. 3 VS,J ¥ W.P.No.3644 of 2025 admeasuring Ac.9.68 cents, on 30.11.1960 by the then Inam Abolition Deputy Tahsildar, Srikakulam Mandal, and since then, the petitioner’s father and his brothers had been in possession of the said land and their names were also mutated in manual revenue records. Out of the said total extent of land, an extent of Ac. 1.26 cents in Survey No.21(T.S. No. 1953), i.e., the subject land, fell to the share of the father of the petitioner. After the death of the father of the petitioner on 21.09.1984, the petitioner and his family members succeeded to the subject land and they have been enjoying the same till today without any interruption whatsoever at any point of time. (ii) As the other family members of the petitioner are staying at different places, they executed an unregistered General Power of Attorney on 02.04.2019 in favour of the petitioner to act on their behalf for all transactions with respect to the subject land. (iii) While that being so, in the month of December, 2024 when the petitioner visited the subject land, he could not identify the boundaries of the land due to the overgrown bushes. Thereupon, the petitioner visited the office of the 2^^ respondent- Srikakulam Municipal Corporation and on verification of the records, did not find his father's name in the municipal records. When the petitioner approached the 3^'^ respondent- Town Surveyor, he was advised to 4 VS,J W.P.No.3644 of 2025 submit an application and pay requisite fee for conducting a survey and fixing boundaries. (iv) Thereupon, the petitioner and his brother paid the requisite fee and submitted a representation dated 28.12.2024 to the respondent Nos.2 and 3 to conduct survey and fix boundaries of the subject land and then effect mutation of their names in the municipal records. However, as no action has been taken thereon, the petitioner filed the present writ petition. 4. The petitioner has also filed a copy of the receipt dated 28.12.2024 issued by the Corporation, to show that requisite fee for conducting the survey has been paid. 5. During the course of hearing, Mr. M. Krishna Rao, learned Standing Counsel representing respondent Nos.2 and 3, on oral instructions, has stated that the authorities will conduct survey and fix boundaries of the subject land. 6. In view of the same, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the same at the admission stage, by directing the respondent Nos.2 and 3 to conduct survey and fix boundaries of the subject land in accordance with due procedure, by issuing prior notice to the petitioner as well as the neighbouring owners, and serve a copy of the survey report to the petitioner, within a period of six weeks from the date of receipt of a 5 VS,J f W.P.No.3644 of 2025 copy of this order. Thereafter, the request of the petitioner for mutation of names in the municipal records shall be considered in accordance with law. 7. With the above directions, the Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- J. SAROJA REGI^AR ton officer //TRUE COPY// ASSISTANT SEi To, ^ Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Amaravati District. 2. The Commissioner, Srlkakulam Municipal Corporation, Srikakulam Town, Srikakulam District. # " 1. 3. The Tpwn Surveyor, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 4. One CC to Sri Srinivas Ambati, Advocate [OPUC] ^ [oT^U^^ Krishna Rao, SC for Municipal Corporations, Advocate Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies Guntur TF ’Ss HIGH COURT DATED: 17/02/2025 ORDER WP.No.3644 of 2025 U0H®9S ^ MKW'/'il) J] KUtlnMW !fe^Curfem5ie«tUKj^ A' DISPOSING OF THE W.P., WITHOUT COSTS