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2025 DAILYLAW 7167 (AP)

SANGANA SREENIVASULU v. The State of Andhra Pradesh

WP/3920/2025 · 2025-04-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010069622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3920/2025 Between: Sangana Sreenivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3920/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “...to issue writ order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in rejecting the application of the petitioner for sub-division in respect of the lands in Sy.No.19/3P3 to an extent of Ac.1-50 cents and Sy.No. 19/3P3 to an extent of Ac.1-30 cents situated at Gaddamayapalle Village, S.Mydukur Mandal, Y.S.R Kadapa District as highly illegal, arbitrary, unconstitutional and apart from violating of Articles 14, 16, 21 and 300-A of the Constitution of India and consequently direct the respondent No.4 to make sub-division for the lands in Sy.No.19/3P3 to an extent of Ac.1-50 cents and Sy.No.19/3P3 to an extent of Ac.1-30 cents situated at Gaddamayapalle Village, S.Mydukur Mandal, Y.S.R Kadapa District as per registered sale deeds vide document Nos. 3044/2018 dt 24.12.2018 and 3072/2018 dt 29.12.2018 and to pass...” 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 petitioner purchased the land admeasuring to an extent of Ac.1.50 cents in Sy.No.19/3P3, and Ac.1-30 cents situated at Gaddamayapalle Village, S.Mydukur Mandal, Y.S.R Kadapa District, through registered sale deeds vide Document No.3044/2018, dated 24.12.2018 and Document No.3072/2018, dated 29.12.2018. 4. Learned counsel for the petitioner further submits that after identifying the petitioner’s possession and enjoyment of the subject lands, the revenue authorities has mutated the petitioner’s name in the revenue records and also issued pattadar passbook-cum-title deed in favour of the petitioner vide Khata 3 No.306. Later, the petitioner dug a bore well in the subject lands and obtained electricity connection vide Service No.2611409000053. Learned counsel further submits that the vendor of the petitioner’s grandfather namely Sri Jayarami Reddy and his brother Sri Sidda Reddy, purchased jointly the land admeasuring to an extent of Ac.5-20 cents in Sy.No.19/3, situated at Gaddamayapalli village, S.Mydukur Mandal. 5. Learned counsel submits that petitioner made the F-line application dated 30.09.2024, to the 4th respondent, seeking to conduct survey and fix the boundaries for the subject lands, as per the petitioner’s sale deeds. However, the 4th respondent has not conducted the survey, due to that the subject lands consisting in Sy.No.19/3 have no sub-divisions. Consequently, the petitioner made an application on 26.11.2024 to the 4th respondent, through online, for sub-division of the subject lands. Further, the same was not considered by the 4th respondent, hence, the present Writ Petition. 6. Learned Government Pleader for Revenue appearing the respondents furnished written instructions dated 07.03.2025 issued by the 4th respondent, wherein it is stated as follows: “Moreover, it is submitted that, the inquiry revealed that family disputes between the petitioner and the adjacent ryots since from past five+ years. It is informed that there is no F-line petition preferred by Writ Petitioner, but on behalf on petitioner a person named Kum.M.Haritha filed F-Line petition and the same has been issued endorsement/letter and the patta sub- division preferred by the petitioner is repudiated and endorsed a petitioner by following due procedure as after out come of orders in the above said official suit pending at Civil Court to resolve issued of title and 4 possession rights. Until such a resolution is reached, this Office will not intervene in the matter, in compliance with the provisions of the A.P.Rights in Land and Pattadar Passbooks Act, 1971.” 7. In view of the submission of learned Government Pleader for Revenue appearing for the respondents, 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 Hon’ble Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Hon’ble Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. Therefore, the present Writ Petition is disposed of, directing the respondents to consider the F-line application of the petitioner dated 26.11.2024 for sub-division of Sy.No.19/3 as per the Survey and Boundaries Act, 1923, and pass appropriate orders in accordance with law after providing an opportunity of hearing to the parties concerned, including petitioner and other stake holders, if any, within a period of two (02) months from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel miscellaneous applications, if any, pending, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.04.2025 LLSSPP 1 2019 (8) SCALE 544 5 19 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3920 of 2025 07.04.2025 LLSSPP