APHC010318232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 16154/2024 Between: 1. KAKARLAPUDI NEELIMA RAJU,, D/O K. VENATA SUBBA RAJU, AGED ABOUT 45 YRS, OCC- PRIVATE EMPLOYEE, R/O. 69 - IDLE WILD RD, EDISM, NJ - 08817, USA, REP. BY HER GPA HOLDER, KAKARLAPUDI ANNAPURNA, W/O K. VENKATA SUBBA RAJU, AGED ABOUT 70 YRS, OCC- HOUSE-HOLD, R/O D. NO. 47-9-43/6, FLAT NO. G-1, SURYAKAMALA ARCADE, 3RD LINE, DWARAKANAGAR, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM REVENUE DIVISION AT BHEEMUNIPATNAM. 4. THE TAHSILDAR, BHEEMUNIPATNAM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. ...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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2 Respondent No.4 in not conducting proper survey in land admeasuring 398 Sq. yds. in Survey No. 1-4, situated at Kummaripalem Valanda Bhoomulu Village (K.V. Bhoomulu Village), Bheemunipatnam Mandal, Visakhapatnam District on the Petitioners F-Line Application dated 15/06/2024 vide Application No. FSNV012400431335 and Rejecting the request for Survey on the same day through Rejection orders dated 15/06/2024 vide RC No. Fl/193536/2024 as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14,19(1)(g) and 300-A of the Constitution of India and consequently direct the Respondent No.4 to immediately conduct survey as per F-Line Application (new version) on 15/06/2024 vide Application No.FSNV012400431335 in land admeasuring 398 Sq. yds. in Survey No. 1-4, situated at Kummaripalem Valanda Bhoomulu Village (K.V. Bhoomulu Village), Bheemunipatnam Mandal, Visakhapatnam District, and pass IA NO: 1 OF 2024 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 may be pleased to direct the Respondent No.4 to conduct survey of the Petitioner’s land admeasuring 398 sq. yards, in Survey No.1/4, Patta No.74 situated at Kummaripalem Valanda Bhoomulu Village (K.V. Bhoomulu Village), Bheemunipatnam Mandal, Visakhapatnam District, based on the Petitioner’s F- Line Application (new version), dated 15/06/2024, vide Application No. FSNV012400431335 and pass s 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 to grant leave to file the reply to the counter filed by the 4th Respondent in WP no. 16154 of 2024 and pass Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition was filed questioning the action of the 4th respondent in not conducting proper survey in the land admeasuring 398 Sq. yards in Sy.No.1-4, situated at Kummaripalem Valanda Bhoomulu Village (K.V. Bhoomulu Village), Bheemunipatnam Mandal, Visakhapatnam District, on the petitioner’s F-Line Application vide No.FSNV012400431335, dated 15.06.2024 and rejecting the request for survey on the same day through rejection orders vide R.C.No.FL/193536/2024, dated 15.06.2024. 3. On the other hand, the learned Assistant Government Pleader, relying upon the counter affidavit of the 4th respondent, submits that in pursuance of the F-Line application vide No.FSNV012400431335, dated 27.05.2024 made by the petitioner, the impugned decision was communicated by the Deputy Tahsildar vide R.C.No.FL/193536/2024, dated 15.06.2024 as per the Circular of the Chief Commissioner of Land Administration, Andhra Pradesh, Gollapudi, communicated at para IX (III) vide Circular No.REV05- 19022/7/2022-I-SEC, dated 21.04.2022. If the petitioner is aggrieved by the decision of the Deputy Tahsildar, Bheemunipatnam vide Rc.No.FL/193536/2024, dated 15.06.2024 on her F-Line application, the petitioner is having an alternative remedy of filing an appeal before the Revenue Divisional Officer concerned for demarcation by the Deputy 4 Inspector of Survey of the Revenue Division as per the provisions laid down in the above said circular of the Chief Commissioner of Land Administration, Andhra Pradesh, Gollapudi, dated 21.04.2022. 4. In view of the above said facts and circumstances, as the impugned decision of the Deputy Tahsildar dated 15.06.2024 does not contain any reasons and conducting of survey by giving due opportunity to all the parties concerned, the same is set aside herewith, for conducting fresh enquiry and for the purpose of conducting survey of the subject land admeasuring 398 Sq. yards in Sy.No.1-4, situated at Kummaripalem Valanda Bhoomulu Village (K.V. Bhoomulu Village), Bheemunipatnam Mandal, Visakhapatnam District, the petitioner is permitted to file a fresh online F-Line Application, enclosing all the necessary documents in support of her claim for the purpose of conducting the survey of the subject land within a period of two (02) weeks from the date of receipt of copy of this Order. On receipt of such F-Line application from the petitioner, the 4th respondent shall cause necessary conducting of survey by giving due opportunity to all the parties concerned, including the petitioner and others/ neighbours of the said land. Upon consideration of all the documents and the records concerned and upon surveying and basing upon the survey report of the subject land, appropriate decision shall be taken on its own merits and speaking orders shall be communicated to the petitioner, in accordance with law, as expeditiously as possible, preferably, within a period of two (02) months thereafter. 5 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 09.02.2026 SCH 6 458 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.16154 of 2024 Date: 09.02.2026 SCH