Disposed

B. Sivaranjani v. The State of Andhra Pradesh

Andhra Pradesh HC15 Feb 2023WP/1687/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the 4th respondent's refusal to conduct a survey and subdivision of her land. The High Court directed the respondent to re-examine the application, conduct a physical survey, and finalize the exercise within three months.

What did the court decide?

Directed the 4th respondent to conduct a proper survey and take a decision within three months from the date of the order.

B. Sivaranjani Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION No.1687 of 2023

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B. Shivaranjani, D/o. B. Balaramaiah, Aged about 37 years, R/o. Pasupuletivari Palli (V), Yerravaripalem (M), Chittoor District, A.P.

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…. Petitioner

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Versus

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat Buildings, Velagapudi, Amaravati and 3 others.

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….Respondents

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ORDER:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

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The grievance of the Writ Petitioner is that the 4^th respondent issued the impugned endorsement dated 05.01.2023 for conducting survey and sought division of the petitioner’s land in an extent of Ac. 0.08 cents in Sy.No. 186/3B of Veparala village, Mylavaram Mandal, Y.S.R District.

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The learned Counsel for the petitioner submits that the petitioner purchased the subject land in an extent of Ac. 0.08

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cents out of Ac. 0.45 cents in Sy.No. 186 (now Sy.No. 186/3B) of Veparala Village, Mylavaram Mandal, Y.S.R District from her vendor through a Registered Sale Deed vide Document No. 3761 of 2006 dated 25.11.2006. Since then, she has been in possession and enjoyment of the same.

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Then she made an application to the 4^th respondent on 20.10.2022 to conduct the Survey for fixing the boundaries to the subject land. On 29.11.2022, she received first notice from the Village Surveyor to conduct the survey on 03.12.2022, but she could not appear. Then another notice was received from the Village Surveyor on 03.01.2023 fixing the date of schedule as 04.01.2023. The Petitioner’s representative appeared in the Survey along with authorisation letter from the petitioner. But on the date of Survey, in the presence of the petitioner’s representative and other neighbouring land owners, the Surveyor visited the land area and went away without conducting any Survey.

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But on the next day i.e., 15.01.2023, the 4^th respondent gave the impugned endorsement stating that the Survey cannot be conducted for the subject land of the petitioner as

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the Sy.No. 186/3 is covering a larger extent of Ac. 5.35 cents.

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But the details are as under:-

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Sy.No. 186/3 Ac. 5.35 cents

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Sy.No.186/3A	Ac.1.00		Thota Ramasubuulu, W/o. Suryanarayana
Sy.No.186/3B	Ac. 2.57 Ac.1.33		P. Anjaneyulu, S/o. P. Aswathu
	Ac.0.45	Ac.0.08	B. Sivaranjani
		Ac.0.37	K. Sitaramaiah & others

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As shown in the Table, the Sy.No. 186/3 is further sub

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divided into individual extents and the land owners’ names were noted.

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But the 4^th respondent by way of the impugned endorsement states that the Sy.No. 186/3B cannot be further sub divided.

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On the other hand, the learned Assistant Government Pleader for Revenue submits that it is the duty of the 4^th respondent to classify the subject land at the request of the petitioner and the same can be done by the Village Surveyor by following Board Standing Orders.

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Both the counsels submit that in the similar circumstances as per the instructions issued by the Government from time to time, in fact as per the Board Standing Order No. 34, circular was issued by the Special Commissioner and Director Survey, Settlements and Land Records on 25.07.2001 prescribing certain principles to be followed for considering the application with regard to making sub divisions of the Survey numbers by the individual applicants and in that connection, common Order passed by this Court in W.P.Nos. 24265 and 24271 of 2022 dated 11.08.2022 may be followed.

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In view of the above said facts and circumstances, as the grievance of the petitioner can be addressed to the 4^th respondent by following the orders of this Court as stated above in tune with the instructions issued by the Government from time to time and as per the B.S.O No. 34, the circular issued by the Special Commissioner and Director Survey, Settlements and Land Records, the 4^th respondent is obligated to relook into the matter by conducting necessary Survey on the application made by the petitioner and after conducting physical Survey, proper decision shall be taken

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strictly in accordance with the law. The whole Exercise shall be completed within a period of three (3) months from the

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date of receipt of this Order.

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Accordingly, the Writ Petition is disposed of. No costs.

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As a sequel, Miscellaneous Petitions pending, if any,

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shall stand closed.

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_______________________________ JUSTICE B KRISHNA MOHAN

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15.02.2023 UPS

B. Sivaranjani v. The State of Andhra Pradesh

Case brief

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B. Sivaranjani v. The State of Andhra Pradesh

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