Allowed

Mahayajula Gireesam Sarma v. The State of Andhra Pradesh

Andhra Pradesh HC20 Feb 2024WP/4543/2024

Case brief

AI extract

What is this about?

The petitioner challenged the inaction of respondent authorities regarding survey and boundary fixation for temple land. The Court issued peremptory directions to specific respondents to conduct the survey and fix boundaries within two months.

What did the court decide?

Directions issued to Respondents 2, 4, and 5 to conduct survey and fix boundaries for the specified land within two months.

Mahayajula Gireesam Sarma Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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A
Hr

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 4543 OF 2024

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Between:

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Mahayajula Gireesam Sarma, S/o Late Suryanarayana Dasu, Aged 72 years, Occ Founder Family and Hereditary Trustee of Sri Kota Anjaneya Swamy Temple at Opposite to II Town Police Station, Palakonda Road, Srikakulam Town, residing at D.No.7-10-23/2, Puppalavari Street, Srikakulam Town, Srikakulam District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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Srikakulam Municipal Corporation, Rep. by its Commissioner, Srikakulam Town, Srikakulam District.

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Town Planning Officer, Srikakulam Municipal Corporation,^Srikakulam Town, Srikakulam District.

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Town Surveyor, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District.

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Assistant Director, Survey and Land Records, Collectorate,^Srikakulam Town, Srikakulam District.

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Joint Collector, (Revenue and Rhytu Bharosa), Srikakulam,^Srikakulam District.

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Tahsildar, Srikakulam Mandal, Srikakulam District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed^{therewith,theHigh} Court may be pleased to issue a writ, order or direction^{moreparticularly} Ih one in the nature of WRIT OF MANDAMUS declaring the^{inactiononthe} rtparti the 2"'^ respondent on petitioners Representation dt.27.01.2024 submitted for conducting survey and fix the boundaries for the land admeasuring Ac.0.10 cents belongs to Sri Kota Anjaneya^SwamyTemple covered by Survey Nos.262, 263 and 268 situated in^{PalakondaRoad,} Srikakulam Municipal Corporation Limits, Srikakulam Town, Srikakulam District, by implementing the proceedings dt.11-06-2019 in Rc.No.2139/2018/F3 issued by the 6'^ respondent thereby directed the respondents 2 and 5 to prepare sub-division and allot^{theabovesaidland} in favour the Sri Kota Anjaneya Swamy Temple, as illegal, irregular, irrational, amounts to non discharge of legal obligation^{conferredonthem} under the provisions of Andhra Pradesh Municipal Corporation^Act,Andhra Pradesh Survey and Boundaries Act, 1923 and offends^{Articles14and21} of the Constitution of India and consequently direct the respondents more particularly 2nd respondent to conduct survey and fix^{boundariesforthe} aforesaid land by considering the petitioners representation^{dt.27.01.2024.} lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents^{moreparticularly2} nd respondent to consider the petitioners Representation dt. 27.01.2024 submitted for conducting survey and fix the boundaries for the land admeasuring Ac.0.10 cents belongs to Sri Kota Anjaneya^SwamyTemple covered by Survey Nos.262, 263 and 268 situated in^Palakonda Road, Srikakulam Municipal Corporation Limits, Srikakulam^Town, Srikakulam District, by implementing the proceedings dt.11-06-2019 in

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Rc.No.2139/2018/F3 issued by the 6th respondent, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI. SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN^URBAN DEV

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Counsel for the Respondent Nos. 2 to 4: SRI. M MANOHAR^REDDY Counsel for the Respondent Nos. 5 to 7: GP FOR REVENUE

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.4543 OF 2024

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Between:

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Mahayajula Gireesam Sarma, S/o Late Suryanarayana Dasu, Aged 72 years, Occ: Founder Family and Hereditary Trustee of Sri Kota Anjaneya Swamy Temple at Opposite to II Town Police Station, Palakonda Road, Srikakulam Town, residing at D.No.7-10-23/2, Puppalavari Street, Srikakulam Town, Srikakulam District.

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... Petitioner

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And

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The State of Andhra Pradesh, represented by its Principal Secretary to Government, Municipal Administration department. Secretariat, Velagapudi, Amaravati, Guntur District and six others.

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... Respondents

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Counsel for the petitioner : Sri Srinivas Ambati Counsel for respondent No.l : GP for Municipal Administration Counsel for respondent Nos.2 to 4 : Sri M.Manohar Reddy, Standing Counsel

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Counsel for respondent Nos.5 to 7 : GP for Revenue

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ORDER

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The above writ petition is filed to declare the inaction^of respondent authorities in conducting survey and fix^boundaries

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Page 2 of 4

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SRSJ W.P.No.4543 of 2024

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in an extent of Ac.0.10 cents belonged to Sri Kota Anjaneya Swamy Temple in Sy.Nos.262, 263 & 268 situated at Palakonda Road, Srikakulam Municipal Corporation limits, Srikakulam town, Srikakulam District, as illegal and arbitrary.

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Heard Sri Sk.Abdul Rasheed, learned counsel representing Sri Srimvas Ambati, learned counsel for the petitioner and Sri G.Naresh Kumar, learned counsel representing Sri M.Manohar Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.5 to 7.

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The Joint Collector, Srikakulam vide Rc.No.2139/2018/F3 dated 11.06.2019, instructed the Assistant Director, Survey & Land Records, Srikakulam, Assistant City Planner, Srikakulam Municipal Corporation and Revenue Divisional Officer, Srikakulam to prepare sub-division record for an extent of Ac.0.10 cents and allot the site or the land available as on ground in favour of temple and make necessary correctionsⁱⁿ the records. Petitioner being the founder family member paid the requisite amount through mee-seva to conduct survey on ^7.01.2024. Petitioner also made representation to conduct

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Page 3 of 4

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SRS,J W.P.No.4543 of 2024

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survey and fix boundaries. However, the respondent Nos.4 85⁵ did not respond.

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In view of directions of the Joint Collector, Srikakulam dated 11.06.2019 coupled with fact that the petitioner^paid amount required through mee-seva to conduct survey^and fix boundaries, without going into other aspects, the Writ^Petitionis disposed of directing the respondent Nos.2, 4 & 5 to^conduct survey, in accordance with law, and fix boundaries^inanextent of Ac.0.10 cents belonged to Sri Kota Anjaneya Swamy^Temple m Sy.Nos.262, 263 & 268 situated at Palakonda Road, Srikakulam Municipal Corporation limits, Srikakulam town, Srikakulam District, within a period of two (02) months^from today. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^shall

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stand dismissed.

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//TRUE COPY//

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SD/- N.NAGANlNiA ASSISTANTjREGIST^R

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SECTION OFFICER

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To,