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Gali Malleswara Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC18 Mar 2025WP/6746/2025

Case brief

AI extract

What is this about?

Survey of land; F-line application; representation dated 20.02.2025; Sy.No.418; 149.30 square yards; Nowpada Panchayat; Santabommali Mandal; Srikakulam District; writ of mandamus; Article 226; Articles 14, 19, 21 and 300A; Andhra Pradesh Survey and Boundaries Act, 1923; Muramalla Padmavathi V/S State Of Andhra Pradesh (2016 Law Suit (Hyd) 105); GP for Revenue; disposed with directions; no costs.

What did the court decide?

Directions issued: petitioner to submit a fresh F-line application within four (04) weeks; respondent authorities to consider the representation dated 20.02.2025 along with the F-line application and conduct the survey within three (03) months in accordance with the Andhra Pradesh Survey and Boundaries Act, 1923. No costs. ¶33

Gali Malleswara Reddy Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the respondents in not considering the petitioner's representation dated 20.02.2025 for conducting survey of the petitioner's land in Sy.No.418 (149.30 square yards), Ammavari Gudi street, Nowpada Panchayat, Santabommali Mandal, Srikakulam District, is illegal and arbitrary, warranting a writ of mandamus directing the respondents to act upon the representation and permit the F-line application and survey.

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Court's answer

The writ petition is disposed of with a direction to the petitioner to submit a fresh F-line application for conducting survey of the subject property within four (04) weeks from the date of receipt of a copy of the order.

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Ratio / Principle

Upon such fresh F-line application, the concerned respondent authorities shall consider the petitioner's representation dated 20.02.2025 along with the F-line application and conduct the survey within three (03) months from the date of receipt of the application.

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Key takeaways

The survey shall be conducted in accordance with law and by following the procedure contemplated under the Andhra Pradesh Survey and Boundaries Act, 1923.ratio¶31

Detailed headnote1 paragraphs

Writ Petition under Article 226 by Gali Malleswara Reddy, claiming ownership and possession of 149.30 square yards in Sy.No.418, Amaravati/Ammavari Gudi Street, Nowpada Panchayat, Santabommali Mandal, Srikakulam District, seeking a writ of mandamus against the respondents' failure to consider his representation dated 20.02.2025 for conduct of survey, after his F-line application was refused entertainment; the petitioner invoked the judgment in Muramalla Padmavathi V/S State Of Andhra Pradesh (Citation 2016 Law Suit (Hyd) 105) and Articles 14, 19, 21 and 300A of the Constitution of India. At the admission stage, the learned Assistant Government Pleader for Revenue admitted the respondents' failure to conduct the survey. Disposing of the petition without costs, the Court (Venkateswarlu Nimmagadda, J.) directed the petitioner to submit a fresh F-line application within four (04) weeks, upon receipt of which the concerned respondent authorities shall consider the representation dated 20.02.2025 along with the F-line application and conduct the survey within three (03) months, in accordance with law and the procedure under the Andhra Pradesh Survey and Boundaries Act, 1923.

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APHC010126352025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6746/2025

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Between:

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Gali Malleswara Reddy

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.KOLLURU SATISH

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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This Court made the following ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of

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India by the Petitioners for the following relief:

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“..to issue a Writ Order of direction particularly one in the nature of Writ of Mandamus declaring the action of respondents in not considering the representation dated 20.02.2025 made by the petitioner for conducting survey over the petitioner’s land situated in Sy.No.418 admeasuring to an extent of 149.30 square yards situated in Ammavari Gudi street Nowpada Panchayat Santabommali Mandal Srikakulam

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District as the petitioner is prevented from making F-line application and the action of the respondent in non conducting survey is against the observations of this Honble Court judgment in the case of Muramalla Padmavathi V/S State Of Andhra Pradesh Citation 2016 Law Suit (Hyd) 105 as illegal arbitrary and violation of principles of natural justice and also Article 14, 19 21, and 300A of the Constitution of India and consequently direct the respondent authorities to act upon the representation of the petitioner dated 20.2.2025and permit the petitioner to make an application for conduct of survey and to pass….”

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The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land, admeasuring to an extent of 149.30 square yards in Sy. No. 418, situated in Amaravati Gudi Street, Nowpada Panchayat, Santabommali Mandal, Srikakulam District. The petitioner acquired the said land through registered sale deed for valuable consideration and has been in peaceful possession and enjoyment of the subject property for the past 10 years. While things stood thus, certain individuals are trying to claim rights over the subject property, dispossess the petitioner, and sell the property to third parties, thereby creating further litigation. For which, the petitioner submitted an F- line application to the respondent authorities, requesting to conduct survey of the subject property of the petitioner. However, the authorities refused to entertain the application. Subsequently, the petitioner submitted a representation dated 20.02.2025 to the respondent

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authorities, seeking to conduct survey of the subject land. Despite receiving the representation of the petitioner, the respondents authorities neither consider the representation nor conducted survey till date. Hence the writ petition.

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3. At the stage of admission, learned Assistant Government Pleader for Revenue admitted about the failure of the Respondents in conducting survey and requested to pass appropriate orders.

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

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5. Having considered the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, this Court is of the considered view that the present writ petition can be disposed of with a direction to the petitioner to submit a fresh F-line application for conducting a survey of the subject property within four (04) weeks from the date of receipt of a copy of this order. Upon such application, the concerned respondent authorities shall consider the petitioner's representation dated 20.02.2025, along with the F-line application, and conduct the survey within three (03) months from the date of receipt of the application, in accordance with the law and by following the procedure contemplated under the Andhra Pradesh Survey and Boundaries Act, 1923 .

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6. With the above direction, the Writ Petition is disposed of. No costs.

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As a sequel, interlocutory applications if any pending, shall stand

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closed.

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_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

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Dt:19.03.2025