Gudditi Nagaraju Vs the State of Ap

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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the

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respondents in not considering the F-Line application application No.DER011701062130 filed on 10-07-2017 for conducting survey and fixing the boundaries in petitioner land to an extent Ac.1.61 cents in Sy.No.113-1E and an extent Ac.2.00 cents in Sy.No.145-1A and an extent Ac.0.62 cents in Sy.No.145-3G and an extent Ac.1.01 cents in Sy.No.112-1 which are situated in Tummala Village of Dharrnavaram Mandal, Satyasai District. The 4th respondent was not taken any action so far as and pending the same the 5th respondent trying to encroach the petitioner's land, which is highly illegal, arbitrary and violation of natural justice also article 14, 21 and 300(a) of Constitution of India and consequently direct the 4th respondent to conduct the survey and fix the boundaries of the petitioner land and pass

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IA NO: 1 OF 2024

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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 direct the official respondents to stop the entries of the 5th respondent name in the Revenue Records pertaining to Survey Number of petitioner's land until conducting the Survey and fixing the boundaries pending disposal of the main writ petition and pass

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Counsel for the Petitioner:

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1.MODUGU VENU GOPAL

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of India for the following relief:

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“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondents in not considering the F-Line Application No. DER011701062130 dated 10-07-2017, filed for conducting survey and fixing of boundaries of the petitioner’s land admeasuring Ac.1.61 cents in Sy.No.113-1E, Ac.2.00 cents in Sy.No.145-1A, Ac.0.62 cents in Sy.No.145-3G and Ac.1.01 cents in Sy.No.112-1, situated at Tummala Village, Dharmavaram Mandal, Sri Sathya Sai District, as illegal, arbitrary and violative of the principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India. The 4th respondent has not taken any action till date on the said application and, pending consideration of the same, the 5th respondent is attempting to encroach upon the petitioner’s land, which is highly illegal and arbitrary. Consequently, direct the 4th respondent to conduct the survey and fix the boundaries of the petitioner’s land and pass appropriate orders within a stipulated time…”

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

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Learned counsel for the petitioner submits that the petitioner made F-line application by paying requisite fee with a request to conduct survey and fix the boundaries of his land and notice was also issued to the concerned persons. However, the same was not concluded.

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Both the learned counsel submit that the issue involved in this writ petition is squarely covered by the order dated 19.02.2020 passed by the learned Single Judge of this Court in W.P.No.2674 of 2020.

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Considering the above submissions, this Writ Petition also stands disposed of, in terms of the order dated 19.02.2020 in W.P.No.2674 of 2020, directing the respondents to take a decision in terms of Section 10 (1) of Andhra Pradesh Survey and Boundaries Act, 1923, and communicate the same to the petitioner provided under Section 10 (2) of the said Act, within two (2) months from the date of receipt of a copy of this Order. There shall be no order as to costs.

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