Allowed

Lankapalli Srinivasa Rao S/o Suryanarayana v. The Assistant Director of Survey and Settlements

Telangana HC16 Jul 2013WA/1003/2013

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, in a writ appeal, relied on a recent judgment (WA No. 110 of 2013) regarding circulars guiding revenue officials on conducting land surveys based on private requests. Upholding the view that officials were bound to conduct the survey upon payment of fees and proper documentation, the court directed the respondents to expeditiously complete the survey within three

What did the court decide?

Directing the respondents to conduct the survey of the subject lands and complete it within three weeks from the date of receipt of a copy of the order.

Lankapalli Srinivasa Rao S/o Suryanarayana Vs The Assistant Director of Survey and Settlements — Telangana HC (2013) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

¶2

TUESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND THIRTEEN PRESENT

¶3

THE HON'BLE MR JUSTICE N.V. RAMANA AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

¶4

WRIT APPEAL No.1003 of 2013

¶5

BETWEEN

¶6

Lankapalli Srinivasa Rao and another.

¶7

…APPELLANTS

¶8

AND

¶9

The Assistant Director of Survey and Settelments, West Godavari District at Eluru and another.

¶10

…RESPONDENTS

¶11

Counsel for the Appellants: SMT. M.V. PADMAJA REDDY Counsel for the Respondents: GP FOR REVENUE

¶12

The Court made the following:

¶13

JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana)

¶14

This writ appeal is directed against the order passed by the learned single Judge in WP.No.18300 of 2013 dated 27.06.2013 wherein the learned single Judge rejected the grant of Mandamus to the respondents for conducting survey of the subject lands.

¶15

2. According to the appellants, they are the owners of an extent of

¶16

Ac.24.68 cents in R.S.Nos.162, 163, 164, 167 and 168 of Kokkirailanka village of Eluru Mandal in West Godavari District and that they have paid requisite fee for conduct of survey in respect of the aforesaid lands but the respondents are not conducting survey.

¶17

It appears that the Revenue Department issued some notices for conducting survey but thereafter, they stopped further action in the matter.

¶18

3. The learned single Judge, on consideration of the submissions made by the learned counsel on either side and perusing the material, dismissed the writ petition holding that the petitioners have to invoke the jurisdiction of the civil Court seeking to have the subject lands surveyed. Aggrieved thereby, the present appeal is preferred.

¶19

4. When the matter came up for hearing, the learned counsel for the appellants relied upon a judgment of this Court in WA.No.110 of 2013 dated

¶20

14.06.2013 wherein it was held as under:

¶21

“The learned Government Pleader for Revenue appearing on behalf the respondents submitted that the Government issued Circular in Rc.No.N1/6543/99, dt.25.7.2001, whereunder the Special Commissioner and Director, Survey, Settlements and Land Records, Jagir Administrator, Andhra Pradesh, Hyderabad, issued certain instructions to the revenue officials and the officials of the Survey Department, with regard to survey and demarcation of the lands, on requests made by private parties. Thereafter, the Government issued another Circular in Rc.No.N2/1741/2010, dt.18.5.2010, prescribing guidelines, based on Board Standing Order No.34-A paragraph 20. Thereafter, the Commissioner, Survey, Settlements & Land Records, Andhra Pradesh, Hyderabad, vide D.O. Rc.No.N1/4296,2012, dt.22.8.2012, issued further instructions, for demarcation of survey numbers. Referring to these circular instructions/guidelines/Board Standing Orders, issued by the Government, the learned Government Pleader submitted that there is no bar for the revenue officials to conduct survey of lands, on requests made by private parties subject to their furnishing relevant documents.”

¶22

5. The learned Government Pleader submits that the respondents are willing to conduct survey.

¶23

6. Once a request is made by any individual/owner of the land for conduct of survey by paying requisite fee, in view of the aforesaid circular instructions and directions, the revenue officials are bound to conduct survey. Hence, we direct the respondents to conduct the survey and complete it expeditiously within a period of three (3) weeks from the date of receipt of a copy of this order.

¶24

The writ appeal is accordingly disposed of. The miscellaneous applications, if any, shall stand disposed of as infructuous. There shall be no order as to costs.

¶25

______________ N. V. RAMANA, J

¶26

_____________________ VILAS V. AFZULPURKAR, J July 16, 2013 DSK

Lankapalli Srinivasa Rao S/o Suryanarayana v. The Assistant Director of Survey and Settlements

Case brief

What is this about?

What did the court decide?

Lankapalli Srinivasa Rao S/o Suryanarayana v. The Assistant Director of Survey and Settlements

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

J. Ramachandrappa Vs The Joint Collector

M/s.Surya Gangadhara Boiled and Raw Rice Mill, Vs The Andhra Bank

K.v.Ajay Kumar S/o. K.Venkataiah, Vs The Govt., of A.P.

N.Apparao Vs The Assistant Director of Mines and Geology

Government of Andhra Pradesh, Vs M/s Parameshwara Fertilizers Pvt. Ltd.

State of Andhra Pradesh, Vs Panchireddy Appalanaidu