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2023 Supreme(Online)(AP) 20679
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29339 OF 2023 Between:
1. YARLAGADDA NAGABABU S/o Y. Narayana Rao, Aged about 38 years, R/o D.No. 7-138, Mandavalli Village and Mandal, Eluru District.
2. Yarlagadda Padmaja W/o Y. Nagababu, Aged about 36 years, R/o D.No.
7-138, Mandavalli Village and Mandal, Eluru District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District.
3. The District Collector, Eluru, Eluru District.
4. The Revenue Divisional Officer, Eluru, Eluru District.
5. The Tahsildar, Mandavalli Mandal, Mandavalli, Eluru District.
6. The Mandal Surveyor, Office of Tahsildar, Mandavalli Mandal, Eluru District.
7. Yarlagadda Venkata Srinivasa Nehru S/o Narayana Rao, Aged about 60 years, R/o D.No.7-138, Mandavalli Village and Mandal, Eluru District ...RESPONDENTS Counsel for the Petitioner(s): G RAMA KRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.29339 OF 2023
ORDER:
This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India, seeking the following relief:
“…. to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Official Respondents in not disposing the representations of the Petitioners dated 02.11.2023 for conducting Survey, Measurement and fixing the boundaries over the Petitioners lands admeasuring 205.7 Square Yards in Survey No.383-6A and for an extent of 242 Square Yards in Survey No.383-6A situated in Mandavalli village and Mandal, Eluru District as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the Official Respondents to dispose of the petitioners representations dated 02.11.2023 for conducting the Survey, Measurement and fixing the boundaries over the Petitioners lands admeasuring 205.7 Square Yards in Survey No.383-6A and for an extent of 242 Square Yards in Survey No.383-6A situated in Mandavalli village and Mandal, Eluru District by duly considering the representations of the Petitioners dated 02.11.2023 and pass such other order or orders….”
2. The short grievance of the petitioners in the present Writ Petition is that, in spite of submitting representations by the petitioners, dated 02.11.2023 for conducting survey, measurement and fixing the boundaries over the petitioners land admeasuring 205.7 square yards in survey No.383-6A and for an extent of 242 square yards in survey No.383-6A situated in Mandavalli village and Mandal, Eluru District, the respondent authorities have not considered the said representations.
3. Heard Sri Guduri Rama Krishna, learned counsel for the petitioners and Sri Farooq, learned Assistant Government Pleader for Revenue.
4. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, as the authorities have not acted upon the representations of the petitioners for conducting survey, the present Writ Petition is filed and prayed to pass appropriate orders in the interest of justice.
5. In reply, learned Assistant Government Pleader for Revenue submitted that, if at all the petitioners had an intention to get the land surveyed, they have to make an F-Line application through Mee-seva/Village Secretariat as per the Circular of the Chief Commissioner of Land Administration, Andhra Pradesh, Gollapudi vide File No.REV05-19022/7/2022-1 SEC-CSL, dated 21.04.2022, but not by way of written representation. If the petitioners submit applications in accordance with the said Circular, the authorities would definitely consider the same and pass orders in accordance with law.
6. To the said submission, learned counsel for the petitioners requested to give a liberty to the petitioners to submit F-line application through Mee-seva/Village Secretariat.
7. Taking the submissions of learned counsel for the petitioners as well as learned Assistant Government Pleader for Revenue into consideration, as the petitioners intend to submit F-line applications through Mee-seva/village Secretariat and the authorities are ready to consider the same, there is no purpose in keeping this Writ Petition pending by inviting counter. As such, this Court is inclined to dispose of the Writ Petition with the following direction:
The petitioners are at liberty to make F-line applications through Mee-seva/Village Secretariat for conducting survey and on such application, the authorities concerned shall consider and dispose of the same within the time stipulated as per the Circular of the Chief Commissioner of Land Administration, Andhra Pradesh, Gollapudi vide File No.REV05-19022/7/2022-1 SEC-CSL, dated 21.04.2022.
8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
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JUSTICE RAVI CHEEMALAPATI
09.11.2023
183 HON’BLE SRI JUSTICE RAVI CHEE
