ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“…issue a Writ, order or direction more particularly in the nature of Writ of MANDAMUS declaring the action of respondent No.3 in not disposing the representation of the petitioner which was received and acknowledged on 22.02.2019, as illegal, arbitrary and violative of Article 14 of the Constitution of India and contrary to the provisions of A.P.Survey and Boundaries Act, 1923 and consequently direct the respondent No.4 to take necessary action in accordance with law for conduct of survey in Survey No.1092 in an extent of Ac.31.51cents situated at Gangavaram village, Gurajala Mandal, Guntur District...”

2. The case of the petitioner in nutshell is that he is the owner and possessor of land admeasuring Ac.2.00 cents in survey No.1092-1-1B, Gangavaram Village, Gurajala Mandal, Guntur District. The subject property is ancestral property, which devolved upon his father, Peri Reddy and pattadar passbook and title deed were issued in favour of his father and his father executed a registered gift deed No.4746 of 2015, dated 20.08.2015 in his favour, since then he is in possession and enjoyment of the same and he was also issued pattadar passbook and title deed with patta No.3228 in respect of the subject land. He filed suit in O.S.No.99 of 2016 on the file of the learned Principal Junior Civil Judge’s Court, Gurajala against one Somasani Pedda Krishna Reddy, who is neighbour of his northern side land, to restrain him from interfering with his peaceful posession and enjoyment of his land and interim injunction was granted in his favour. In order to put an end to the boundary dispute between him and other neighbouring land owners, he made a representation, dated 22.02.2019 to 4th respondent to conduct survey of the entire extent of land admeasuring Ac.31.51 cents situated in Survey No.1092 of Gangavaram Village, Gurajala Mandal, Guntur District and fix the boundaries of land of individual pattadars but no action was taken so far by the respondents, which is illegal and arbitrary.

3. During hearing Sri M.V.Subba Reddy, learned counsel for the petitioner reiterated the contentions and requested to issue a direction as claimed in the Writ Petition.

4. Learned Assistant Government Pleader for Revenue submitted that unless F-Line application is made through Mee- Seva, the survey cannot be conducted. The petitioner require to make an application under Rule 5(iii) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and as per G.O.Ms.No. 209, dated 14.06.2017 through Mee-Seva on payment of requisite fee. In the absence of such application, declaration of the inaction of the respondents as illegal and arbitrary does not arise and requested to dismiss the writ petition.

5. Admittedly, the petitioner did not make F-Line application through Mee-Seva to conduct survey in Survey No.1092 in an extent of Ac.31.51 cents situated at Gangavaram Village, Gurajala Mandal, Guntur District, except a representation made on 22.02.2019 by the petitioner. Therefore as on the date, no valid application is submitted in terms of G.O.Ms.No.209, dated 14.06.2017 for conducting survey of the land, thereby, question of taking action on the representation, dated 22.02.2019, made by the petitioner does not arise. Hence the petitioner is not entitled to claim writ of mandamus for the present in the facts and circumstances of the case. However, liberty is given to the petitioner to make F-Line Application to conduct survey through Mee-Seva on payment of requisite fee.

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

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

_______________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 28.07.2021 SPP THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.9811 OF 2019 Date: 28.07.2021 SPP