N. Appa Rao, v. Srikakulam Municipality

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 840 OF 2015 Date: 03.09.2015 Between:

N. Appa Rao & others.

... Appellants And Srikakulam Municipality, rep., by its Commissioner, Srikakulam District, & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 840 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Sri D.V. Sitaram Murthy, learned Senior Counsel appearing for the appellants, does not press this appeal on merits and submits that the appellants would be satisfied if they are allowed to make an application for measurement and demarcation of the boundaries of their respective lands under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 (for short, "the Act") and if the directions are issued to the concerned authority to measure and demarcate their lands. In view of the submission made by the learned Senior Counsel for the appellants, we dispose of the appeal by the following order: "1. Appeal is disposed of as not pressed.

2. It is open to the appellants to make an application under the provisions of the Act seeking measurement and demarcation of their lands and to comply all formalities that are required for making such prayer. If the appellants make the application as aforementioned, the concerned authority shall process the same, if it is complete in all respects, and take further steps as expeditiously as possible and preferably within a period of twelve (12) weeks from the date of presentation of such application.

3. It is made clear that if the appellants are required to pay

survey fees/urgent survey fees, if any, shall deposit the same within the time stipulated by the concerned authority. It is open to the concerned authority to examine the application and if it finds, for any valid reasons, that it is not in accordance with the provisions of law, shall pass appropriate order including rejection of such application. It is further made clear that if the authority decides to measure and demarcate the boundaries, it shall follow the due procedure contemplated under the provisions of the Act. It is also made clear that while passing this order we have not expressed any view on merits of the case. We shall not be understood to have recognized rights of the parties in the property while passing this order." Miscellaneous petitions, if any, shall also stand disposed of. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Date: 03.09.2015 ES