G. Tata Rao v. State Of Ap

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14080 OF 2018 Dated:23.04.2018 Between:

Gudla Tata Rao, S/o. China Nookanna, Hindu, Male, aged about 55 years, Cultivation, R/o. H.No.3-27, Gudlavanipalem, Visakhapatnam District .. Petitioner And The State of Andhra Pradesh, rep., by its Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14080 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

Petitioner claims to be the owner of land to an extent of Ac.0.13 cents in R.S.No.147/8 of Gudlavanipalem, Visakhapatnam Municipality, Visakhapatnam District. Alleging that the third parties are involving in the property and though a request is made by the petitioner for conducting survey, there is inaction on the part of the respondent authorities in considering his request, this Writ Petition is filed.

3.

In paragraph No.4 of the affidavit filed in support of the Writ Petition, petitioner alleges that he made several representations for conducting survey. He filed copy of representation, dated 13.04.2018, which was sent to the Mandal Revenue Officer, Visakhapantam Rural Mandal, by way of registered post. 4.

According to the Track of Consignment, the said representation was received by the Tahsildar's office only on 16.04.2018 and this Writ Petition was instituted on 19.04.2018. Therefore, it cannot be expected that the respondent authorities were negligent in acting upon the representation of the petitioner. Petitioner cannot make a representation and rush to the Court immediately alleging inaction of the respondent authorities. It is nothing but abuse of process of law. Further, as rightly pointed out by learned Government Pleader for Revenue, a procedure is

prescribed for conducting survey and the person, who seeks such survey to be conducted, must make an application in F-Line through online web portal, whereas the petitioner has made a simple representation. The Writ Petition is misconceived and is liable to be dismissed.

4.

The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:23.04.2018 KH