Dasari Nageshwara Rao, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.36983 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleaders for Revenue appearing for the States of Telangana and the Andhra Pradesh. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

2.

The present writ petition came to be filed with the following prayer:

"to issue a writ, order, or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ, declaring the action of the respondents 5 to 8 in not considering the application dated 06.05.2013 of the petitioner to respondent No.8 to survey, demarcate and fix boundary stones pertaining to the land bearing Sy.No.2 to an extent of 0.0.14 hectares situated at Yatapaka Village and Mandal, East Godavari District, nor sending the concerned record of the land to respondent Nos.1 to 4 to survey, demarcate and fix boundary to the said land as illegal, arbitrary, null and void, in violations of Article 300-A of the Constitution of India and Circular Rc.No.N1/6543/99 dated 25.07.2001 issued by the Special Commissioner and Director, Survey, Settlements and Land Records under paragraph 20 to B.S.O.

, 34-A of the Andhra Pradesh Board of Revenue Standing Orders, laying down the Procedure for Survey and Demarcation of the private lands whenever a request is made on payment of survey charges and consequently direct the respondents 5 to 8 to send the concerned revenue and survey record of the land bearing Sy.No.2 to an extent of 0.0.

CPK,J WP_36983_2016 demarcate and fix boundary stones of the said land immediately."

3.

Learned Government Pleaders for Revenue, on instructions, submit that land to be surveyed comes under Andhra region, but the petitioner made an application before the authorities in Telangana Region for conducting survey.

4.

Learned counsel for the petitioner submits that though he made an application before the authorities in Telangana, he is willing to make a fresh application before the authorities concerned, in which event, the same may be directed to be dealt with at the earliest. 5.

Without going into the merits of the case and having regard to the rival submissions made, the Writ Petition is disposed of directing the petitioner to make an application afresh before the concerned authorities within a period of one week from today along with all necessary documents and the maps issued by the concerned authorities before the appropriate authority in Andhra Region, in which event the said application shall be dealt with, in accordance with law, as early as possible, preferably within a period of four (04) weeks thereafter.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:07.11.2016 Note: Furnish CC by tomorrow (B/O) INL