Srinivasa Reddy v. Prl.Secy., Revenue Dept., Hyd., And 4 Others,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.30423 of 2016 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking a direction against respondent Nos. 2 to 5 to allot sub division numbers and fix boundaries as per the Field Measurement Book for the land of an extent of Ac .0.30 cents in Sy.No.37P of Resapuvanipalem Village, Visakhapatnam, while declaring the inaction of the respondents as illegal and arbitrary.

The Petitioner obtained General Power of Attorney from the legal heirs of the original owner for an extent of Ac .0.30 cents in Sy.No.37 P of Resapuvanipalem Village, Visakhapatnam and thereafter the petitioner approached Lokayukta, Hyderabad, vide complaint No.4238/ 2013/ B1, where respondent No.3 was arrayed as party for conduct of survey and fix the boundaries in respect of the abovementioned property. In view of the direction issued by Lokayukta, Hyderabad through Order dt. 06.09.2013, the Assistant Director of Survey and Land Records, Visakhapatnam, conducted survey, but did not fix boundaries and failed to allot sub division numbers to the said survey number, after sub dividing the land from the other part of the land in same survey number and thereafter the petitioner made representation dt. 16.11.

2013 with a request to complete fixation of boundaries and allot sub division numbers to the property, inpursuance of the direction issued by Lokayukta. Again another representation was made by the petitioner on 10.01.2014 with the same request, but no purpose was served. Therefore, the action of respondent Nos. 2 and 5 is assailed in this petition and since the representations are pending before respondent No.

division numbers and upon allotment of sub division numbers, respondent No.5 has to fix the boundaries of each sub division number. During hearing, learned counsel for the petitioner reiterated while highlighting inaction of the respondent Nos. 2 to 5 and whereas the Government Pleader appearing for the State of Andhra Pradesh for Revenue informed to this Court that the file is pending with respondent No.3 for allotment of sub division number after conducting survey and requested this Court to issue necessary direction to respondent No.3 to complete allotment of sub division numbers as per the Survey Report dt. 20.03.2013 and thereafter Respondent No.5 will fix the boundaries for sub divisions allotted by respondent No.3.

In view of the requested made by the learned Government Pleader for Revenue, respondent No.3 is directed to allot sub division numbers in terms of the Survey Report submitted by respondent No.5 within two months from the date of receipt of a copy of this Court and on allotment of sub division numbers, respondent No.5 is directed to fix boundaries for the sub divided survey numbers within a month thereafter. With the above observation, this Writ Petition is disposed of. As a sequel, miscellaneous applications pending, if any, shall stand closed.

________________________________________ M. SATYANARAYANA MURTHY, J Dat e: 2 7 -0 4 -2 0 1 8 eh a

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.30423 of 2016 Dt. 27-04-2018 eha