Kotamarthi Hrudaya, v. The State Of Andhra Pradesh, Rep.By Its Prl. Secretary,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.6372 OF 2017 ORDER:
The case of the petitioner is that she submitted a representation dated 06.02.2017 before the 2nd respondent requesting him to direct the 4th respondent to survey and fix up the boundaries in respect of the land situated in R.S.No.82-29-a10 to an extent of 0.95 cents in Raghavapuram Village, Chintalapudi Mandal, West Godavari District. Aggrieved by the same, present writ petition is filed.
Heard learned counsel for the petitioner.
Learned Assistant Government Pleader for Revenue submits that as far as sub division is concerned, the Assistant Director is the competent authority who is not made as party in this writ petition. He also submits that the survey authorities cannot deliver possession.
A reading of the representation dated 06.02.2017 goes to show that the petitioner requested the 2nd respondent to direct the concerned authorities to conduct survey and handover possession of his land. But, neither the revenue authorities nor the survey authorities can handover possession of the petitioner's land which is in possession of third parties. If petitioner wants survey and demarcation of his land he has to make necessary application, and on such
application being filed by the petitioner, it is for the 3rd respondent to consider the same and pass necessary orders, in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed.
_____________________________ A.RAJASHEKER REDDY, J 23.02.2017 tk