Mannem Seetharamaiah S/O Krishna Murthy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.2323 OF 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner to declare the inaction of the respondent No.3 in failing to initiate action to conduct survey and to fix boundary stones for the land admeasuring an extent of Ac.0.70 cents in Sy.No.490/2C, 490/4 and 490/5 situated at Karlapalem village and Mandal, Guntur District pursuant to the application with Challan dated 02.07.2014 is illegal, arbitrary and unconstitutional.

It is the case of the petitioner that patta was granted for the land admeasuring an extent of Ac.0.70 cents in Sy.No.490/2C, 490/4 and 490/5 situated at Karlapalem village and Mandal, Guntur District, in his favour and he has been developing the same and cultivating the same. The respondent No.3 herein after due consideration of his application, DKT patta was granted under Ex.Serviceman quota, issued pattadar passbooks and title deeds and also entered his name in the revenue records and issued Form -1B ROR register. The latest 1-B ROR issued by the respondent No.3 herein dated 20.01.2016, which shows his name as pattadar for the schedule land. The petitioner made a request to fix boundaries to the schedule land, but the respondent No.3 did not take any action.

Learned Government Pleader for Revenue for the State of Andhra Pradesh requested this Court to issue a direction to the respondent No.3 to conduct survey, if survey is not conducted pursuant to the application with Challan dated 02.07.2014.

MSM,J WP_2323_2016 In view of the request made by the learned Government Pleader for the State of Andhra Pradesh, respondent No.3 is directed to take appropriate steps to conduct survey of the land an extent of Ac.0.70 cents in Sy.No.490/2C, 490/4 and 490/5 situated at Karlapalem village and Mandal, Guntur District, if no survey is conducted so far and fix boundaries, as requested by the petitioner.

With the above direction, the writ petition is disposed of. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 17.04.2018 Ksp