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Andhra Pradesh High Court - Amravati

Kanoori Koneru Rao vs The State Of Ap on 21 December, 2020

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

           THE HON'BLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION NO.24335 of 2020

ORDER:

This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, declaring the inaction on the part of respondents on petitioner F-line Application vide No.FS011900737755, dated 12.03.2019 submitted for conducting survey and fixing boundaries connected to Dharmacheruvu Tank measuring Ac.09.04 cents in Survey No.75, Challavarigudem village, Jangareddygudem Mandal, West Godavari District, as illegal, irregular, irrational, arbitrary and amounts to non discharge of legal obligation conferred on respondents 2 to 6 particularly the 6th respondent under the provisions of A.P.Survey and Boundaries Act, 1923 and Board Standing Order-34A and 34B and offends Article 14 of Constitution of India and consequently direct the 6th respondent to conduct survey and fix boundaries connected to aforesaid Tank.

At the stage of admission, learned counsel for petitioner and learned Assistant Government Pleader for Revenue agreed for disposal of the matter. The learned Assistant Government Pleader fairly submitted that the issue in this Writ Petition is squarely covered by the order dated 19.02.2020 passed by this Court in W.P.No.2674 of 2020 and as such the matter can be disposed off in terms of the said order.

Perused the order mentioned above. The learned single Judge while referring to the provisions of the Andhra Pradesh Survey and Boundaries Act opined that the Survey officer is required to take a decision under section 10 (1) of the said Act and communicate the same to the applicant to enable filing of appeal, if so required. In view of the same, the writ petition is disposed of with a direction to the respondents to take a decision in terms of Section 10 (1) of the Act and communicate the same to the petitioner in terms of Section 10 (2) of the Act, within one (1) month from the date of receipt of a copy of this order. There shall be no order as to costs.

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

The Registry is directed to attach a copy of the order dated 19.02.2020 in W.P.No.2674 of 2020, to this order.

________________________________ JUSTICE NINALA JAYASURYA Dated 21.12.2020 SJ 3 135 THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.24335 of 2020 Date: 21.12.2020 SJ