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Judgment
Heard Sri Sarala Neelagiri, learned counsel for the petitioner and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for respondents 1 to 5. The notice in respect of the 6th respondent is dispensed with since no adverse order has been passed affecting his rights or interests.
Assailing the action of respondents 2 to 5 in not conducting a survey in respect of Ac.1.00 cents in Sy.No.841 of Vempalli Village and Mandal, YSR Kadapa District, the above writ petition is filed.
Learned counsel for the petitioner would submit that the petitioner is the absolute owner of an extent of Ac.1.50 cents out of Ac.2.64 cents in Sy.No.841/N3 of Vempalli Village and Mandal, YSR Kadapa District. The said property was purchased by Gouse Bee W/o. Shaik Nanne Saheb, who is the mother of the petitioner, under a Registered Sale Deed vide Document No.43/1982 dated 12.01.1982. The name of the petitioner was updated in the Record of Rights. The petitioner, along with his father, sold an extent of Ac.0.50 cents out of Ac.1.50 cents to one Shiak Shah Valle S/o. Besari Shaid Jafar Saheb, vide Document No.795/2008. The remaining extent of Ac.1.00 cents is in the possession and enjoyment of the petitioner. The petitioner made an F-line application vide Application No.F.S.O.12202188370 dated 11.11.2022. However, the survey was not conducted. The Village Surveyor issued a notice dated 20.04.2026 informing the landowners in Sy.No.841 about the survey and demarcation. The petitioner attended; however, the other landowners did not attend. No survey was conducted. The petitioner immediately made a representation by way of objections on the same day. The objections are filed as Ex.P1.
Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, submitted the instructions of the Tahsildar – 4th respondent, wherein it is stated as follows:
“It is submitted that during the Re Survey in Vempalle Village, the Survey team issued GT notice to the petitioner to conduct the survey for the land in Sy.No.841 total extent 2.64 Acers of Vempalle Village on 20.04.2026. After the Re-Survey the petitioner got 0.944 Acres out of 1.00 Acers, 6th respondent got 1.089 Acres out of 1.14 Acres and Sri Bepari Sheksha Vali got 0.507 Acres out of 0.50 Acres. Further it is submitted that the said Sy.No reduced 0.10 cents as errata, finally the Sy.No.841 extent 2.54 Acres is conformed and the eptitioern to be obtained 0.96 Acres, the 6th respondent to be obtained 1.10 Acres and Sri Bepari Sheksha Vali to be obtained 0.48 Acres after reduce 0.10 cents errata. If the petitioner requested a fresh survey, the survey team will be measured the land”
Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, would submit that a survey will be conducted under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 (hereinafter referred to as ‘Act’) in respect of the petitioner’s land.
As seen from the material available on record and the instructions, the petitioner made objections regarding the survey on 22.04.2026. According to the petitioner, no survey was conducted on 20.04.2026.
Given the facts and circumstances of the case, inviting a counter and keeping the writ petition pending may not serve any purpose, and hence, the writ petition is disposed of, at the stage of admission, with the consent of learned counsel appearing on either side, directing respondents 4 and 5 to conduct a fresh survey in respect of Ac.1.00 cents in Sy. No.841 of Vempalli Village and Mandal, YSR Kadapa District, by following the procedure contemplated under the Act, by issuing notice to the petitioner and other neighbouring owners, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.