WP/1853/2015 of Kondru Rama Rao, Vs The State of Andhra Pradesh, Rep. by its Principal Secretary on 31 December 2021

ORDER:

This Writ Petition filed by the petitioners under Article 226 of the Constitution of India seeking the following relief:

“……….issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 4 in demarcating the house sites admeasuring Ac. 0.05 cents each assigned in favour of the petitioners in Rc.No.341/2004 dated 15.4.2004 in R.S. Nos. 38 and 66 of Gurvaigudem Village, Jangareddygudem Mandal, West Godavari District and in handing over physical possession of respective plots to the petitioners for the said land as per the allotment and assignment in spite of making representations including representations dated 19.02.2013 and 25.08.2014 as bad and illegal, arbitrary, discriminatory and offends Articles 14 and 21 of Constitution of India and consequentially to direct the respondents 2 to 4 to take necessary steps to demarcate the said house sites to hand over physical possession and to pass such other order”

2. The case of the petitioners is that they submitted an application for demarcating the house sites admeasuring Ac.0.05 cents each assigned in their favour in Rc.No.341/2004 dated 15.04.2004 in R.S.No. 38 and 66 of Guruvaigudem Village, Jangareddygudem Mandal, West Godavari District and handover physical possession of respective plots to the petitioners which were allotted to them under the assignment. In spite of representations dated 19.2.2013, 25.08.2014, no action has been taken. Hence, the respondent failed to discharge his public duty being public officer and thereby a writ of mandamus is sought to issue a direction as stated supra.

3. The respondents filed counter-affidavit denying the material allegations and further stated that mere making representations raising several other contentions are not required to be looked into in the present Writ Petition.

4. It is an undisputed fact that two representations were made on 19.02.2013 and 25.08.2014; but they are not attended to by the respondents.

5. The request made in the Writ Petition is to conduct survey and demarcate the land assigned to them in different survey numbers referred supra. When the land is required to be demarked by conducting necessary survey, an appropriate F-line application is to be submitted on payment of requisite fee through mee-seva. Mere making representation is not a valid demand, and therefore, the inaction of the respondents cannot be declared as illegal and arbitrary. Hence, liberty is given to these petitioners to make appropriate F-Line application through Mee-seva on payment of requisite fee for demarcating the land of the petitioners in R.S.No. 38 and 66 and on making such application by the petitioners for conducting survey and demarcate the land allotted to them, the respondents are directed to follow the procedure under Section 11 of Andhra Pradesh Survey and Boundaries Act.

6 With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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

Date: 31.12.2021

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_________________________________________

JUSTICE M. SATYANARAYANA MURTHY

125

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

(Disposed of)

WRIT PETITION No.1853 of 2015

Date: 31-12-2021

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