Mettu Srinivas Reddy vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble D Ramesh
Listed On:
15 Sept 2022
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Order Text
THE HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No.29813 of 2022
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution of India seeking to direct the respondents to conduct survey and fix boundaries of the subject land.
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Heard both the counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.
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The contention of the petitioner is that though F-Line Application was submitted by the petitioner to the respondents for conducting survey, no action is forthcoming from the respondents. Hence, this Writ Petition.
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The Powers of the survey officer to determine and record a disputed boundary is prescribed under Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923. Section 10 (1) of the Act, mandates that where a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the boundary and record in writing the reasons for his decision. Sub-Section (2) of Section 10 of the Act says that notice of every decision of the survey officer under Section 10 (1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands, the boundaries of which may be affected by the decision. The effect of the decision of the survey officer under this section is that the successful party is in possession even though the unsuccessful party was really in possession with the result the decision of the survey officer estops the unsuccessful party from urging later on that he was in possession and a decision based on the reports of subordinates is not binding on the parties. In the present case, the Survey officer did not take any decision as required under Section 10 (1) of the Act and communicated as mandated under Section 10 (2) of the Act to enable the petitioner to file an appeal under Section 11 of the Act. Therefore, inaction of the Survey Officer is contrary to Section 10 (1) of the Act. Hence, I find that it is a fit case to issue 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 today.
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Accordingly, the Writ Petition is disposed of directing 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 today. No costs.
Consequently, miscellaneous applications pending, if any, shall stand closed.
____________________ JUSTICE D.RAMESH
Date: 15.09.2022 sj
127
THE HON'BLE SRI JUSTICE D. RAMESH
WP No. 29813 of 2022
15.09.2022
sj