Andhra Pradesh High Court - Amravati
K.Venkateswara Raju, vs The State Of Andhra Pradesh, on 22 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11347 OF 2021
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India, seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the action of the
respondents without following the Rules of the A.P. Survey of
Boundaries Act, 1923 for conducting survey in the fish and frawn
tanks of the Petitioners in an extent Ac.44-00 cents in Vemuladeevi
Village, Narasapuram Mandal, West Godavari District, as illegal
arbitrary contrary to law violation of Articles 14, 19(g) and 300-A
of the Constitution of India and consequently direct to the respondents
before conducting the survey of Petitioners's fish and frawn tanks as
stated above strictly follow the procedure prescribed in A.P. Survey of
Boundaries Act, 1923 and pass such other order..."
2. The case of petitioners in brief is that the petitioners are the
members of same family. The 1st petitioner own land in an extent
of Ac.10.20 cents in RS.Nos.691-2, 703-8, 707-11, 707-8, 710-6,
711-10. 711-4, 711-6, 711-7 and 712-4 in Vermuladeevi Village,
Narasapuram Mandal, West Godavari District and the
1st petitioner also own land in an extent of Ac.22.00 cents in
RS.Nos.691-2, 3, 5, 66, 690/3, 5, RS.Nos.692-2, 3 and
RS.Nos.706-2, 3, 4, 6 and 7, RS.Nos.707-1, 2, 3, 5, 8 and 9,
RS.Nos.713-1, 2, 3 and 5 by virtue of judgment in O.S.No.35 of
2012 on the file of Principal Junior Civil Judge, Narasapuram,
West Godavari District and he is in peaceful possession and
enjoyment of the said property.
3. The 2nd petitioner own land in an extent of Ac.5.14 cents in
RS.Nos.703-9, 707-3, 707-4, 707-5 and 707-9 in Vemulaveedi
Village, Narasapuram Mandal, West Godavari District.
The 3rd respondent own agricultural land in an extent of Ac.4.89
cents in RS.Nos.689-1, 690-2, 690-5, 703-7 and 706-5 in
Vemulaveedi Village, Narasapuram Mandal, West Godavari District
and the 4th petitioner own agricultural land in an extent of Ac.3.04
cents in RS.Nos.691-4, 703-2 and 707-6 in Vemulaveedi Village,
Narasapuram Mandal, West Godavari District.
4. The petitioners converted their land into tanks on
28.10.2020, they obtained license for L.Vannamei Culture, from
Assistant Director of Fisheries, Narasapuram vide Note
File No.1660/A2/2020 and License Nos.0276/COC/2020(N),
0277/COC/2020(N), 0278/COC/2020(N) and 0280/COC/2020(N).
5. In the 4th week of March, 2021, the respondents
highhandedly entered into the petitioners' fish and frawn tanks
situated in Vemuladeevi Village, Narasapuram Mandal, West
Godavari District, without following the rules framed under
A.P. Survey and Boundaries Act, 1923 for conducting survey in
fish and frawn tanks and planted flags. For what purpose, the
respondents 3 and 4 conducted survey in the petitioners' fish and
frawn tanks is not known to the petitioners. Therefore, the
interference of the respondents 3 and 4 with the possession and
enjoyment of the petitioners over the subject property is illegal,
arbitrary and requested to issue a direction.
6. No counter is filed by the respondents.
7. Learned counsel for the petitioners reiterated the
contentions urged in the petition, whereas learned Assistant
Government Pleader for Revenue submitted that F-line application
was made by the petitioner in F1/10638/2021 for conducting
survey on their land and only for that purpose in view of the
procedure laid down in A.P. Survey and Boundaries Act, 1923 for
conducting survey, the respondents entered into the land and
flags were put up. An endorsement in F-L.10/2021, dated
07.05.2021 was issued and in fact the official respondents fairly
stated that they are not interfering with the alleged possession of
the petitioners.
8. Recording the submissions of learned Assistant Government
Pleader for Revenue and noting the purpose for which the
respondent authorities entered into the fish and frawn tanks of the
petitioners, this Court is of the opinion that nothing required to be
adjudicated in this matter. However, the official respondents are
not interfering with the possession, as submitted by the learned
Assistant Government Pleader for Revenue.
9. In the result, this Writ Petition is closed. No costs.
As a sequel thereto, interlocutory applications, if any
pending shall stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 22.06.2021
IS
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11347 OF 2021
Date: 22.06.2021
IS
