H. Gayatri vs K. Keshappa
2022 Latest Caselaw 7976 AP

        IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

     HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                            &
                  HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU


                I.A.No.1 of 2022 in WRIT APPEAL No.662 of 2022
                                           and
                           WRIT APPEAL No.662 of 2022
                                  (Through physical mode)

H. Gayatri, D/o. P.B. Hariharan,
Aged about 50 years, Occ: Ayurvedic Doctor,
R/o. D.No.13/14/11, Airport Road, Sai,
Sai Ganesh Hill View, Puttaparthi,
Sri Sathya Sai District, and others.
                                                            .. Applicants/appellants
       versus

K. Keshappa, S/o. late K. Adinarayana,
Aged 47 years, R/o. Door No. 2/2/B,
Pedda Bazar, Puttaparthi, Sri Sathya Sai District,
Andhra Pradesh - 515134, and others.
                                                            .. Respondents

Counsel for the applicants/appellants : Mr. C. Prakash Counsel for respondent Nos.1 to 3 : Mr. J. Dileep Kumar Counsel for respondent Nos. 4 to 7 : GP for Revenue

ORAL JUDGMENT

Dt: 19.10.2022 (per Prashant Kumar Mishra, CJ)

I.A.No.1 of 2022 is an application seeking leave to the applicants to

prefer appeal against the order dated 28.06.2022 passed by a learned single

Judge in W.P.No.17775 of 2022. The said writ petition was filed by respondent HCJ & DVSS,J

Nos.1 to 3 herein seeking a direction to the authorities (respondent Nos.4 to 7

herein) to conduct survey and fix the boundaries of the lands in an extent of

Ac.1.03 cents in Sy.No.454-2, Ac.1.01 cents in Sy.No.454-6 and Ac.1.01 cents

in Sy.No.454-3 of Yenumalapalli Village, Puttaparthi Mandal, Sri Satya Sai

District, by duly considering the F-Line application dated 13.06.2022. The

learned single Judge, by the order under appeal, disposed of the writ petition

with a direction to the authorities to take a decision in terms of Section 10(1)

of the Andhra Pradesh Survey and Boundaries Act, 1923 (for short, 'the Act of

1923').

2. According to the applicants/appellants, they are in possession of the

lands in question and without impleading them as parties, the writ petition has

been filed and in view of non-joinder of necessary parties, the order passed by

the learned single Judge directing for survey of the subject lands is liable to be

set aside.

3. Learned Government Pleader for Revenue appearing for the authorities

would submit that pursuant to the order under appeal, survey has already been

conducted on 11.08.2022.

4. Learned counsel for the applicants/appellants contends that no notice of

survey was served upon the applicants/appellants and, therefore, such survey

cannot be sustained.

HCJ & DVSS,J

5. The order under appeal only directs for conducting of survey, which has

already been carried out. If the applicants/appellants are aggrieved by the

manner in which survey was conducted or the decision of the survey officer,

they can take recourse to the remedy of appeal available under the Act of 1923

or any other remedy which the law permits in that regard.

6. Accordingly, I.A.No.1 of 2022 and the writ appeal are dismissed

reserving liberty to the applicants/appellants to pursue the remedies

permissible under law as indicated above. Other pending miscellaneous

applications, if any, shall stand closed. No costs.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J

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