HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1553 OF 2014 Date:08.07.2014 Between:
P. Sreenivasa Raju .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1553 OF 2014 ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 4th respondent as well as the learned Government Pleader appearing for respondents 1 to 3.
The petitioner claims to be the owner of land admeasuring Acs.20.00 in Survey No.275/E of Advivaram Village, Visakhapatnam, by virtue of a purchase from its original owner under sale deed, dated 19.01.2006. The petitioner states that Survey No.1 of Allipuram Extension has been allotted to the 4th respondent and that a part of the petitioner’s land is allegedly occupied by the 4th respondent. However, to resolve the dispute in that regard, the petitioner applied for conducting of survey of the lands. The application of the petitioner was duly considered by the Assistant Director of Survey and Land Records, Visakhapatnam, vide Memo No.A3/205/2012, dated 16.11.2012, and the Mandal Surveyor was directed to examine the request of the petitioner and take necessary action as per the records, after issuing notice to the Port Trust, Visakhapatnam. The grievance of the petitioner is that in spite of the said Memo issued by the Assistant Director to the Mandal Surveyor, Visakhapatnam, no further action is taken by the 3rd respondent.
Sri M. Vidya Sagar, learned Standing Counsel for the 4th respondent – Port Trust, states that so far as conducting of survey in Survey No.1 of Allipuram Extension is concerned, the Port Trust has no objection in that regard.
Considering the facts and circumstances and in view of the Memo, dated 16.11.2012, already issued by the Assistant Director of Survey and Land Records, Visakhapatnam, the writ petition is disposed of directing the 2nd respondent to act in terms of the said Memo, issue notices to the 4th respondent and any other affected person, and conduct survey and demarcation work as sought for by the petitioner, as expeditiously as possible. There shall be no order as to costs.
The miscellaneous petitions, if any, filed in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
08.07.2014 KH