IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
Writ Petition No. of 2022
Between:
1. G Damodaram Reddy, S/o late G Venkatapathi Reddy,
Aged 65 years, Occ: Retd Employee in LIC, R/o Plot No: 63A, D No 2-
45, MK Naidu Colony, Near Bairagipatteda, Tirupati town, post &
Mandal, Tirupati District – 517501.
2. G Rajendran, S/o late G Venkatapathi Reddy,
Aged about 53 years, Occ: Cultivation, Pathagunta
Village and post, Veduru kuppam Mandal,
Chittor district - 517569
3. G Chenna Kesavulu Reddy, S/o late G Venkatapathi Reddy,
Aged 50 years, Occ: Cultivation, R/o 15/884, BP Agraharam,
Srikalahasthi town post and mandal, Tirupati district - 517644
…Petitioners
And
1. The State of A.P. rep by its Principal Secretary, Revenue
Department, A.P. Secretariat, Velagapudi
2. The Tahsildar,
Veduru Kupppam Mandal,
Veduru Kupppam, Chittor district
3. The Revenue Divisional Officer,
Nagari Revenue Division, Nagari
Town, post & Mandal, Chittor district
4. The Joint Collector (Revenue & Settlements),
Chittor district, Chittor Town, post & Mandal.
5. The Collector,
Chittor district,
Chittor Town, post & Mandal
6. The Chief Commissioner of Land Administration,
3rd Floor, APIIC building, mangalagiri town, post
& Mandal, Guntur district.
…Respondents
AFFIDAVIT
I, G Damodaram Reddy, S/o late G Venkatapathi Reddy, Aged 65
years, Occ: Retd Employee in LIC, R/o Plot No: 63A, D No 2-45, MK Naidu
Colony, Near Bairagipatteda, Tirupati town, post & Mandal, Tirupati
District – 517501, Office Address #502, E-Block, Prime Galaxy,
Condominium Complex, Dolas Nagar, Tadepalli, Guntur District-522 503,
do hereby solemnly affirm and sincerely state on oath as follows:
1. I submit that I am the 1st petitioner herein and as such I am well
acquainted with the facts of the case. I am deposing this Affidavit on
behalf of the other petitioners also as they are non other than my
blood brothers and there is no conflict of interest among us.
2. I submit that I am filing the present Writ Petition challenging the in
action of the Respondents particularly Respondent No. 2 in not
considering my F-Line application vide Application No:
DER012201378003 dated 05-01-2022 made by us to survey our land
and fix boundaries pertaining to Sy No 279/A2 to an extent of Ac. 0-85
cents, 279/A1 to an extent of Ac. 0-87 ½ cents, 279/A3 to an extent of
Ac. 0-59 cents respectively and its total extent is Ac. 2-31 ½ cents of
Pathaguntha village accounts, Veduru Kuppam Mandal, Chittoor
district.
3. I submit that originally the land in Sy No 279 to an extent of Ac. 3-
24 cents belongs to ancestors. One Gummudipudi Venkata Reddy is
the origin i.e. our great-grandfather. He had two sons by name G.
Pedda Govinda Reddy and G. China Govinda Reddy. After the demise
of our great grandfather, our grandfather G China Govinda Reddy and
his elder brother G. Pedda Govinda Reddy have partitioned the above
said property into two equal shares and Ac.1-62 cents fell to the share
of our grandfather G China Govinda Reddy and Ac 1-62 cents fell to the
share of his brother G Pedda Govinda Reddy. Later after demise of our
grandfather G China Govinda Reddy his four sons have divided the
same as per their oral partition and enjoying the same without any
interruption. Out of four sons to our grandfather, the 3 rd son G
Venkatapathi Reddy is our father. During his lifetime he also purchased
some extent of the land under separate sale deeds from the legal hires
of our genealogy apart from the share of our father and it has become
Ac 2-31 ½ cents in the above said survey number and our father was
enjoying the same with absolute rights without any interruption from
anybody.
4. I further submit that while the things stood thus our father G
Venkatapathi reddy was died on 19-05-1998 leaving behind him my
mother G Maha Lakshmi and ourselves as his legal heirs and legal
representatives to succeed his estate. Further the above said land to
Ac 2-31 ½ cents has been transferred from my father along with other
landed properties and the E-pass Book was also issued in favour of our
mother bearing Patta No 923 along with other properties. Further our
mother also died intestate on 27-10-2016 leaving behind her ourselves
as her legal heirs and legal representatives.
5. I further submit that after demise of our mother G Maha Lakshmi we
the three brothers have divided our joint family properties by way of
registered partition bearing No 1192 of 2020 dated 31-07-2020 before
Sub-Registrar, Karvetinagaram including the above said subject
mentioned property and in which A scheduled property was fell to my
share, B Schedule property fell to the share of the 2 nd Petitioner herein
and C Schedule property fell to the share of 3 rd Petitioner herein. Out of
the total extent of Ac 2-31 ½ cents in Sy no 279/A, Ac 0-85 cents fell to
my share, Ac0-87 ½ cents fell to the share of the 2 nd petitioner and Ac
0-59 cents fell to the share of the 3rd Petitioner herein. Now it has
tallied Ac 2-31 ½ cents after division of above mentioned subject land.
6. I further submit that after execution of the above said partition
deed, myself and other two petitioners have applied for issue of
patatdhar passbook and title deeds in our favour in respect of the
above said subject land along with other properties and after thorough
verification, the 2nd Respondent herein had issued E Pattadhar
Passbooks in our favour separately by allotting to me the Katha No:
1112, Katha No: 1111 to the 2nd Petitioner and Katha No: 1113 allotted
to the 3rd Petitioner by sub dividing the same and in which 279/A2
allotted to me, 279/A1 allotted to the 1 st Petitioner and 279/A3 allotted
to the 3rd Petitioner and mutated our names in all the Revenue records
such as 1B, Adangals etc. Since then we have been separately
enjoying the said property with absolute rights along with other landed
properties which fell to our shares respectively.
7. I further submit that later myself and other 2 petitioners have
approached the Revenue Authorities to survey the above mentioned
subject land and to fix up the separate boundaries, the revenue
authority particularly the Respondent No 2 herein has been postponing
the same to survey our land which is the subject matter in question for
the reasons best known to him. Later we rounded the Thasildhar’s
office for several times for the said purpose but he did not do it and
care for our grievance. On enquiry about the attitude of the 2 nd
Respondent, we reliably came to know that due to political interference
and influence of one G Chokka Linga Reddy and his brother G Masthan
Reddy of Pathaguntha Village, the 2nd Respondent is postponing to
survey our and fix up the boundaries to our land which is the subject
matter herein.
8. I further submit that thereafter on the advice of our well wishers, I
made an F-Line application through Mee seva on 05.01.2022 vide Mee
Seva Application No: DER012201378003 for survey of our land by
paying the necessary amount. As per the norms and procedure our
online application has to be disposed by the Revenue authorities within
30 working days. But the same has not been disposed by the 2 nd
Respondent herein even after two months of our application. Then
again I along with other petitioners have personally met the 2 nd
Respondent at his office for several times and requested like anything,
but he did not care our request and responded properly to oblige our
request and to dispose of our on line application. Hence as there is no
option left to us we are approaching this Hon’ble Court for seeking
appropriate remedy.
9. I submitted that we have no other alternative, affective and speedy
remedy except invoking the extraordinary special original jurisdiction
of this Hon’ble Court as enshrined under Article 226 of the Constitution
of India, by way of filing this writ petition for redress.
10. I submit that we have not filed any other suit, writ, or any
other legal proceedings seeking the relief sought for in this writ
petition before any other court of law or authority.
In view of the facts and circumstances stated above, it is therefore
prayed that this Hon’ble Court may be pleased to issue a Writ or Order or
Direction more particularly one in the nature of Writ of Mandamus
declaring the in action of the respondents particularly Respondent No 2 in
not considering the F-Line application made by petitioners vide
Application No: DER012201378003 dated 05.01.2022 to survey their land
and fix up the boundaries pertaining to Sy No 279/A2 to an extent of Ac.
0-85 cents, 279/A1 to an extent of Ac. 0-87 ½ cents, 279/A3 to an extent
of Ac. 0-59 cents respectively of Pathaguntha village accounts, Veduru
Kuppam Mandal, Chittoor district is illegal, arbitrary, unjust,
unconstitutional and violation of principles of natural justice and
consequently direct the Respondent No.2 to consider the online F-Line
application made by the petitioners dated 05.01.2022 for conducting
survey and fixing up the boundaries for the above said subject land
forthwith and pass such other order or orders as this Hon’ble Court may
deem fit and proper in the circumstances of the case.
It is further prayed that this Hon’ble Court may be pleased to direct
the respondents No.2 to consider the online F-Line application made by
the petitioners dated 05.01.2022 for conducting survey and fixing up the
boundaries for the above said subject land forthwith pending disposal of
the writ petition and pass such other order or orders as this Hon’ble Court
may deem fit and proper in the circumstances of the case.
Sworn and signed before me
on this the 3rd day of August, 2022 Deponent
at Amaravathi.
Before me
Advocate : Amaravathi
VERIFICATION
I, G Damodaram Reddy, S/o late G Venkatapathi Reddy, Aged 65
years, Occ: Retd Employee in LIC, R/o Plot No: 63A, D No 2-45, MK Naidu
Colony, Near Bairagipatteda, Tirupati town, post & Mandal, Tirupati
District – 517501, Office Address #502, E-Block, Prime Galaxy,
Condominium Complex, Dolas Nagar, Tadepalli, Guntur District-522 503,
do hereby verify and states that the above said paragraphs are true and
correct to the best of my knowledge and on legal advice and I have not
suppressed any material facts.
Hence, verified on 3rd day of August, 2022 at Amaravathi.
Counsel for the petitioner Deponent
