DWARAM MADDILETY REDDY v. THE STATE OF ANDHRA PRADESH
WP/6113/2025 · 2025-03-12
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10322 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10322 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
N THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6113 OF 2025 Between: Dwaram Maddilety Reddy, aged 78 years, S/o. D. Pulla Reddy, H.No. 1- 5, karimaddela Village, Gadivemaula Mandal, Kumool District, Andhra Pradesh-518508. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Gram Panchayat, Secretariat Buildings, Karimaddela Village, Amaravathi.
2. The District Collector, Nandyal District.
3. The Mandal Revenue Officer, Gadivemula Mandal, Nandyal District.
4. Mandal Surveyor, Gadivemula Mandal, Nandyal District.
5. Village Surveyor, Karimaddela Village, Gadivemula Mandal, Nandyal District.
6. Naga Reddy Sunki Reddy @ Gaddar, S/o. N. Nagi Reddy, R/o. H.No. 2- 30, Karimaddela Village, GadivemulaMandal, Kumool District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ,
Order or Direction, more
particularly a Writ of Mandamus, declaring the action of Respondent Nos. 3 to 5 in proceeding with the survey of the subject land in Sy.No.741 to an extent of Ac0.75cents in Karimaddela Village, Gadivemula Mandal, Nandyal District without considering the objections of the Petitioner, as illegal, arbitrary, unconstitutional and violative of principles of Natural Justice and Violation of Article 14, 21 and 300-A of the Constitution of India and Consequently direct the Respondents No. 3 to 5 to refrain from conducting any survey on Ac.0.06 cents of land owned by the Petitioner in Sy.No. 741, Karimaddela Village, Gadivemula Mandal, Nandyal District without following due process and affording the Petitioner an opportunity of hearing. •-V lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.3 to 5 to maintain status quo with respect to the subject land to an extent of AcO-06 Cents in Sy.No. 741, Karimaddela Village, Gadivemula Mandal, Nandyal District and refrain from conducting any survey until the final disposal of this writ petition. Counsel for the Petitioner: SRI. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent Nos. 1 & 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE The Court made the following order:
w APHC010116162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) [3328] mi WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6113/2025 Between: ...PETITIONER Dwaram Maddilety Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
WT' 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6113/2025
ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos. 3 to 5 in proceeding with the survey of the subject land in Sy.No.741 to an extent of Ac.0.75 cents in Karimaddela Village, Gadivemula Mandal, Nandyal District without considering the objections of the petitioner as illegal, arbitrary, unconstitutional and violative of principles of natural justice and Violation of Article 14, 21 and 300-A of the Constitution of India and Conseguently direct respondent Nos. 3 to 5 to refrain from conducting any survey on Ac. 0.06 cents of land owned by the petitioner in Sy.No.741, Karimaddela Village, Gadivemula Mandal, Nandyal District without following due process and affording the petitioner an opportunity of hearing and pass such other
order.
2. Heard the
learned counsel for the petitioner and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioner submits that the respondents have issued notice on 27.11.2024 for conducting survey in respect of the village gramakantam land in survey No.741, pursuant to the application submitted by the unofficial respondents. He further submits that pursuant to the notice, the petitioner submitted his objections for conducting survey. But without
▼ 3 considering the objections, the respondents are proceeding with the survey. Hence, the present Writ Petition.
4. On the other hand, learned Government Pleader for the respondents submits that the respondents proposed survey only pursuant to the application submitted by the 6'^ respondent. Once an application was submitted by any property holder, the respondents shall conduct survey as requested, as long as the request is in accordance with law. Pursuant to which, the impugned notice was issued to the petitioner and other twenty three members seeking for their presence for conducting survey and if any objections are submitted by the persons to whom the notice was issued, it could be considered by the respondents in accordance with law.
5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be
disposed of directing the respondents to proceed with the survey as per the provisions of the Andhra Pradesh Survey and Boundaries Act,
1923. The respondents are also
directed to consider the objections if any submitted by the petitioner and others to whom the notices were issued, if the survey is not already conducted and pass a speaking order within a period of two(2) months from the date of receipt oFcopy of this Order. If survey has already been conducted.
4
directed to submit the report and endorsement and others to whom the notice was issued, the Writ Petition is disposed of. the respondents are to the petitioner
6. With the above directions There shall be no order as to costs. miscellaneous application, pending, if any, shall As a sequel also stand closed.
Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// dr^fo^CER SE To, Department of Gram Panchayat, State of Pradesh, Secretariat Buildings, Karimaddela Village,
1. The Principal Secretary, Andhra Amaravathi.
2. The District Collector, Nandyal District. Officer, Gadivemula Mandal, Nandyal District.
3. The Mandal Revenue
4. The Mandal Surveyor, Gadivemula Mandal, Nandyal District.
5. The Village Surveyor, Karimaddela Village, Gadivemula Mandal, Nandyal District. Thathireddy Ashok Srivastava Advocate [OPUC] GP for Panchayat Raj Rural Dev, High Court Of Andhra
6. OneCCto Sri.
7. Two CCS to Pradesh. [OUT] High Court Of Andhra Pradesh. [OUT]
8. Two CCS to GP for Revenue,
9. Three CD Copies GSC
HIGH COURT DATED:12/03/2025
ORDER WP.No.6113 of 2025 § 26 MAR 2025 g Current Section DISPOSING OF THE WP WITHOUT COSTS 4: