IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE 7 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7211 OF 2025 Between: E. Santhakumar, S/o. Late E. Purusotham, Aged about 49 years, Occ: Cultivation, R/o. Mallavaram Revenue Village, Renigunta Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Tirupati District at Tirupati. 3. The Revenue Divisional Officer, Tirupathi District. 4. The Tahsildar, Renigunta Mandal, Renigunta, Tirupati District. 5. The Station House Officer, R. Mallavaram Police Station, Renigunta Mandal, Tirupati 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 order or orders more particularly one in the nature of the writ of mandamus, by declaring the action of the Respondent No.2 to 4 in conducting the survey to the Petitioner land in Sy.No.301/1 to an extent of Ac.0.16 cents, situated at R. Mallavaram Village, Renigunta Mandal, Tirupathi District, without issuance of prior notice, is illegal, arbitrary, unjust, violation of rights guaranteed by the Constitution of India, and Violation of Article 14, 19, 22 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2 to 4 to not to interfere with the petitioners land in Sy.No.301/1 to an extent of Ac.0.16 cents, situated at R. Mallavaram Village, Renigunta Mandal, Tirupathi District, to the third parties, pending disposal of the above writ petition. Counsel for the Petitioner: SRI CH. VENKAT RAMAN Counsel for the Respondent Nos. 1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME The Court made the following: ORDER 1 APHC010130432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7211/2025 Between: ...PETITIONER E Santhakumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CH VENKAT RAMAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief: “to issue an order or orders more particularly one in the nature of the writ of mandamus by declaring the action of the Respondents No.2 to 4 in conducting the survey to the Petitioner land in Sy.No 301/1 to an extent of Ac.0.16 cents situated at R.Mallavaram Village, Renigunta Mandal, Tirupathi District without issuance of prior notice is illegal, arbitrary 2 unjust violation of rights guaranteed by the Constitution of India and Violation of Article 14, 19, 22 of the Constitution of India and pass such order or orders...” The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land, admeasuring to an extent of Ac. 0.16 cents in Sy. No. 301/1, situated at R. Mallavaram Village, Renigunta Mandal, Tirupati District. The subject land was assigned to the ancestors of the petitioner, and he was also issued a possession certificate dated 02.08.1988 in the favor of petitioner’s father. After demise petitioner’s father, the petitioner has been in continuous possession and enjoyment of the subject property. However, certain land grabbers are trying to unlawfully occupy the petitioner's property. For which, the petitioner instituted Suit O.S. No. 492 of 2023 before the Additional Junior Civil Judge at Tirupati, and injunction order in I.A. No. 175 of 2023 was granted in his favor. Despite the court's order, the land grabbers continue to make attempts to encroach the subject land of the petitioner. To address this issue, the petitioner submitted a representation to the 2nd respondent on 10.02.2025, requestingto take action against the encroachers. However, on 06.02.2025, respondents Nos. 3 and 4 conducted a survey of the subject property without obtaining the petitioner's consent, without issuing any prior notice, and without considering the petitioner's representation dated 10.02.2025, which is contrary to law. Hence, the present writ petition. 2. an V. I 3 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider the representation dated 10.02.2025 of the Petitioner. 4. Learned Standing Counsel for Respondents readily agreed to consider the representation of the petitioner dated 10.02.2025, if any pending with the authorities. Heard the learned counsel for the petitioner and the learned 5. Government Pleader for Revenue appearing for the respondents. 6. In view of the submission of the learned Standing Counsel for Respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh"”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to consider 2019 (8) SCALE 544 :4 the representation 10.02.2025, this Court find issue such direction. no other alternative except to 5. In the result, the writ petition is disposed of, directing the respondents dispose of the representation 10.02.2025 of the Petitioner to within three (03) months from the date of receipt of a copy of this order by passing a speaking order. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To. SECTION OFFICER State of Andhra Amaravathi, Guntur District, Secretary, Revenue Department Andhra Pradesh Ve'agapudi 2. The District Collector, Tirupati District at Tirupati. 3. The Revenue Divisional Officer, Tirupathi District. 4. The Tahsildar. Renigunta Mandal Renigunta, Tirupati District Mandt Tirapa°ti Dis'^r Station, Renigunta 6. One CC to Sri Ch. Venkat Raman Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CCs to GP for Home. High Court of Andhra 9. Three C.D. Copies. Pradesh. [OUT] Pradesh. [OUT] Cnr HIGH COURT DATED:21/03/2025 ORDER SfAMOiBg S’ 07 APR 2025 Current Section ^4£ffSPATC^ WP.No.7211 of 2025 C9i DISPOSING OF THE W.P. WITHOUT COSTS