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2025 DAILYLAW 11606 (AP)

KALI RAMARAO v. THE STATE OF ANDHRA PRADESH

WP/6851/2025 · 2025-03-18

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010134792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6851/2025 Between: Kali Ramarao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. ALLA TARUN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6851 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “ to issue a Writ, Order or direction particularly one in the nature of writ of Mandamus declaring the action of Respondent Nos. 2 to 5 in attempting to conduct a survey and fix the boundaries of the land measuring to an extent of Ac.1.16 cents in R.S.No.191/2A and an extent of Ac.1.50 cents in R.S.No.191/2B, situated in Ramaraogudem Village,Denduluru Mandal,Eluru District without giving notice to the petitioners and under the influence of Respondent Nos.6 and 7.This action is being undertaken despite the existence of a civil dispute in O.S.No.99/2024, which is pending adjudication before the Hon’ble Additional Civil Judge (Senior Division),Eluru. The said actions are arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to conduct a survey and fix the boundaries of the land until the outcome of the civil suit and to pass such other order or orders...” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioners herein is that the respondent Nos. 2 to 5 herein are proposing to conduct survey in respect of land admeasuring to an extent of Ac.1.16 cents in R.S.No.191/2A and an extent of Ac.1.50 cents in R.S.No.191/2B situated at Ramaraogudem Village, Denduluru Mandal, Eluru District without issuing any notice to the petitioners and without following procedure as contemplated under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923. Hence, writ petition. 4. On the other hand, learned Government Pleader submits that if the respondents are proposing to conduct survey they shall follow due procedure as contemplated under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923. 5. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents, on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents if the respondents intend to conduct survey in respect of the subject proerty, they shall follow the due procedure as contemplated under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923, after issuing notices to all the parties concerned by mentioning time and date, in accordance with law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 18.03.2025 BSP 157 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6851 of 2025 18.03.2025 BSP