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2025 DAILYLAW 15376 (AP)

Lalam Srinivas Rao, v. The State of Andhra Pradesh

WP/9837/2025 · 2025-04-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9837 OF 2025 m s © w Between: Ulam Srinivas Rao, S/6 Krishna Rao, aged about 50 years YSR Nagar, Atchuthapuram Mandal, R/o H.No.3-53, Pudi, Rambiili Mandal Pudi, Pudimadaka, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagupudi, Guntur District. 2. The District Collector, Anakapalle District. 3. The Special Grade Deputy Collector, APIIC, R and R, Atchutapuram, Anakapalle District. 4. The Special Deputy Collector, Land Acquisition, APIIC, Visakhapatnam 5. Zonal Manager, APIIC, Atchuthapuram Anakapalli. 6. The Tahsildar, Atchutapuram Mandal, Anakapalle District. 7. The Revenue Divisional Officer, Atchutapuram Mandal, Anakapalle District. 8. Circle Inspector of Police. Atchutapuram Police Station Anakapalli. 9. Masarapu Ammaji, W/o Appala naidu, age not known, Pudi Village, R and R colony, R/o D No.2-47, YSR nagar Panchayathi, Atchutapuram Mandal, Anakapalle District PIN 531011. ...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 appropriate writ or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondent no.2 to 6 in not conducting the survey to fix boundaries of the plot admeasuring Ac. 0.05 Cts, (242 Sq yards) bearing patta no. 1118 of the petitioner, situated in Vedurawada, Atchuthapuram Mandal, YSR nagar Gram Panchayat, R and R colony, Pudi, Anakapalli District as highly arbitrary and unconstitutional and consequentially to direct the Respondents no. 2 to 6 to conduct the survey and fix the boundaries of plot bearing patta no. 1118 of the petitioner, situated in Vedurawada, Atchuthapuram Mandal, YSR nagar Gram Panchayat, R and R colony, Pudi, Anakapalli District, to enable the petitioner to protect his plot from encroachers. r- •.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 may be pleased to direct the respondents 2 to 6 to conduct survey and fix the boundaries of plot admeasuring Ac. 0.05 Cts, (242 Sq yards) bearing patta no. 1118 of the petitioner, situated in Vedurawada Atchuthapuram Mandal, YSR nagar Gram Panchayat, R & R colony, Pudi, Anakapalli District, forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI T M K CHAITANYA Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR HOME The Court made the following order: •-\r- APHC010194472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9837/2025 THE Between: ...PETITIONER Lalam Srinivas Rao, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T M KCHAITANYA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR LAND ACQUISITION The Court made the following: HONOURABLE SRI JUSTICE VENKATESWARLU NINIKIAGADDA THE WRIT PETITION NO:9837/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; ‘to issue appropriate writ or direction more particularly one of writ of mandamus declaring the impugned action in the nature of the respondent Nos.2 to 6 in not conducting the survey to fix boundaries of the plot admeasuring Ac. 0.05 Cts (242 Sq.yards) bearing patta No.1118 of the petitioner situated in Vedurawada Mandal, YSR nagar Gram Panchayat, R and R highly arbitrary and Atchuthapuram colony, Pudi, Anakapalli District unconstitutional and consequentially to direct the Respondents as Nos. 2 to 6 to conduct the survey and ifx the boundaries of plot bearing patta No.1118 of the petitioner situated in Vedurawada, Mandal, YSR nagar Gram Panchayat, R and R Atchuthapuram colony, Pudi, Anakapalli District to enable the petitioner to protect his plot from encroachers and to pass such other order or orders.... learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 2. Heard made several allegations against the Though the petitioner 3. respondents, during hearing, learned counsel for the petitioner requested this to issue a direction to the of the F-line application dated Court, without touching the merits of the case respondents to consider and dispose 17.03.2025 sotjmitted by the petitioner requesting for conducting survey and ■'N to fix boundaries of the plot admeasuring to an extent of 0.05 cents (242 No.1118 of the petitioner situated in Vedurawada, Sq.yds), bearing patta Atchuthapuram Mandal, YSR nagar Gram Panchayat, R and R colony, Pudi, Anakapalli District 4. Learned Government Pleader for Revenue readily agreed to dispose of the F-line application dated 17.03.2025 submitted by the petitioner pending with the authorities, within a reasonable time. In view of the submission of the learned Government Pleader for this Court need not decide the truth or otherwise of the allegations that no such direction be issued, The Government of India v. 5. Revenue made in the petition. This Court is conscious in view of the judgment of the Apex Court in wherein the Apex Court held that such orders may make for a i„ P.Venkatesh quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the a direction to dispose of the F-line other alternative except to petitioner himself requested to issue application dated 17.03.2025, this Court find no issue such direction. In the result, the writ petition is disposed of, directing the respondents to of the F-line application dated 17.03.2025, after providing opportunity of hearing to all the parties concerned, within a period of 6. consider and dispose 2004 (1) see 769 two (02) months from the date of receipt of a copy of this order. There shall no order as to costs. be Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ SD/-KTATA RAO deputy registrar //TRUE COPY// ^EC^'N OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagupudi, Guntur District. The District Collector, Anakapalle District. The Special Grade Deputy Collector, APIIC, R and R, Atchutapuram, Anakapalle District The Special Deputy Collector, Land Acquisition, APIIC, Visakhapatnam Zonal Manager, APIIC, Atchuthapuram Anakapalli The Tahsildar, Atchutapuram Mandal, Anakapalle District The Revenue Divisional Officer, Atchutapuram Mandal, Anakapalle District 1. 2. 3. 4. 5. 6. 7. Circle Inspector of Police, Atchutapuram Police Station Anakapalli One CC to Sri T M K Chaitanya, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 8. 9. 10. [OUT] Two CD Copies 11. RAM HIGH COURT DATED:22/04/2025 0 01 MAr 2025 Current Suction . ORDER WP.No.9837 of 2025 DISPOSING OF THE WP WITHOUT COSTS