Extracted from the PDF above. The PDF is authoritative.
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APHC010264292025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13265/2025 Between: Vulli Ramulu ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner:
1. CHETAN PONNURU Counsel for the Respondent:
1. GP FOR REVENUE The Court made the followingORDER:
1. The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief:
“..to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in not considering the petition filed by the petitioner under Section 164 BNSS, 2023 dated 06.01.2025 as well as 16.01.2025 is illegal, arbitrary and oppose to all cannons of justice and contrary to Article 300-A of the Constitution of India
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consequentially direct the respondents to consider the petitions dated 06.01.2025 as well as 16.01.2025 and pass such order...”
2. The learned counsel for the petitioner submits that the petitioneris the owner and possessor of an extent of 0.50 cents in Survey No.216/5 in Darsi village and Mandal under a registered sale deed in Document No.6280/2007, dated 31.12.2007. It is further, the fact remains that the 5th respondent is also having the landed property abutting to petitioner’s land in an extent of 0.50 cents on western side. The petitioner,along with 5th respondent approached the revenue authorities i.e., the 3rd respondent, and applied for conversion of the land from agricultural to non-agricultural use for the total extent of Ac.1.00 cents in Sy No. 216/5 in Darsi Village and Mandal by paying the conversion fee and the same was accepted by the 3rd respondent vide Proceedings No.739/2011, dated 07.06.2011, under A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. The petitioner further submits that, as per the agreed terms, the petitioner and the 5th respondent had planned and parted the layout to sell plots to intending purchasers. However, the respondent No.5 without abiding to his own promise made a deviation with regard to the boundary to the layout in question for his illegal benefit. ::3::
3.
The petitioner submit that, as per advice in the earlier point of time he approached the 4th respondent herein by making an application U/s 164 of BNSS Act, 2023 which is pari-materia to section 145 of Cr.P.C. to initiate action to curb the illegal acts of the 5th respondent in alienating the property to the innocent intending purchasers without disclosing the issue of the boundary representationunder Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023on 06.01.2025 and 16.01.2025. However, till to date no action has been initiated. Hence, this writ petition has been filed. 4. 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 representationsof the petitioner under Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023dated 06.01.2025 and 16.01.2025. 5. The Learned Standing Counsel for Respondents readily agreed to consider the representation of the petitioner under Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023dated 06.01.2025 and 16.01.2025, if any pending with the authorities. 6. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. ::4::
7. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material available on record, this court is of the considered view that, the present writ petition can be disposed of by directing the 4th respondent here shall consider the representation under Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023 dated 06.01.2025 and 16.01.2025and pass appropriate order in accordance with law within a period of the two (02) months from the date of the receipt of the copy of this order. 8. With the above direction, the writ petition is disposed of. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J
09.05.2025
RMD
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 13265 of 2025
09.05.2025
RMD