Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 20932 (AP)

DUVVU RAJU BABU v. THE DISTRICT COLLECTOR

WP/14992/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Ar- APHC010295972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14992 OF 2025 Between: 1. Duvvu Raju Babu, aged about 30 years, S/o. Guruvulu Resident of Thudam Village Hamlet of Annavaram, Bhasavanaipalem, Vizinagaram District, Andhra Pradesh. 2. Sri Duvvu Ramakrishna, S/o. Guruvulu aged about 37 years. Resident of Thudam Village Hamlet of Annavaram, Bhasavanaipalem, Vizinagaram District, Andhra Pradesh. 3. Sri Duvvu Suresh, S/o. Guruvulu, aged about 20 years. Resident of Thudam Village Hamlet of Annavaram, Bhasavanaipalem, Vizinagaram District, Andhra Pradesh. ...Petitioners AND 1. The District Collector, Visakhapatnam. 2. Tahsildhar, Bheemunipatnam. 3. Mandal Surveyor, Bheemunipatnam 4. Smt. Duvvi Appayamma, W/o. Late Narasayya, Aged about 70 years, Thudam Village, Hamlet of Annavaram, Bhasavanaipalem, Vizinagaram District, Andhra Pradesh. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Guntur District, A.P. Velagapudi, Amaravathi A : ...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 Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of respondents 1 to 3 in not taking action on my representations Dt. 04-03-2024,16-05-2024, 20-01-2025, 21-02-2025 and F-line application Dt. 23-01-2025 is illegal, arbitrary and violation of Article 14 and 21 of Constitution of India and also violation of the principles of Natural justice consequently direct the respondents 1 to 3 to conduct survey and the rectify the extent with reference to the documents of the petitioners and the 4*^^ respondent with the aid of police Bheemunipatnam in accordance with law. 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 3rd respondent to provide police Aid in conducting survey of the subject land in S. No. 74/2 of Thudam Village of Annavaram Gram Panchayat, in accordance with law. Counsel for the Petitioners: SRI S.MOHANA RAO Counsel for the Respondent Nos.1 to 3 & 5: GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court made the following order: ..1.. • • X • • APHC010295972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14992/2025 Between: Duvvu Raju Babu and Others ...PETITIONER(S) AND The District Collector and Others Counsel for the Petitioner(S): 1.S.MOHANA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE This Court made the following ORDER:- ...RESPONDENT(S) 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: 'to issue Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of respondents 1 to 3 in not taking action on my representations Dt. 04-03-2024,16-05-2024, 20- 01-2025,21-02-2025 and F-line application Dt. 23-01- 2025 is illegal, arbitrary and violation of Article 14 and 21 of Constitution of India and also violation of the principles of Natural justice consequently direct the respondents 1 to 3 to conduct survey and 6the rectify the extent with reference to the documents of the petitioners and the 4th respondent with the aid of police Bheemunipatnam in accordance with law and pass” 2 Heard the learned counsel for the petitioners and the learned 2. Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioners submits that the petitioners filed representations dated 04-03-2024, 16-05-2024, 20- 01-2025, 21-02-2025 and F-line application Dt. 23-01-2025 seeking for conducting survey and fixing the boundaries in respect of the petitioners’ land admeasuring to an extent of Ac.0.38 cents in Sy. No. 74/2 situated at Thudam Village, Annavaram Grama panchayat and Bheemunipatnam Mandal, Vizianagaram District. Even after receipt of the petitioners’ representations and F-line application, the respondents neither considered them nor conducted the survey, nor did they issue any further proceedings. Hence, the present writ petition. 4. The learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 21.06.2026 issued by the 2"^ respondent wherein it is stated as follows:- {5)“Reasons why application could not be considered: I submit that as per the Settlement Fair Adangal of Annavaram Village, the subject land in V 3 Sy.No. 74/2 measuring a total extent of Ac.3.87Cts stands classified as Sarkar- Punja, registered in the name of Sri Chilukoti Appalaswamy and 03 others vide Patta.No.155. I submit that a field level inspection was conducted by this office field team comprising Mandal Deputy Surveyor, Bheemunipatnam, Village Revenue Officer, Annavaram and Village Surveyor, Annavaram in the presence of the Writ Petitioners. As per the physical boundaries shown by them during the inspection, the extent under their possession measures only Ac.0.357Cts covered In Sy. No. 74/2 of Annavaram Village, Bheemunipatnam Mandal. It is evident that no physical evidence or boundary alignment was found to substantiate their claim for the additional extent of Ac.0.03Cts In Sy.No.74/2. As per the boundaries shown by them, it is revealed that their physical possession Is limited to an existing extent of Ac.0.357 Cts only. (6) I submit that as the Writ Petitioners claim for the additional extent of Ac.0.03Cts in Sy.No.74/2 of Annavaram Village, Bheemunipatnam is not substantiated by either possession or boundaries shown by them. As such, their claim for the additional extent cannot be considered and the same was Intimated to them through an endorsement Issued vide SR.No.157/B, dt:03.04.2025 in pursuance to their PGRS grievance application made vide NO.VSP202501201378, dt:20.01.2025". Having regard to the submissions made by the learned 5. counsel for the petitioner and the learned Assistant Government 4 Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the respondents to consider the representations dated 04-03-2024 16-05-2024, 20-01-2025, 21-02-2025 and F-line application Dt. 23- 01-2025 of the petitioners and pass appropriate orders as per the provisions of the Survey and Boundaries Act, 1923, after providing an opportunity of hearing to the petitioner and other stake holders if any, within a period of two (02) months from the date of receipt of copy of this Order. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The District Collector, Visakhapatnam 2. Tahsildhar, Bheemunipatnam. 3. Mandal Surveyor, Bheemunipatnam 4. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi. Guntur District One CC to Sri S.Mohana Rao, Advocate [OPUC] ^ f. Two CCs to , A.P. GP for Revenue, High Court of Andhra Pradesh [OUT] TS. Two CD Copies Cnr HIGH COURT DATED:24/06/2025 ORDER WP NO. 14992 OF 2025 X 71 JUI. 2025 vO.^ Current iiection I mi I • m 03 DISPOSING OF THE W.P. WITHOUT COSTS