Chittoory Vishwanadha Swamy v. The State of Andhra Pradesh
WP/15455/2025 · 2025-06-26
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21125 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21125 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ APHC010298262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNEi^^"^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15455 OF 2025 Between:
1. Chittoory Vishwanadha Swamy, S/o.Late Chittoory Swami, Aged about 63 years, Occ; Cultivation, R/o. D.No.27-4-3,Temple Street, Kakinada, East Godavari District, Andhra Pradesh-53300. 2. Chittoory Venkata Madhumathi, W/o. Chittoory Vishwanadha Swamy, Aged about 56 years, Occ: Housewife, R/o. D.No.27-4-3,Temple Street, Kakinada, East Godavari District, Andhra Pradesh-53300. 3. Chittory Krishna Chaitanya, S/o. Vishwanadha Swamy Aged about 30 years, Occ: Private Employee, R/o. D.No.27-4-3,Temple Street, Kakinada, East Godavari District, Andhra Pradesh-53300. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Kakinada District at Kakinada (formerly East Godavari) Andhra pradesh. 3. The Dy. Inspector of Survey, O/o. Revenue Divisional Officer, Kakinada Division, Kakinada. 4. The Tahsildar, U.Kothapalli Mandal, Kakinada District,Andhra pradesh
5. The Mandal Surveyor, O/o. Tahsildar, U.Kothapalli Andhra Pradesh. 6. The Village Revenue Officer, Ramanakkapeta, U.Kothapalli Mandal, Kakinada District, Andhra Pradesh. Kakinada 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus challenging the actions of respondents no.3 and 4 in not conducting the survey and fix the F- line by considering the dated 17.02.2023, Mee-seva application number FSNV012300067878 Application No. FSNV012300132577, Application FSNV012300132497 and Application no.FSNVOI 2300132543 dated 26.04.2023 in violation to the procedure particularly under the A.P Surveys and Boundaries Act 1923 is illegal, arbitrary, unjust and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to conduct the survey and fix the boundaries of the petitioners property and remaining property in sy no.82 of Ramanakkapeta, U.Kothapalli Mandal, Kakinada District of and for other reliefs.
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 respondents No.5 & 6 to conduct the survey of the petitioners land situated in Ramanakkapeta Village, U.Kothapalli Mandal, in sy no.82 and dispose the applications pending disposal of the above writ petition. Counsel for the Petitioners: SRI DASARI S. V. V. S. V. PRASAD Counsel for the Respondents; GP FOR REVENUE The Court made the following order:
• • I • • • • -L • • APHC010298262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY .THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15455/2025 Between: 1.CHITTOORY VISHWANADHA SWAMY,, S/O.LATE CHITTOORY SWAMI, AGED ABOUT 63 YEARS, OCC- CULTIVATION, R/0 D.NO.27-4-3,TEMPLE STREET, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH-53300 2.CHITTOORY VENKATA MADHUMATHI,, W/0. CHITTOORY VISHWANADHA SWAMY, AGED ABOUT 56 YEARS, OCC- HOUSEWIFE, R/0 D.N0.27-4-3,TEMPLE STREET, KAKINADA. EAST GODAVARI DISTRICT, ANDHRA PRADESH-53300 3.CHITTORY KRISHNA CHAITANYA, S/0 VISHWANADHA SWAMY AGED ABOUT 30 YEARS, OCC- PRIVATE EMPLOYEE, R/0 D.NO.27-4-3,TEMPLE STREET, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH-53300 ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS. VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KAKINADA DISTRICT AT KAKINADA (FORMERLY EAST GODAVARI) ANDHRA PRADESH. 3.THE DY INSPECTOR OF SURVEY, 0/0 REVENUE DIVISIONAL OFFICER, KAKINADA DIVISION, KAKINADA. 4.THE TAHSILDAR, U.KOTHAPALLI MANDAL, KAKINADA DISTRICT.ANDHRA PRADESH 5.THE MANDAL SURVEYOR. 0/0 TAHSILDAR,
2 U.KOTHAPALLI PRADESH. KAKINADA DISTRICT, ANDHRA 6.THE VILLAGE REVENUE OFFICER, RAMANAKKAPETA PrTdeTh KAKINADA DISTRICT, ANDHRA ...RESPONDENT(S): This Court made the following ORDER - This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
1. to may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus challenging the actions of respondents no. 3 and 4 in not conducting the survey and fix the F- line by considering the Mee- seva application number FSNV012300067878 dated 17.02.2023, FSNV012300132577, FSNV012300132497 no.FSNVOI2300132543 dated Application No. Application Application . . 26.04.2023 in violation to the procedure particularly under the A.P Surveys and Boundaries Act 1923 is illegal arbitrary, unjust and violation of Article 14, .
and 300-A of the Constitution of India consequently direct the respondent No. 5 to conduct the survey and fix the boundaries of the petitioners property and remaining property in sy no 82 of Ramanakkapeta, U.Kothapalli Mandal, Kakinada District of and for other reliefs and to and 19, 21 and pass
2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue respondents. appearing for the
3. The learned counsel for the petitioners submits that petitioners made F-line applications dated the 17-02-2023 and
\ 3 26.04.2023 seeking for conducting survey and fixing the boundaries in respect of the land in Sy.No.82 of Ramanakkapeta, U.Kothapalli Mandal, Kakinada District. Even after receipt of the petitioners’ F- line applications dated 17-02-2023 and 26.04.2023, the respondent authorities neither considered nor conducted the survey, nor did they issue any further proceedings. Hence, the present writ petition. The learned Assistant Government Pleader for Revenue
4. appearing for the respondents readily agreed to consider the F-line applications dated 17-02-2023 and 26.04.2023 of the petitioners and pass appropriate
order in accordance with law within a reasonable time. Having regard to the submissions made by the learned
5. counsel for the petitioner and the learned Assistant Government 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 F-line applications dated 17-02- 2023 and 26.04.2023 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 petitioners and other
4 stake holders if any, within a period of three (03) months from the date of receipt of copy of this Order.
6. 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 Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi, Guntur District.
2. The District Collector, Kakinada District at Kakinada (formerly East Godavari) Andhra Pradesh.
3. The Dy Inspector of Survey, O/o. Revenue Divisional Officer, Kakinada Division, Kakinada.
4. The Tahsildar, U.Kothapalli Mandal, Kakinada District,Andhra pradesh Kakinada District,
5. The Mandal Surveyor, O/o. Tahsildar, U.Kothapalli, Andhra Pradesh.
6. The Village Revenue Officer, Ramanakkapeta, U.Kothapalli Mandal Kakinada District, Andhra Pradesh.
7. One CC to Sri Dasari S. V. V. S. V. Prasad, Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
9. Two CD Copies Cnr
HIGH COURT DATED:27/06/2025 roP
ORDER WP NO. 15455 OF 2025 o X I T JUl 3025 o 09 Curreni beciion DISPOSING OF THE W.P.
WITHOUT COSTS