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2025 DAILYLAW 21344 (AP)

Bellapukonda Uma Devi, v. The State of Andhra Pradesh

WP/15703/2025 · 2025-06-26

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f APHC010301432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 75' fit > O, o FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15703 OF 2025 Between: 1. Bellapukonda Uma Devi, W/o BVB Subbaraju, Aged about 42 years, Occ. Business, R/o D.No.30-2-50/l,Totavari Veedhi, Dhanamma Talli Temple, Ramachandrapuram, East Godavari Distriet. 533 255. 2. Bellapukonda Venkata Bheemeswara Subba Raju, S/o Ramachandra Raju, Aged about 47 years Occ: Business, R/o D.No.30-2-50/1, Totavari Veedhi, Dhanamma Talli Temple, Ramachandrapuram, East Godavari District. 533 255. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 2. The Collector, East Godavari District. 3. The Revenue Divisional Officer, Peddapuram Division, East Godavari District. 4. The Tahasildar, Thondangi Mandal, ast Godavari District. (Now Kakinada District) 5. The Superintendent of Police, East Godavari District. (Now Kakinada District) Officer, Thondangi Police Station, Thondangi 6. The Station House li/landal. East Godavari District. (Now Kakinada District). ...RESPONDENTS under Article 226 of the Constitution of India praying that in the Petition circumstances stated in the affidavit filed therewith, the High Court may be direction more particularly one in pleased to issue appropriate writ, order Writ of Mandamus, directing the 3'^^ and 4^^ respondents to or the nature of conduct the survey in pursuant to the notices dated 15-05-2025, 22-05-2025 extent of Acer 28.40 cents and 28-05-2025. In revenue survey No. 754 to an considering the representation of the petitioner dated 04-06-2025 by dully given to the and 4*^ respondent. 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 to direct the 3^" and 4'^ respondents take immediate action on the representation dated 04-06-2025 given by the petitioners forthwith. Counsel for the Petitioners: SRI CHALLA AJAY KUMAR Counsel for the Respondent Nos.1 to 4:GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: GP FOR HOME The Court made the following order: 1 APHC010301432025 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: 15703/2025 Between: 1.BELLAPUKONDAUMA DEVI,, W/0 BVB SUBBARAJU, AGED ABOUT R/0 D.NO.30-2-50/L,TOTAVARI DHANAMMA TALLI TEMPLE, RAMACHANDRAPURAM, 42 YEARS, OCC. BUSINESS VEEDHI EAST GODAVARI DISTRIET. 533 255. 2.BELLAPUKONDA VENKATA BHEEMESWARA SUBBA RAJU,, S/0 RAMACHANDRA RAJU, AGED ABOUT 47 YEARS, OCC. BUSINESS, R/0 D.NO.30-2-50/1, TEMPLE, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. 533 255. TOTAVARI VEEDHI, DHANAMMA TALLI ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2.THE COLLECTOR, EAST GODAVARI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM DIVISION, EAST GODAVARI DISTRICT. AST GODAVARI 4.THE TAHASILDAR, THONDANGI MANDAL, DISTRICT. (NOW KAKINADA DISTRICT) 5.THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT. 2 (NOW KAKINADA DISTRICT) 6.THE STATION HOUSE OFFICER, THONDANGI POLICE THONDANGI MANDAL, KAKINADA DISTRICT). STATION, EAST GODAVARI DISTRICT. (NOW ...RESPONDENT(S): 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 tomay be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the 3rd and 4th respondents to conduct the r 2025, 22-05-2025 and 28-05-2025. In survey in pursuant to the notices dated 15-05- . ) revenue survey No. 754 to an extent of Acer 28.40 cents by dully considering the representation of the petitioner dated 04-06-2025 given to the 3rd and 4th respondent and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 3rd and 4th ,, respondents take immediate action on the representation dated 04-06-2025 given by the petitioners forthwith and be pleased to pass Counsel for the Petitioner(S): 1. CHALLA AJAY KUMAR Counsel for the Respondent(S); 1.GP FCR HCME 2.GP FCR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15703/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “..may be pleased to issue appropriate writ, order or direction more particularly one In the nature of Writ of Mandamus directing the 3'^ and 4^^ respondents to conduct the survey in pursuant to the notices dated 15.05.2025 22.05.2025 and 28.05.2025 in revenue survey No.754 to an extent of Acer 28.40 cents by dully considering the representation of the petitioner dated 04.06.2025 given to the 3''^ and 4^^ respondent and pass.” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents. 3. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation dated 04.06.2025 filed by the petitioners. 4. Learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 4*'^ respondent dated 26.06.2025, wherein it is stated as follows; “... It is further submitted that the survey notices issued to the pefftiohers and neighbor land owners for conduct of survey dated on 28.06.2025 under Section 23 of “AP 4 1923" to settle land Survey and Boundaries Act, ownership dispute of the petitioners. In this connection, it is to submit that survey will be the date mentioned above further action will conducted on be taken as per rules... above instructions, learned Assistant for Revenue readily agreed to dispose of the dated 04.06.2025, if any pending with the 5. Relying on the Government Pleader representation respondents. of the submission of the learned Assistant 6. In view Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court view of the Government is conscious that no such direction be issued, in The Government of India v. judgment of the Apex Court in P.Venkatesh make for a quick or easy disposal of cases adjudicatory institutions. But, they do not serve to the cause of learned counsel for the petitioners himself requested dispose of the representation dated 04.06.2025, this Court find no other alternative except to issue wherein the Apex Court held that such orders may in overburdened u, justice. As the a direction to to issue such direction. 2019 (8) SCALE 544 5 7. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 04.06.2025filed by the petitioners, after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To Revenue Department, State of Andhra Secretariat Buildings, 1. The Principal Secretary Pradesh, Government of Andhra Pradesh Velagapudi Guntur District. 2. The Collector, East Godavari District. 3. The Revenue Divisional Officer, Peddapuram Division, East Godavari District. 4. The Tahasildar, Thondangi Mandal Kakinada District) 5. The Superintendent of Police, East Godavari District. (Now Kakinada District) 6. The Station House Officer, Thondangi Police Station, Thondangi Mandal, East Godavari District. (Now Kakinada District). 7. One CC to Sri Challa Ajay Kumar, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ast Godavari District. (Now ssb 0<l< HIGH COURT DATED:27/06/2025 ORDER WP No.15703 OF 2025 disposing of the w.p. without costs