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2025 DAILYLAW 23085 (AP)

VENKATESH v. The State of Andhra Pradesh,

WP/16321/2025 · 2025-07-02

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010324752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16321/2025 Between: 1. VENKATESH, S/O. K. MUDLAPPA AGED ABOUT 48 YEARS, RJO. D.NO.3-65, MARUVAPALLI, CHANDAKACHERELA, ANANTAPUR DISTRICT. 2. SRIDEVI, W/O. VENKATESH AGED ABOUT 43 YEARS, RJO. MARUVAPALLI, CHANDAKACHERELA, ANANTAPUR DISTRICT. 3. LAKSHMINARASAMMA, W/O. GOVINDARAJU AGED ABOUT 43 YEARS, R/O. RAJAVANTHI, TUMKUR DISTRICT, KARANATAKA STATE ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE), SECRETARIAT BUILDINGS, AMARAVATHI. 2. THE MANDAL SURVEYOR, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRICT. 3. THE TAHSILDAR, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRICT. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in conducting the survey, consequent to the Petitioner s Application No. 81431342862024, 81431293072024, 81431388712024, dt 06.03.2025 along with the challan of Rs.535/- in respect of the lands admeasuring an extent Ac.5-00Cents each in Sy.No.111-1A2B4/20 and Sy.No.111-9 and Ac.2.27Cents and Ac1.23cents in Sy.No.111-1/2 and in Sy.No.111- 11/85 respectively of of Chandakacherla village, Madakasira Mandal, Sri Sathya Sai District is illegal, arbitrary and contrary to the provisions of the A.P. Survey and Boundaries Act, 1923 and consequently direct the Respondents 2 and 3 to conduct the survey basing on the Application Receipt No.81431342862024, 81431293072024, 81431388712024, dt 06.03.2025 in respect of the lands admeasuring an 2 NV,J W.P.No.16321 of 2025 2 extent Ac.5-00Cents each in Sy.No.111- 1A2B4/20 and Sy.No.111-9 and Ac.2.27Cents and Ac1.23cents in Sy.No.111-1/2 and in Sy.No.111-11/85 respectively of of Chandakacherla village, Madakasira Mandal, Sri Sathya Sai District as expeditiously as possible preferably with in a period of 4 weeks and to pass such IA 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 & 3 to conduct the survey basing on the Application No. 81431342862024, 81431293072024, 81431388712024, dt: 06.03.2025 in respect of the lands admeasuring an extent Ac.5-00Cents each in Sy.No.111- 1A2B4/20 and Sy.No.111-9 and Ac.2.27Cents and Ac1.23cents in Sy.No.111-1/2 and in Sy.No.111-11/85 respectively of of Chandakacherla village, Madakasira Mandal, Sri Sathya Sai District as expeditiously as possible preferably with in a period of 4 weeks, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner(S): 1. P SRAVAN KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.16321 of 2025 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16321 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in conducting the survey, consequent to the Petitioner s Application No. 81431342862024, 81431293072024, 81431388712024, dt 06.03.2025 along with the challan of Rs.535/- in respect of the lands admeasuring an extent Ac.5-00Cents each in Sy.No.111-1A2B4/20 and Sy.No.111-9 and Ac.2.27Cents and Ac1.23cents in Sy.No.111-1/2 and in Sy.No.111- 11/85 respectively of of Chandakacherla village, Madakasira Mandal, Sri Sathya Sai District is illegal, arbitrary and contrary to the provisions of the A.P. Survey and Boundaries Act, 1923 and consequently direct the Respondents 2 and 3 to conduct the survey basing on the Application Receipt No.81431342862024, 81431293072024, 81431388712024, dt 06.03.2025 in respect of the lands admeasuring an extent Ac.5-00Cents each in Sy.No.111- 1A2B4/20 and Sy.No.111-9 and Ac.2.27Cents and Ac1.23cents in Sy.No.111-1/2 and in Sy.No.111-11/85 respectively of Chandakacherla village, Madakasira Mandal, Sri Sathya Sai District as expeditiously as possible preferably with in a period of 4 weeks.” 2. Admittedly, the petitioner made Online F-Line Applications for conducting survey of the land on 06.03.2025. But, no survey was conducted so far. 4 NV,J W.P.No.16321 of 2025 4 3. At the stage of admission, learned Assistant Government Pleader for Revenue, candidly admitted that the respondents had not conducted the survey as required, and requested to pass appropriate orders. 4. Recording the submission made by learned Assistant Government Pleader for Revenue, this Court deems it appropriate to issue direction to Respondent Nos. 2 & 3 to consider the Online F-Line Application made by the petitioner on 06.03.2025 and conduct survey within three (03) months from the date of receipt of copy of this order, in accordance with law, by following the procedure under Andhra Pradesh Survey and Boundaries Act, 1923. 5. With the above direction, writ petition is disposed of. No costs. 6. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 03.07.2025 SP 5 NV,J W.P.No.16321 of 2025 5 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16321/2025 Date:03.07.2025 W SP