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2025 DAILYLAW 24374 (AP)

RUTTALA SANYASI RAO v. THE STATE OF ANDHRA PRADESH

WP/17395/2025 · 2025-07-13

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010343462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 7 *01 TS MONDAY, THE FOURTEENTH DAY OF JULi|'a ;-5 TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17395 OF 2025 Between: Ruttala Sanyasi Rao, S/o late Kondaiah, Aged 72 years, Occ: Ex-Servicemen, R/o D.No.2-19/350 G111, G-Block, Sri Varshini Apartment, Behind DRTS, Appannapalem Village, Vepagunta Mandal, Visakhapatnam District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat building, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Anakapalli District. 3. The Revenue Divisional Officer, Narsipatnam Mandal, Anakapalli District. 4. The Tahsidar, Kotauratia, Anakapalli 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 a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the inaction of declaring the action of the respondents in not conducting the survey and fixing the boundaries of the petitioners land in Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District as illegal, arbitrary, contrary to the provision of Survey and boundaries Act and rules made there under and as well as violation of fundamental rights guaranteed under the constitution of India and consequently direct the respondent No.4 to conduct the survey and fix the boundaries of the petitioners Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District. land in 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 respondent No.4 to conduct the survey and fix the boundaries of the petitioner's land in Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District pending disposal of the above writ petition. Counsel for the Petitioner: SRI MADHU SUDHAN P Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010343462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17395/2025 Between; 1.RUTTALA SANYASi RAO, S/0 LATE KONDAIAH, AGED 72 YEARS, OCC EX-SERVICEMEN, R/0 D.NO.2-19/350 G111, G-BLOCK, SRI VARSHINI APARTMENT, BEHIND DRTS, VILLAGE, VEPAGUNTA MANDAL VISAKHAPATNAM DISTRICT ANDHRA PRADESH. APPANNAPALEM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARIAT REVENUE DEPARTMENT SECRETARY, BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM MANDAL, ANAKAPALLI DISTRICT. 4.THETAHSIDAR, KOTAURATIA, ANAKAPALLI 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 to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the inaction of declaring the action of the respondents in not conducting the survey and fixing the boundaries of the petitioners land in Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District as illegal. j 2 arbitrary, contrary to the provision of Survey and boundaries Act and rules made there under and as well as violation of fundamental rights guaranteed under the constitution of India and consequently direct the respondent No.4 to conduct the survey and fix the boundaries of the petitioners land in Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District and to pass 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 respondent No.4 to conduct the survey and fix the boundaries of the petitioner's land in Sy.No.478-1 an extent of 4.92 cents, situated at Panduru Village, Kotauratia Mandal, Anakapalli District pending disposal of the above writ petition and to pass Counsel for the Petitioner; 1.MADHU SUDHAN P Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER; Heard Sri P.Madhusudhan, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. The grievance of the petitioner is that at the request made by the petitioner to conduct survey and demarcate the boundaries in respect of an extent of Ac.4-92 cents in Sy.No.478-1 of Panduru Village, Kotauratia Mandal, Anakapalli District, in pursuance of F-line application (Ex.P.1), the respondent authorities failed to act upon. 2. Learned counsel for the petitioner would submit that the petitioner was assigned D-form patta on 18.10.2007 in respect of an extent of Ac.4-92 cents in Sy.No.478-1. The revenue authorities updated the Record of Rights and issued a Pattadar Pass Book and Title Deed. The petitioner made an F-line 3. 3 application dated 20.05.2025 by paying the requisite fee to fix the boundaries. However, the 4**" respondent has not conducted a survey so far. Learned Assistant Government Pleader on instructions would submit that the 4*'^ respondent will follow the procedure mandated under the A.P.Survey and Boundaries Act, 1923. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 4‘^ respondent to conduct survey and demarcate the boundaries in respect of the petitioner’s property to an extent of Ac.4-92 cents in Sy.No.478-1 of Panduru Village, Kotauratia Mandal, Anakapalli District, strictly adhering to the procedure under the Act, 1923 by giving a notice to the petitioner as well as neighbouring land owners as expeditiously as possible preferably within six weeks from the date of receipt of copy of the order. No order as to costs. 5. Miscellaneous petitions pending, if any, shall stand closed. Sd/- SV1. SRINIVAS ASSISTANT REGiSTRAF^ //TRUE COPY// SECTFDN OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat building, Velagapudi, Guntur District, Andhra Pradesh. The District Collector, Anakapalli District. The Revenue Divisional Officer, Narsipatnam Mandal, Anakapalli District. The Tahsidar, Kotauratia, Anakapalli District. One CC to Sri Madhu Sudhan P Advocate [OPUCJ Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. TF HIGH COURT DATED: 14/07/2025 I 22 AUG 2025 | Current Section . ^ ORDER WP NO. 17395 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS