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2025 DAILYLAW 24604 (AP)

MALAGA VEERAAPPA RAO v. THE STATE OF AP

WP/19025/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

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APHC010347062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19025/2025 Between: 1. MALAGA VEERAAPPA RAO, , S/O. RAJAIAH, AGED ABOUT 48 YEARS, OCC CULTIVATION, R/O. 1-60/1, PADALAVANI LAKSHMIPURAMU, PAYAKARAOPET MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT. 4. THE TAHSILDAR, PAYAKARAOPET MANDAL, ANAKAPALLI DISTRICT. 5. THE MANDAL SURVEYOR, PAYAKARAOPET MANDAL, 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 more particularly one in the nature of Writ of Mandamus declaring the action of the 4TH Respondent in issuing the SRS,J W.P.No.19025 of 2025 orders vide Roc.No.132/2025/JA dated.07.01.2025 by rejecting the request of the Petitioner for conducting of re-survey to the land to admeasuring of Sy.No. 92/7 to an extent Ac.0.15 cents, in Sy.No. 0.16 cents and 120/17 to an extent of Ac.0.55 cents in total extent of Ac.0.86 cents of Padalavani Lakshmipuramu, Payakaraopet Mandal, Anakapalli District for as illegal, arbitrary and violation of principles of natural justice and consequently direct the 4TH Respondents to conduct resurvey and fix proper extent in land to admeasuring of Sy.No. 92/7 to an extent Ac.0.15 cents, in Sy.No. 0.16 cents and 120/17 to an extent of Ac.0.55 cents in total extent of Ac.0.86 cents of Padalavani Lakshmipuramu, Payakaraopet Mandal, Anakapalli District finalize survey as expidately and to pass 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 to direct the 4 Respondents to conduct re-survey and fix proper extent in land to admeasuring of Sy.No. 92/7 to an extent Ac.0.15 cents, in Sy.No. 0.16 cents and 120/17 to an extent of Ac.0.55 cents in total extent of Ac.0.86 cents of Padalavani Lakshmipuramu, Payakaraopet Mandal, Anakapalli District finalize survey as expidately forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: Impugning the proceedings issued by Respondent No.4 vide Rc.No.132/2025/JA, dated 07.01.2025 (Ex.P1), the above writ petition has been filed. Page 3 of 4 SRS,J W.P.No.19025 of 2025 2. At the hearing, learned counsel for the petitioner would submit that against the proceedings issued by respondent No.4, an appeal would lie under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923 (hereinafter referred to as ‘the Act’). Learned counsel would also submit that liberty may be granted to the petitioner to file an appeal. The same is recorded. 3. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to avail of a statutory appeal under Section 11 of the Act before the appropriate authority. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 25.07.2025 TVN SRS,J W.P.No.19025 of 2025 161 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19025 OF 2025 Date : 25.07.2025 TVN