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2025 DAILYLAW 25720 (AP)

MAMILLAPALLI RAMANAIAH v. THE STATE OF AP

WP/18267/2025 · 2025-07-17

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A APHC010363512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18267 OF 2025 Between: Mamillapalli Ramanaiah, S/o. Chinna Chandraiah, aged about 51 years, Occ Cultivation, R/o. Goginenivari Palem, Kondepi Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department,A.P. Secretariat, Amaravathi, Guntur District. 2. The District Collector, Ongole, Prakasam District. 3. The Revenue Divisional Officer, Ongole, Prakasam District, 4. The Tahsildar, Kondepi Mandal, Prakasam District. 5. The Mandal Surveyor, Kondepi Mandal, Prakasam 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 more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 4 and 5 in not conducting survey and fixing boundaries land to an extent of Ac.No. 0.21 cents in Sy. No.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District in spite of petitioner's FSNV012500768351 dated.20.06.2025 is illegal. F-Line Application No. improper, arbitrary, and unconstitutional and violative Article 300-A of the Constitution of India and Consequently direct the Respondent Nos. 4 and 5 to forthwith conduct survey and fix boundaries to the land to an extent of Ac.No. 0.21 cents in Sy. N0.76/1B (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District pursuant to the petitioner's F-Line Application No. FSNV012500768351 dated.20.06.2025 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 pleased to direct the Respondent Nos. 4 & 5 forthwith consider petitioner’s F- Line Application No. FSNV012500768351 dated.20.06.2025 made seeking to conduct survey and fix boundaries to the land to an extent of Ac.No. 0.21 cents in Sy. No.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District pending disposal of the writ petition before this Hon’ble court Counsel for the Petitioner: M/S. SHAIK MEERAVALI Counsel for the Respondents No.1 to 5: GP FOR REVENUE The Court made the following order: t: APHCai 0363512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18267/2025 Between: 1.MAMILLAPALLI RAMANAIAH, S/0. CHINNA CHANDRAIAH AGED ABOUT 51 YEARS, OCC CULTIVATION, PALEM, KONDEPI MANDAL, PRAKASAM DISTRICT. R/O. GOGINENIVARl ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, GUNTUR DISTRICT. AMARAVATHI, 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT, 4.THE TAHSILDAR, KONDEPI MANDAL, PRAKASAM DISTRICT. 5.THE MANDAL SURVEYOR, KONDEPI MANDAL, PRAKASAM 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 pleaded to issue a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 4 and 5 in not conducting survey and fixing boundaries land to an extent of Ac.No. 0.21 2 cents in Sy. No.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District in spite of petitioner’s F-Line Application No.FSNV012500768351 dated.20.06.2025 is illegal, improper, arbitrary, and unconstitutional and violative Article 300-A of the Constitution of India and Consequently direct the Respondent Nos. 4 and 5 to forthwith conduct survey and fix boundaries to the land to an extent of Ac.No. 0.21 cents in Sy. NO.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District pursuant to the petitioner’s F-Line Application No. FSNV012500768351 dated.20.06.2025 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 Fligh Court may be pleased to direct the Respondent Nos. 4 & 5 forthwith consider petitioner’s Application No. FSNV012500768351 dated.20.06.2025 made seeking to conduct survey and fix boundaries to the land to an extent of Ac.No. 0.21 cents in Sy. No.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District pending disposal of the writ petition before this Hon’ble court and to pass Counsel for the Petitioner: F-Line 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Fleard SmLMaheswari Arika, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 5. The grievance of the petitioner is that the respondents 4 and 5 are not conducting a survey and fixing boundaries to the land, in pursuance of the F- line application made by the petitioner vide No.FSNVOI2500768351 , dated 20.06.2025. 2. 3 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of an extent of Ac.0-21 cents in Sy.No.76/1B of Kondepi Gadiyaram vari Khandrika Village, Kondepi Mandal, Prakasam District. The petitioner made an application vide Ex.P.1 requesting the respondents 4 and 5 to conduct a survey and demarcate the boundaries. However, no survey was conducted. 4. Learned Assistant Government Pleader on oral instructions would submit that the respondents 4 and 5 by issuing notice to the petitioner and other neighbouring land owners, shall survey the land by following the procedure mandated under the Andhra Pradesh Survey and Boundaries Act, 1923 (for short “the Act”). 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 respondents 4 and 5 to conduct survey and fix the boundaries to the petitioner’s land of an extent of Ac.0-21 cents in Sy.No.76/IB of Kondepi Gadiyaram vari Khandrika Village, Kondepi Mandal, Prakasam District by issuing notices to the petitioner as well as to the neighbouring lalid'owners strictly following the procedure mandated under the Act. No order as to costs. ’ 5. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR ^iECTI^C //TRUE COPY// OFFICER To, Revenue 1. The Principle Secretary, State of Andhra Pradesh, Department, A.P. Secretariat, Amaravathi, Guntur District. 2. The District Collector, Ongole, Prakasam District. 3. The Revenue Divisional Officer, Ongole, Prakasam District, 4. The Tahsildar, Kondepi Mandal, Prakasam District. 5. The Mandal Surveyor, Kondepi Mandal, Prakasam District 6. One CC to M/S. SHAIK MEERAVALl Advocate [OPUC] 7. Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg m HIGH COURT DATED: 18/07/2025 ORDER WP NO. 18267 OF 2025 I imp 2025 I . Current beciion DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS