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High Court of Andhra Pradesh · body

2025 DAILYLAW 27282 (AP)

Sanapala Swamy Babu, v. The State Of Andhra Pradesh,

WP/20818/2025 · 2025-08-06

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010385202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (Special Original Jurisdiction) fm THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 20818 OF 2025 m o RAO Between: 1. Sanapala Swamy Babu, S/o (late) Sridarudu 39-25-10/5, Seethanna Gardens 530007. 2. Sanapala Suresh Kumar, S/o Anandharao, 25-10/5, 530007 , aged about 66 years, D.No. Madhavadhara Village, Visakhapatnam- aged about 46 years, D.No. 39- V isakhapatnam- Seethanna Gardens, Madhavadhara Village, ...Petitioners AND 1. The State Of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntir District. 2. The District collector, Collectorate Office, Maharanipeta, yisakhapatnam. 3. The Joint collector, Collectorate Office Maharanipeta, Visakhapatnam. 4. The Estate Officer and Special Deputy Collector 5. The Executive Officer, , VMRDA, Visakhapatnam. Swamy Sri Varaha Lakshmi Narasimha Devasthanam, Simhachalam, Visakhapatnam. 6. The Tahasildar, Tahsildars Office, Gopalapatnam Mandal, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the crrcumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ, order or direction may be more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3rd authorities are not considered our representation dated 06-11- to 6th 2024 for conducting Joint Survey (VUDA, Revenue & Simhachalam Temple) and to l^colisfef.0ur property fixation of the boundaries covered in Sy.No. ^^2 of in extent of Ac. 1.14 cents is illegal, irregular. Arbitrary, Violation of. Principle of natural justice and offends Article 14, 19, 21 and GOO- A of Constitution Of India and consequently direct the respondents to conduct the joint survey and fixation the boundaries of an extent of Ac. 1. M cents in Sy.No. 12 of Visakhapatnam. Madhavadhara village, Gopalapatnam Mandal lA NO: 1 OF 2025 Petition under Section IsYcPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to conduct the joint survey and fixation the boundaries of an extent of Ac. 1.14 cents in Sy.No. 12 of Madhavadhara village, Gopalapatnam Mandal, Visakhapatnam. Counsel for the Petitioners: SRI SIMHACHALAM KARUKOLA Counsel for the Respondents No.1,2,3,4,6: GP FOR REVENUE Counsel for the Respondent No.5: SRI CHINTAPALLI SRINIVASULU The Court made the following order: APHC010385202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE f PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20818/2025 Between: 1.SANAPALA SWAMY BABU„ S/0 (LATE) SRIDARUDU, AGED ABOUT 66 YEARS, D.NO. 39-25-10/5, SEETHANNA GARDENS, MADHAVADHARA VILLAGE, VISAKHAPATNAM- 530007. 2.SANAPALA SURESH KUMAR,, S/0 ANANDHARAO, AGED ABOUT 46 YEARS, D.NO. 39-25-10/5, SEETHANNA GARDENS. MADHAVADHARA VILLAGE. V ISAKHAPATNAM- 530007. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTIR DISTRICT. 2.THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, MAHARANIPETA, YISAKHAPATNAM. 3.THE JOINT COLLECTOR, COLLECTORATE OFFICE, MAHARANIPETA, VISAKHAPATNAM. 4.THE ESTATE OFFICER AND SPECIAL DEPUTY COLLECTOR, VMRDA, VISAKHAPATNAM. 5.THE EXECUTIVE OFFICER, SRI VARAHA LAKSHMI NARASIMHA SWAMY DEVASTHANAM, SIMHACHALAM, VISAKHAPATNAM. 6.THE TAHASILDAR, TAHSILDARS OFFICE, GOPALAPATNAM MANDAL, VISAKHAPATNARA. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3rd to 6th authorities are not considered our represfentation dated 06-11- 2024 for conducting Joint Survey (VUDA, Revenue Simhachalam Temple) and to lacolise our property fixation of the boundaries covered in Sy.No. 12 of Madhavadhara village in extent of Ac. 1.14 cents is illegal, irregular. Arbitrary, Violation 2 of Principle of natural justice and offends Article 14, 19, 21 and GOO- A of Constitution Of India and consequently direct the respondents to conduct the joint survey and fixation the boundaries of an extent of Ac. 1.14 cents in Sy.No. 12 of Madhavadhara village, Gopalapatnam Mandal, Visakhapatnam and 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 pleased to direct the respondents to conduct the joint survey and fixation the boundaries of an extent of Ac. 1.14 cents in Sy.No. 12 of Madhavadhara village, Gopalapatnam Mandal, Visakhapatnam and pass Counsel for the Petitioner{S): 1.SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20818 of 2025 ORDER: 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 particulariy one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3rd to 6th authorities are not considered our representation dated 06.11.2024 for conducting Joint Survey (VUDA, Revenue & Simhachalam Temple) and to lacolise our property fixation of the boundaries covered in Sy. No. 12 of Madhavadhara village in extent of Ac. 1.14 cents is illegal, irregular. Arbitrary, Violation of Principle of natural justice and offends Article 14, 19, 21 and 300-A of Constitution Of India and consequently direct the respondents to conduct the joint survey and fixation the boundaries of an extent of Ac.1.14 cents in Sy. No.12 of Madhavadhara village, Gopalapatnam Mandal, Visakhapatnam and pass....” 2. The learned Assistant Government Pleader for Revenue filed proceedings vide Rc.No.1134/2025/JA, dated 28.07.2025. As seen from the proceedings, it is asserted that in reply to the representation filed by the petitioner, the Joint Collector, Visakhapatnam, vide endorsement Rc.No.A3/315/2024 (S&LRs), dated 23.12.2024 has informed the petitioner that the subject land is classified as Government land and it is observed that the petitioner has not produced any documentary evidences and hence the joint inspection proposed is hereby kept in abeyance and further the petitioner was 4 informed that to submit the title document Sno.42D) of Madhavadhara village for further relating to the S.No.12(old ' course of action. 3. Therefore, this Court is inclined to dispose of the writ petition directing the petitioners concerned authorities along with their right over the property for conducting representation, the respondent authorities the said representation in accordance with law. to file fresh representation before the necessary documents to establish a fresh enquiry. On such are directed to dispose of 4. Accordingiy, the Writ Petition is disposed of. There shali be order as to costs. no As a sequel, miscellaneous petitions stand closed. pending, if any, shall Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. . Princpai Secretary, State Of Andhra Pradesh, Revenue Secretariat Building. Velagapudi, Amaravati, Guntir District 2. The District collector, Collectorate 3. The Joint collector, Collectorate Department, Office, Maharanipeta, Visakhapatnam. Office, Maharanipeta, Visakhapatnam. 4. The Estate Officer and Special D^uty Collector, VMI^DA, Visakhapatnam. 5. The Executive Officer, Devasthanam, Simhachalam, Visakhapatnam. 6. The Tahasildar, Tahsildars Office, Gopalapa'lnam Mandal, Visakhapatnara. 7. One CC to SRI. SIMHACHALAI^KARUKOLA, Advocate [OPUC] Two CCs to GP FOR REVENtiE^ High Court of Andhra Pradesh [OUT] 9.0ne CC to SRI. CHINTAPALlY^RINIVASULU, Advocate [OPUC] 10. Two CD Copies Sri Varaha Lakshmi Narasimha Swamy 8. NM HIGH COURT DATE0:07/08/2025 ORDER WP NO. 20818 OF 2025 aUdh^ 5 2 0 SEP 2025 in Cf> DISPOSING OF THE WP WITHOUT COSTS