M SITHA MAHALAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/20312/2025 · 2025-08-04
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27800 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27800 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Ir APHC010395042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION ND; 20312 OF 2025 Between: M. Sitha Mahalakshmi, W/o. Ramakrishnayya Housewife, R/o.D.No.1/94-B, Tenali, Guntur District. Aged 55 years ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban, Development Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Guntur Town and District. 3. The Tenali Municipality, Rep by its Commissioner, Tenali, Guntur District. 4. The Tahsildar, Tenali Mandal, Guntur 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents not conducting the Survey of land in an extent of Ac.0.44 cents in R.S.No.228/5, Balajirao Peta, Tenali, Guntur District as per the Regd. Sale deed dated 28-05-1997 by vide Doc. No. 12812/1997 of S.R.O Tenali. which in
is illegal, irregular, unjust, unconstitutional, contrary to the provisions of A.P. Municipalities Act as well Survey and Land Settlement Act, and in violation of Articles 14, 19, 21, 300-A of Constitution of India consequently direct the Respondent Nos.1 to 3 to conduct the Survey of land in an extent of Ac.0.44 cents in R.S.No.228/5, Balajirao Peta, Tenali, Guntur District. 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 Respondents to dispose the Representations dated 02-11-2024 and 07-04- 2025 and to conduct survey of land in an extent of Ac.0.44 cents in R.S.No.228/5, Balajirao Peta, TenajL^Guntur District pending disposal of Writ Petition. Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos.
2 and 4: GP FOR REVENUE Counsel for the Respondent No.3: M/S V SIREESHA RANI SC FOR MUNICIPALITIES / The Court made the following order:
APHC010395042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ip [3457] r TUESDAY.THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20312/2025 Between; 1.M SiTHA MAHALAKSHMl, W/0. RAMAKRISHNAYYA AGED 55 TENALI, GUNTUR YEARS, HOUSEWIFE, R/0.D.N0.1/94-B, DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN VELAGAPUDI SECRETARY, DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR TOWN AND DISTRICT. 3.THE TENALI MUNICIPALITY, REP BY ITS COMMISSIONER, TENALI GUNTUR DISTRICT. 4.THE TAHSILDAR, TENALI MANDAL, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner;
1.NARASIMHA RAO GUDISEVA Counsel for the Respondent{S);
1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP
2 The Court made the following;
ORDER: The
learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the 3rd respondent in conducting the survey of the land admeasuring Ac. 0.44 cents in R.S. No. 228/5, Balajirao Peta, Tenali, Guntur District. It is submitted that the land was purchased by the son of the petitioner who passed away in a railway accident, and thereafter the petitioner was issued pattadhar passbooks by the 4'^ respondent. The petitioner’s efforts to get the land surveyed did not yield any results, as the 3'^ respondent, after having issued a notice for the survey, did not complete the survey by issuing notices to all concerned. Notice dated 11.11.2024 was also issued by the Town Surveyor of the 3'^'^ respondent. Aggrieved by the inaction in completing the survey, the present writ petition is filed.
2.
3. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 3'"' respondent, and the learned Assistant Government Pleader appearing for the 4*'^ respondent.
4. Considering the
submissions and after perusing the record, the petitioner has undisputedly paid the survey fee on 02.11.2024, and a notice proposing to conduct the survey was also issued on 11.11.2024. However, the survey has not been conducted till date. On these considerations , this Court is of the considered view that the writ petition can be disposed off at the stage of admission, directing the 3'^'^ respondent to depute the Town Surveyor to
3 conduct the survey in pursuance of the application submitted by the petitioner. At any rate, the survey shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order, duly issuing a copy of the survey report to the petitioner. There shall be no order as to costs. miscellaneous oetitions oendina, if anv, shall stand closed.
Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR A.c; a ?:eniiel //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Municipal Administration and Urban * Development Department, State of Andhra Pradesh, Secretariat, Vdlagapudi Amaravathi, Guntur District. U'
2. The District Collector, Guntur Town and District.
3. The Commissioner, Tenali Municipality, Tenali, Guntur District.
4. The Tahsildar, Tenali Mandal, Guntur District
5. One CC to Sri. Narasimha Rao Gudiseva Advocate [OPUC]
6. One CC to M/s Sireesha Rani Vallabhaneni SC for Municipalities [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Municipal admin and Urban Development, High Court of Andhra Pradesh [OUT
9. Two CD Copies GSC
fc.
HIGH COURT DATED:05/08/2025
ORDER WP NO. 20312 OF 2025 1 2 I AU& 2025 Currant $MUM DISPOSING THE WP WITHOUT COSTS