. 'y APHC010397622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20475 OF 2023 Between: 1. Karedula Krishna Kumari, W/o Ravi, aged 47 years, R/o D.No. 4-1- 280, Raja Panagal Road, 0pp. Anjaneya Swamy Temple, Ongole, Prakasam District. 2. Ungarala Masthanamma, W/o Veera Raghavulu, aged 53 years, R/o 56-1-22 B, Pothurajupalem Agraharam Gate, Ongole, Prakasam District. ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Chief Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Amaravathi, Andhra Pradesh. 2. The Collector and District Magistrate, Prakasam District, Ongole. 3. The Commissioner, Ongole Municipal Corporation, Ongole, Prakasam District. 4. The Asst Director of Survey and Land Records, , Prakasam Bhavan, Ongole, Ongole, Prakasam District. 5. The Town Planning Officer, Ongole Municipal Corporation, Ongole. 6. The Tahsildar, Ongole Urban Mandal, Prakasam District 7. The Town Planning Surveyor, Ongole Municipal Corporation, Ongole. r [R7 is impleaded as per the Court Order dt.07.11.2024 vide orders passed in I.A.No. 01 of 2024.] ...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 by declaring the in-action on the part of the Respondents 3, 5 and 6 herein in not conducting the Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy. No. 128,129,130 admeasuring 45 Ghadis or 366 sq. yards ofOngole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District even though the Petitioners made application for the said purpose on 25-04-2023 vide Application No. DERO 12301454790 through Mee Seva services and further through Spandana services, dated 17-5-2023 including to the Respondent No.3 on 5-9-2020 and 17-3-2023 is illegal, arbitrary and in violation of the Articles 14, 21 and 300A of the Constitution of India and contrary to the Andhra Pradesh Survey of Boundaries Act, 1923 and consequently direct the said respondent to conducting the Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy. No. 128,129,130 admeasuring 45 Ghadis or 366 sq. yards of Ongole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District. lA NO: 1 OF 2023 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/order the respondents to consider the application submitted by the petitioners on 25-04-2023 vide Application No. DERO 12301454790 through "Mee Seva" services and further through "Spandana" services, dated 17- 5-2023 and to Respondent No.3 on 5-9-2020 and 17-3-2023 submitted for the purpose of conducting Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy. No. 128,129,130 admeasuring 45 Ghadis or 366 sq. yards of Ongole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District, pending disposal of the main writ petition. Counsel for the Petitioners: CHALLAGALI GOPALARAJU Counsel for the Respondent Nos.1,4,5: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 6:GP FOR REVENUE Counsel for the Respondent No.3 : SRI M MANOHAR REDDY , SC for Municipal Corporation The Court made the following order: APHC010397622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] r TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20475/2023 Between; 1.KAREDULA KRISHNA KUMARI, W/0 RAVI, AGED 47 YEARS, R/0 D.NO. 4-1-280, RAJA PANAGAL ROAD, OPP. ANJANEYA SWAMY TEMPLE, ONGOLE, PRAKASAM DISTRICT. 2.UNGARALA MASTHANAMMA,, W/0 VEERA RAGHAVULU, AGED 53 YEARS, R/0 56-1-22 B, POTHURAJUPALEM AGRAHARAM GATE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL CHIEF SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 2.THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 3.THE COMMISSIONER, ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. 4.THE ASST DIRECTOR OF SURVEY AND LAND RECORDS, , PRAKASAM BHAVAN, ONGOLE, ONGOLE, PRAKASAM DISTRICT. 5.THE TOWN PLANNING OFFICER, ONGOLE MUNICIPAL CORPORATION, ONGOLE. 6.THE TAHSILDAR, ONGOLE URBAN MANDAL, PRAKASAM DISTRICT 2 7.THE TOWN PLANNING SURVEYOR, ONGOLE MUNICIPAL CORPORATION, ONGOLE. R7 IS IMPLEADED AS PER THE COURT ORDER DT.07.11.2024 VIDE ORDERS PASSED IN I.A.NO. 01 OF 2024. ...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, Order or direction more particularly one in the nature of Writ of Mandamus by declaring the in-action on the part of the Respondents 3, 5 and 6 herein in not conducting the Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy.No.128,129,130 admeasuring 45 Ghadis or 366 sq. yards of Ongole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District even though the Petitioners made application for the said purpose on 25-04-2023 vide Application No. DERO 12301454790 through Mee Seva services and further through Spandana services, dated 17-5-2023 including to the Respondent No.3 on 5-9-2020 and 17-3-2023 is illegal, arbitrary and in violation of the Articles 14, 21 and 300A of the Constitution of India and contrary to the Andhra Pradesh Survey of Boundaries Act, 1923 and consequently direct the said respondent to conducting the Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy.No.128,129,130 admeasuring 45 Ghadis or 366 sq. yards of Ongole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District and pass lA NO: 1 OF 2023 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/order the respondents to consider the application submitted by the petitioners on 25-04-2023 vide Application No. DERO 12301454790 through "Mee Seva" services and further through "Spandana" services, dated 17- 5-'2023 and to Respondent No.3 on 5-9-2020 and 17-3-2023 submitted for the purpose of conducting Survey, demarcation and fixing the boundaries in respect of the Petitioner's vacant house site situated in Sy.No.128,129,130 admeasuring 45 Ghadis or 366 sq. yards of Ongole Urban Mandal presently located in 2nd ward of Ongole Municipal Corporation, Prakasam District, pending disposal of the main writ petition and pass lA NO: 1 OF 2024 w 3 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 permit the petitioner to implead the proposed respondent no.7 as Respondent No.7 in the present Writ Petition and pass Counsel for the Petitioner(S); 1.CHALLAGALI GOPALARAJU Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20475/2023 ORDER: The Writ Petition is filed to declare the inaction on the part of the 1. respondents 3, 5 and 6 in conducting the survey, demarcation and fixing the boundaries in respect of the petitioner’s vacant house site situated in ( Sy.Nos.128, 129, 130 admeasuring 45 Ghadis or 366 Sq. yards of Ongole Urban Mandal presented located in 2"^^ ward of Ongole Municipal ( Corporation, Prakasam District even though the petitioners made application of the said purpose on 25.04.2023 vide application No.DERO 12301454790 thorough “Mee Seva” services and further through “Spandana” services. rd dated 17.05.2023 including the 3 respondent on 05.09.2020 and 17.03.2023, as illegal and arbitrary. 2. This Court on 01.04.2025 passed a detailed order directing the petitioner to approach the 5‘^ respondent with a copy of the sale deed with other documents, thereafter, the 5‘^ respondent shall instruct the 7 respondent to survey the petitioners’ property with a period of two (02) weeks. th 3. Learned Standing counsel appearing for respondents 3 and 5 would submit that pursuant to the detailed interim order of this Court, a survey was conducted on 23.04.2025 after issuing notice to the petitioner.A copy of the survey was passed on to the Court. A copy of the report was handed over to the learned counsel for the petitioners across the bar. 5 4. As the prayer of the petitioners to conduct survey is redressed, no further orders are required to be passed. Accordingly, the writ petition is closed with a liberty to the petitioner to challenge the same if so advised. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Challagali Gopalaraju Advocate [OPUC] 2. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 3. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 4. One CC to Sri M Manohar Reddy, SC for Municipal Corporation [OPUC]. 5. THREE CD Copies. AL \ HIGH COURT DATED:01/07/2025 ORDER WP NO. 20475 OF 2023 I 2UUL 2025 f,, ^ , Current Seciion ^^5j£^SPATCVV55^ CLOSING THE W.P. WITHOUT COSTS