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2025 DAILYLAW 30142 (AP)

TALLA KISHORE KUMAR v. The State of Andhra Pradesh

WP/22516/2025 · 2025-08-27

Harinath N

body2025

Judgment text

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APHC010433332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j -f ?<x THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST O TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2251 fi OF 2025 Between: Talla Kishore Kumar, S/o.Talla Pothu Raju, aged 43 R/o Door No. 1-148, Boddurayi Centre, Gorantia, Guntur years, Occ; Business, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh rep by its Municipalities and Urban Development Amaravathi, Guntur District. Principal Secretary, Department, Secretariat, 2. The District Collector, Guntur District, Guntur. 3. The Guntur Municipal Corporation, Rep by its Commissioner, Guntur. 4. The Assistant Director, Survey and Land Records Guntur District. 5. The Town Surveyor, Guntur Municipal Corporation, Guntur. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the the High Court may be more particularly in the nature of circumstances stated in the affidavit filed therewith pleased to issue a Writ, order or direction Writ of Mandamus declaring the conducting survey in relation to the Petitioners land admeasuring Ac cents comprised in Sy. No. 107, Ac. 4.46 cents action of the Respondent No. 3 to 5 in not . 0.62 comprised in Sy. No. 108 and Ac. 2.04 cents comprised in Sy. No. 110 respectively situated at Gorantia Village, Guntur District which was got the property by way of registered WILL Vide Document No. 124/2020, dated 04.08.2020 despite the application dated 0§.05.2025 submitted by the Petitioner as illegal, arbitrary, contrary to the procedure established under the Board Standing Order and in violations of mandatory provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and consequentially direct the respondents 3 to 5 to conduct survey for the said land. 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 Respondent No. 3 to 5 to consider the Petitioner’s survey application dated 09.05.2025 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI PENUMAKA VENKATA RAO Counsel for the Respondent Nos.1 & 5: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent No.3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: r APHC010433332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22516/2025 Between: 1 TALLA KISHORE KUMAR, S/OTALLA POTHU RAJU, AGED 43 YEARS, OCC BUSINESS, R/0 DOOR NO. 1-148, BODDURAYI CENTRE, GORANTIA, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3.THE GUNTUR MUNICIPAL CORPORATION COMMISSIONER, GUNTUR. 4.THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS GUNTUR DISTRICT. 5.THE TOWN SURVEYOR, GUNTUR MUNICIPAL CORPORATION, GUNTUR. PRINCIPAL MUNICIPALITIES AND URBAN DEVELOPMENT REP BY ITS ...RESPONDENT(S); Counsel for the Petitioner: 1.PENUMAKA VENKATA RAO Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER:- Petitioner is aggrieved by the inaction on the part of the respondent 1. in considering the representation of the petitioner dated 09.05.2025, whereby to be conducted over the property with the the petitioner sought a survey petitioner acquired by virtue of a registered Will dated 04.08.2020. 2. It is submitted that the petitioner has inherited land admeasuring Survey No. 107, Ac.4.46 cents in Survey No. 108 and Ac.2.04 cents in Survey No.110 of Gorantia Village, Guntur District. In that regard, the petitioner also paid the requisite fee for conducting the survey. Ac.0.62 cents in The learned Standing Counsel appearing for the 2^^^ respondent, on instructions submits that the 3'“ respondent, endorsement dated 19.08.2025 3. was served on the petitioner duly notifying the petitioner that the claim of the Nos.107, 108 and 110 could not be petitioner over the land in Survey surveyed, as the same is claimed by the petitioner is shown as open is forming part and parcel of L.P.No.50/89 and the iand land in the said layout. Learned Counsel for the petitioner, on the contrary, submits that the .08.2025 has not been served on the petitioner. That endorsement without 4. endorsement dated 19 respondent could not have issued such an apart, the 3' conducting the survey. of the learned counsel for the petitioner respondent, there shall be a Considering the submissions and learned Standing Counsel for the 3 5. 3 direction to respondent Nos.3 and 5 to conduct a joint survey over the land claimed by the petitioner and issue the necessary survey proceedings to the petitioner. Needless to state, that the survey be conducted after issuing notice to all concerned. With the above observations, the Writ Petition is disposed off. There 6. shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIONOFFICER To, « .. 1.‘Tbe Principal Secretary, Municipalities and Urban Development Department; State'of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Guntur District, Guntur. 3. The Commissioner, Guntur Municipal Corporation, Guntur. 4 jhe Assistant Director, Survey and Land Records, Guntur District. 5. The Town Surveyor, Guntur Municipal Corporation, Guntur. 6. One CC to Sri Penumaka Venkata Rao, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporation[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:28/08/2025 ORDER WP No. 22516 OF 2025 * iTSEPa® ^ Current Section % E? Go DISPOSING OF THE W.P. WITHOUT COSTS