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2025 DAILYLAW 30412 (AP)

NUNNA DESIYYA v. The State of Andhra Pradesh,

WP/22886/2025 · 2025-08-31

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010438802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22886 OF 2025 Between: 1. Nunna Desiyya, S/o Late N. Macha Rao, aged 57 years,R/o.D.No. 1-165, Ramalayam Street, Karakuduru Village, Pedapudi Mandal, Kakinada District. 2. Nunna Anantha Lakshmi, W/o. Nunna Desiyya, aged 54 years, R/o.D.No.1-165, Ramalayam Street, Karakuduru Village, Pedapudi Mandal, Kakinada District. ...Petitioners AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department (Revenue), Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kakinada District. 3. The Revenue Divisional Officer, Kakinada, Kakinada District. 4. The Mandal Surveyor, Pedapudi Mandal, Kakinada District. 5. The Tahsildar, Pedapudi Mandal, Kakinada 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 nature of WRIT OF MANDAMUS declaring the inaction of the 4th Respondent in conducting the survey of the petitioners land admeasuring Ac.0.80 cents in 9 Sy.No.88-4C and Ac.2.32 cents in Sy.No.88-4C, aggregating to a total extent of Ac.3.12 cents, situated at Karakuduru Village, Pedapudi Mandal, Kakinada District despite the submission of Application No. FSNV012500795492 dated 22.07.2025 and Application No. FSNV012500795364 dated 22.07.2025 by paying challan as wholly illegal, arbitrary, unjust, contrary to Principles of Natural Justice besides, being violative of Constitution of India and provisions of The AP Survey and Boundaries Rules, 1923 and consequently direct the 4th Respondent to conduct survey for petitioners land admeasuring Ac.0.80 cents in Sy.No.88-4C and Ac.2.32 cents in Sy.No.88-4C, aggregating to a total extent of Ac.3.12 cents, situated at Karakuduru Village, Pedapudi Mandal, Kakinada District. Article 14, 21 and 300A of lA NO: 1 OF 2025 Petition under Section 151 CPC 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 4th Respondent to conduct survey for petitioners land admeasuring Ac.0.80 cents in Sy.No.88-4C and Ac.2.32 cents in Sy.No.88- 4C, aggregating to a total extent of Ac.3.12 cents, situated at Karakuduru Village, Pedapudi Mandal, Kakinada District. Counsel for the Petitioners: M/s. CKR ASSOCIATES Counsel for the Respondents: GP FOR REVENUE The Court made the following order: V APHC010438802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22886/2025 [3330] ■Jh- THE Between: 1.NUNNA i^RAKUI^RU^ VILLAGE, PEDAPUDl MANDAL, KAKINADA 2.NUNN/fANANTHA LAKSHMI,, W/0, I^^NNA DESIYYA, AGED 54 YEARS, R/O.D.NO.1-165, RAMALAYAM STRE^, KARAKUDURU VILLAGE, PEDAPUDl MANDAL, KAKINADA AGED 57 STREET, DESIYYA S/0 LATE N. MACHA RAO RAMALAYAM DISTRICT. ...PETITIONER(S) AND ANDHRA PRADESH, REPRESENTED BY ITS REVENUE DEPARTMENT VELAGAPUDl, AMARAVATl, 1.THE STATE OF PRINCIPAL SECRETARY, (REVENUE), SECRETARIAT GUNTUR DISTRICT. 2 THE DISTRICT COLLECTOR, KAKINADA DISTRICT. REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT 3.THE 4.THE MANDAL SURVEYOR, PEDAPUDl MANDAL, KAKINADA DISTRICT 5.THE TAHSILDAR, PEDAPUDl MANDAL, Petition under Article 226 of the Constitution in the circumstances stated in the affidavit filed therev.,th, the High Court may be pleased tomay be pleased to issue ^^Wr^ Ord^r or Direction more particularly one in nature of WRIT OF MANDAMUb declaring the inaction of the 4th Respondent m the survey of the petitioners land admeasuring Ac.0.80 cents in Sy Na88-4C and Ac.2.32 cents in Sy,No.88-4C, aggregating to a ‘°'a' Ac.3.12 cents, situated at Karakuduru Village, P®P®P':'^' Kakinada District despite the submission of Application No. FSNV012500795492 dated 22.07.2025 and . FSNV012500795364 dated 22.07.2025 by paying challan as wholly illegal, arbitrary, unjust, contrary to Principles of Natural Justice besides being violative of Article 14, 21 and 300A of Consmution of India and provisions of The AP Survey and Boundaries Rules, 1923 > and consequently direct the 4th Respondent to conduct survey for petitioners land admeasuring Ac.0.80 cents in Sy.No.88-4C and Ac.2.32 cents in Sy.No.88-4C, aggregating to a total extent of Ac.3.12 cents, situated at Karakuduru Village, Pedapudi Mandal, Kakinada District and pass such lA NO: 1 OF 202fi 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 may be pleased to DIRECT the 4th Respondent to conduct survey for petitioners land admeasuring Ac.0.80 cents in Sy.No.88-4C and Ac.2.32 cents in Sy.No.88-4C aggregating to a total extent of Ac.3.12 cents, situated at Karakuduru Village, Pedapudi Mandal, Kakinada District and Counsel for the Petitioner(S): 1.CKR ASSOCIATES Counsel for the Respondent(S)- 1.GP FOR REVENUE pass such if THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22886 of 2025 ORDER:- Shorn of all unnecessary facts asserted in the affidavit filed in support of the writ petition, the specific case of the petitioners is that they are the absolute owners and possessors of the land. They have submitted F-Line applications bearing Nos.FSNV012500795492 and FSNV012500795364 even dated 22.07.2025 through online, for conducting survey and fixation of boundaries of their land to an extent of Ac.0.80 cents in Sy.No.88-4C and Ac.2.32 cents in Sy.No.88-4C aggregating to a total extent of Ac.3.12 cents situated at Karakuduru Village, Pedapudi Mandal, Kakinada District, and in order to avoid disputes with the neighbouring land owners. However, the respondent- authorities went on postponing the survey. Despite the petitioners’ persistent requests, coupled with obstruction by neighboring landowners, the inaction of the respondent authorities in processing the petitioners’ F-Line applications have constrained them to approach this Court. Learned Assistant Government Pleader for Revenue appearing 2. for respondents has submitted that appropriate action will be taken on the F-Line applications submitted by the petitioners, in accordance with law. Jk f 4 3. Considering the submissions of both the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, without going into the merits of case, the Writ Petition is disposed of directing concerned authorities to consider the F-Line applications bearing Nos.FSNVOI 2500795492 and FSNV012500795364 dated 22.07.2025, submitted by the petitioners for conducting survey, sub-division and fixing of boundaries of the petitioners’ land, by issuing notice to all concerned/interested persons, and to pass appropriate orders, in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. even As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- U.SRI DEV! ASSISTANT REGISTRAR ? ^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department (Revenue), Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kakinada District. 3. The Revenue Divisional Officer, Kakinada, Kakinada District. 4. The Mandal Surveyor, Pedapudi Mandal, Kakinada District. 5. The Tahsildar, Pedapudi Mandal, Kakinada District. 6. One CC to M/s. CKR ASSOCIATES, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies nm 'i'* HIGH COURT DATED:01/09/2025 ORDER WP NO. 22886 OF 2025 ss 12 SEP 2025 m <S> Co ^S^QurrentSectioivX*/ DISPOSING OF THE WP WITHOUT COSTS