KANNEGANTI KRISHNA KUMARI v. THE STATE OF ANDHRA PRADESH
WP/23556/2025 · 2025-09-03
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31255 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31255 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHCOI 0456272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF SEPTEMB^ TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRIJUSTICE TARLADA WRIT PETITION NO: 2355fi OF onon mn RAJASEKHAR RAO Between: Kanneganti Krishna Kumari W/o Jaganmohana Rao years R/o Morampudi Village. Duggirala Mandal aged about 65 Guntur District. ...Petitioner AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat Buildings, Amaravathi,
2. The District Collector, Guntur,
3. The Revenue Divisional Officer,
4. The Tahsildar, Duggirala Mandal 5^/The Village Surveyor, Morampudi District Andhra Pradesh Andhra Pradesh Tenali Division, Guntur District 4. , Guntur District
5. village, Duggirala Mandal, Guntur ...Respondents Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue a writ, order of India praying that in the the High Court may be of Writ nf M a Particularly one in the nature f Writ of Mandamus declaring the action the appeal dated 30-07-2025 filed of the 3rd respondent in considering under the Andhra Pradesh Survey the same pending as illegal, arbitrary and justice besides violation of Articles 14 and Boundaries Act, 1923 and keeping violative of principles of natural i and
♦ 300-A of the Constitution respondent to consider and dispose of the lA NO: 1 OF of India and consequently to direct the 3rd said appeal on merits. Petition under Section 151 CPC praying that in the circumstances stated ,4n the affidavit filed in support of the direct the 3RDrespondent to 2025 filed under the petition, the High Court may be pleased to consider and dispose of the appeal dt.30-07- provisions of Andhra Pradesh Survey and^^oundaries Act, 1923 pending disposal of the above writ petition. Counsel for the Petitioner: SRI ALAPATI Counsel for the Respondent Nos.1 The Court made the following order:
LALITH NIKHIL to 5: GP FOR REVENUE
/ APHC010456272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23556/2025 Between:
1.KANNEGANTI KRISHNA KUMARI, W/O JAGANMOHANA RAO, AGED ABOUT 65 YEARS R/0 MORAMPUDI VILLAGE. DUGGIRALA MANDAL GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT SECRETARY, REVENUE DEPARTMENT BUILDINGS, AMARAVATHI, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, GUNTUR, ANDHRA PRADESH 3.THE REVENUE DIVISIONAL OFFICER, TENALI DIVISION GUNTUR DISTRICT
4.
4.THE TAHSILDAR, DUGGIRALA MANDAL, GUNTUR DISTRICT
5. 5.THE VILLAGE SURVEYOR, MORAMPUDI VILLAGE, DUGGIRALA MANDAL, GUNTUR DISTRICT ...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 3rd respondent in considering the appeal dated 30-07- 2025 filed under the Andhra Pradesh Survey and Boundaries Act, 1923 and keeping the same pending as illegal, arbitrary and violative of principles of natural justice besides violation of Articles 14 and 300- A of the Constitution of India and consequently to direct the 3rd respondent to consider and dispose of the said appeal on merits and to pass s 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 3RDrespondent to consider and dispose of the appeal dt.30-07- 2025 filed under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 pending disposal of the above writ petition and t pass s
2 ♦ Counsel for the Petitioner:
1.ALAPATI LALITH NIKHIL Counsel for the Respondent(S):
1.GP FOR REVENUE
3 1 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23556 of 2025
ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue a writ, order; or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'^'^ respondent in not considering the appeal dated 30-07-2025 filed under the Andhra Pradesh Survey and Boundaries Act. 1923 and keeping the same pending as illegal, arbitrary and violative of principles of natural justice besides violation of Articles 14 and 300-A of the Constitution of India and consequently to direct the 3'^' respondent to consider and dispose of the said appeal on merits and to pass such other order or orders... ”
2. The grievance of the petitioner is that petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.1.64 cents, situated in Morampudi Village, Duggirala Mandal, Guntur District. Petitioner acquired the said land under two registered sale deeds. An extent of Ac. 1.10 cents in survey Nos. 19, 20, 21 and 47/2 purchased under Regd. Sale Deed dated 20.10.1997, bearing No.1580/1997 SRO Duggirala. The remaining extent of Ac.0.54 cents in Survey No.22-2 was purchased under Regd. Sale Deed dated 24.01.2003 bearing No.86/2003 SRO Duggirala. 3. While things stood thus, during resurvey conducted by the Government, only an extent of Ac. 1.43 cents was reflected in the revenue records. Aggrieved by this discrepancy, the petitioner applied was
4 for proper survey to record the correct extent. Pursuant to the the Village Surveyor conducted survey. However, instead of rectifying the mistake, the 4*^ respondent relying on surveyor’s report, issued endorsement dated 04.02.2025, which did not reflect the petitioner’s claim. Aggrieved by the said endorsement, petitioner preferred appeal before the 3'^' respondent-Revenue Divisional Officer under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923. Despite lapse of considerable period, the 3"'^ respondent has not taken any decision on the said appeal. Hence, the present writ petition is filed. same an
4. Heard Sri Alapati Lalith Nikhil, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents. 5. The learned Assistant Government Pleader would submit that the petitioner has not filed the appeal in the proper perspective.
It is submitted that if the petitioner files an appeal in the correct format and if the same is not barred by limitation, the appeal will be duly considered and appropriate orders will be passed in accordance with law. As no purpose would be served by keeping the writ petition pending, the Writ Petition is disposed of at the admission stage itself, with a direction to the 3^^* respondent-Revenue Divisional Officer (appellate authority) to treat the representation dated 30.07.2025 as an
6. 5 4 appeal, examine the same in accordance with law, and pass appropriate orders. The said decision shall be communicated to the petitioner within a reasonable time, not later than three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// i SECTION OFFICER To
1. The Principal Secretary, Revenue Department Buildings, Amaravathi, Andhra Pradesh
2. The District Collector, Guntur, Andhra Pradesh
3. The Revenue Divisional Officer, Tenali Division, Guntur District 4. 4."The Tahsildar, Duggirala Mandal, Guntur District
5. The Village Surveyor, Morampudi village, Duggirala Mandal, Guntur District
6. One CC to Sri. Alapati Lalith Nikhil Advocate [OPUC]
7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]
8. Two CD Copies. Secretariat AL
/ HIGH COURT TL DATED:04/09/2025
ORDER WP NO. 23556 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS