IN THE HIGH COURT OF ANDHRA PRADESH At AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26568 OF 2024 Between: 1. P.Sampoorna, W/o. Srinivasa Rao, aged 50 years, Occ House Wife, R/o.1-18, Rajupalem, Kothapatnam(M), Prakasam District. 2. P.Srinivasa Rao, S/o. Adeaiah, aged 59 years, Occ Business, R/o.1-18, Rajupalem, Kothapatnam(M), Prakasam District. 3. M.Koti Reddy, S/o. Venkata Subba Reddy, aged 49 years, Occ Cultivation. R/o.Jayavaram(V), Tangutur Mandal, Prakasam District. ...PETITIONER(s) AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration, Secretariat, Velagapudi, Guntur. 2. Ongole Municipal Corporation, rep by its commissioner Ongole Prakasam Districti 3. Joint Sub Registrar-1, Ongole RO, Ongole, Prakasam District. 4. lindra Tirumala Venkata Ramana Rao, S/o. Chinna Thayallu Setty, aged 54 years, Occ Business, R/o.Sri Sankar Jewellars and , Pawn Brokers, Gandhi Road, Ongole, Prakasam Dist., 5. Ilindra Veera Venkata Satish Kumar, S/o. Chinna Thayallu Setty aged 53 years, Occ Business, R/o.Sri Sankar Jewellars and Pawn Brokers, Gandhi Road, Ongole, Prakasam Dist., 6. Mohd Shakeer Hameed, S/o. Rahman Saheb, aged 56 years, Occ Business, R/o. 1st Floor, Vijaya Complex, Besides PDCC Bank, Kumool Road, Ongole. ...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/ Direction more particularly one in the Nature of Writ of Mandamus declaring the impugned Endorsement in C.C.No.598/2024 & 599/2024 dt. 17.09.2024 of the 2nd respondent in respect of the land situated in Sy.No.l28 of Ongole Rural, Prakasam District as illegal, arbitrary, without jurisdiction besides violation of Art. 14 and 300- A of the Constitution of India and consequently set aside the impugned Endorsement in C.C.No.598/2024 & 599/2024 dt. 17.09.2024 of the 2nd respondent forthwith lA NO: 1 OF 2024 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 suspend the operation of the impugned Endorsement in C.C.No.598/2024 & 599/2024 dt. 17.09.2024 of the 2nd respondent in respect of the land in Sy.No.l28 of Ongole Rural, Prakasam District forthwith pending disposal of the Writ Petition Counsel for the Petitioners: SRI PANGULURU RACHANA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2; SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION AP) Counsel for the Respondent No.3: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER: APHC010516592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26568/2024 Between: ...PETITIONER(S) P Sampoorna and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner{S): 1.PANGULURU RACHANA Counsel for the Respondent(S): 1 .A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP FOR REGISTRATION AND STAMPS 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue a Writ/Order/ Direction more particularly one in the Nature of Writ of Mandamus declaring the impugned Endorsement in C.C.No.598/2024 & 599/2024 dt. 17.09.2024 of the 2”'^ respondent in respect of the land situated in Sy.No.128 of Ongole Rural, Prakasam District as illegal, arbitrary, without jurisdiction besides violation of Art. 14 and 300-A of the Constitution of India and consequently set aside the impugned Endorsement in C.C.No.598/2024 & 599/2024 dt. 17.09.2024 of the 2""' respondent forthwith and to pass... ” 2. The brief facts of the case are that originally the land to an extent of Ac.4.94 cents falls in Sy.No.128 of Ongole Rural, Prakasam District and from the year 1913 onwards to till date, several sale deeds were executed and the last document executed in the year 1969 by way of a Registered Will and the holder of the Will executed part of the land in favour of the petitioners through Document No.4582/2023, 4581/23, 4577/23 and 4580/23 on the file of the SRO, Ongole, since then the petitioners were in physical possession and enjoyment of the subject land. 3. While the matter being so, the respondent No.6 purchased part of the land in Sy.No.129 and 130 of Ongole Rural, Prakasam District from the respondent No.5 vide document No.1729/2007 and since then the respondent No.6 is in possession of his land. Further, the entire land in Sy.No.128 is vacant, but, whereas the land in Sy.Nos.129 and 130 consists of some buildings etc. Thereafter, the respondent Nos.4, 5 and 6 submitted an application dated 20.08.2024 to the respondent No.2, requesting for conducting a survey in Sy.Nos129 and 130 to fix boundaries of their land. Pursuant to the apBlication submitted by the respondents Nos.4 to 6, the respondent No.2 directed the Town Surveyor to conduct a survey and submit a report within 15 days. As per the directions of the respondent No.2, the Town Surveyor had conducted a survey and submitted a report dated 17.09.2024, stating that basing the request of 1. Sri llindra Chinna Thayallu Setti, S/o Subramanyam, 2. Smt. llindra Andalamma W/o Chinna Thayallu Setti, 3. llindra Thirumala Venkata Ramana Rao, S/o Chinna Thayallu Setti, 4. llindra Veera Venkata Satish Kumar, S/o Chinna Thayallu Setti and 5. Mohammad Shakeer Hameed, S/o Rahiman Saheb, a survey has been conducted in the land situated in Sy.No129 and 130 and an endorsement vide C.C.No.598/2024 and C.C.No.599/2024, submitted by the Commissioner, Ongole Municipal Corporation, stating that though the land of the applicants falls in Sy.No.128, but, as per their documents, the said lands falls in Sy.No.129 and 130. 4. The grievance of the petitioner is that Sri llindra Chinna Thayallu Setti, S/o Subramanyam and Smt. llindra Andalamma W/o Thayallu Setti, who are the applicant Nos.1 and 2 had died the year 1996 and 1997 and further without giving any notice to the petitioners, the respondents had conducted a survey in the subject lands and issued the impugned endorsement dated 17.09.2024, stating that as per the document Nos. 1443/1977 and 1729/2007 of the Nos.4 to 6, the subject land falls in Sy.Nos.129 and 130. Aggrieved by the action of the respondent No.2, the petitioner had filed the writ petition. 5. Heard Sri Srinivasulu Kurra, learned counsel for the learned Government Pleader for Municipal Administration Development appearing for the respondent No.1, learned Standing Counsel and as well as learned Government Pleader on dated 17.09.2024 was Chinna way back in respondent present petitioners, and Urban Sri A.S.C.Bose, for Stamps and Registration appearing for the respondents and perused the material available on record. Today when the matter came up for hearing, learned Standing Counsel appearing for the respondent No.2 has furnished a copy of instructions dated 09.01.2025, issued by the Commissioner, Ongole Municipal Corporation, wherein it is stated that the respondent-office has not taken any action on the endorsement dated 17.09.2024, but, however, they are ready to conduct a fresh survey, by following due process i.e., by issuing notices to the adjacent or neighboring plot/land by duly cancelling the previous endorsement vide C.C.No.598/2024 and C.C.No.594/2024, dated 17.09.2024. 6. owners 7. 6. owners 7. On a perusal of the endorsement dated 17.09.2024, it can be seen that the respondent Nos.4 to 6 along with Sri llindra Chinna Thayallu Setti, S/o Subramanyam and Smt. llindra Andalamma W/o Chinna Thayallu Setti, (who had died way back in the year 1996 and 1997), had . , submitted an application dated 20.08.2024, to the respondent No.2 I requesting to conduct a survey in the land in Sy.Nos.129 and 130. / Basing on the same, the Town Surveyor had conducted a survey and submitted his report stating that though the lands of the applicants falls under Sy.No.128, but, as per the document Nos.1443/1977 and 1729/2007, the applicants’ land falls in Sy.Nos.129 and 130. Admittedly, the said survey was conducted by the Town Surveyor without giving any notice to the petitioners. However on an application submitted by two (02) dead persons, as the respondents are ready to conduct a fresh by duly giving notices to the adjacent plot/land owners by duly survey cancelling the impugned endorsement dated 17.09.2024, instead of going into the merits of the case, this Court feels it appropriate to allow the writ petition. 8. In view of the same, this Court feels it appropriate to allow the writ petition by setting aside the impugned endorsement vide C.C.No.598/2024 and C.C.No.599/2024, dated 17.09.2024, issued by the respondent No.2 and the official respondents are directed to conduct a fresh survey in the land situated in Sy.No.129 and 130 of Ongole Rural, Prakasam District, in the presence of the petitioners by duly giving notices to them and as well as a fair opportunity of hearing to the petitioners and as well as the respondent Nos.4 to 6. The said shall be complete within a period of eight (08) weeks from the date of receipt of a copy of the order. process 9. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- G HELA NAIDU ASSISTANT REGISTRAR /’ //TRUE COPY// I, / SECTION OFFICER To 1. The Principal Secretary, Municipal Administration Velagapudi, Guntur. Andhra Pradesh 2. Ongole Municipal Corporation, rep by its commissioner Ongole, Prakasam District 3. Joint Sub Registrar-1, Ongole RO, Ongole, Prakasam District. 4. lindra Tirumala Venkata Ramana Rao, S/o. Chinna Thayallu Setty, aged 54 years, Occ Business, R/o.Sri Sankar Jewellars and , Pawn Brokers, Gandhi Road, Ongole, Prakasam Dist., 5. Ilindra Veera Venkata Satish Kumar, S/o. Chinna Thayallu Setty aged 53 years, Occ Business, R/o.Sri Sankar Jewellars and Pawn Brokers, Gandhi Road, Ongole, Prakasam Dist., Secretariat, . Rahman Saheb, aged 56 years , Occ Besides PDCC Bank, Kumool 6 Mohd Shakeer Hameed, S/o Business, R/o. 1st Floor, Vijaya Complex Road, Ongole. PANGULURU RACHANA Advocate [OPUC] URBAN DEV AP .High Court 7. One CC to SRI. GP MUNCIPAL ADMN AND Of Andhra Pradesh. [OUT] 8. Two CCS to CCS to A S C BOSE(SC FOR municipal corporation AP) Court of Andhra Pradesh.lOUT] GP FOR REGISTRATION 9. Two High and STAMPS, High Court of 10. Two CCS to Andhra Pradesh.[OUTl 11. Three CD Copies. HIGH COURT X ’ii DATED:09/01/2025 ORDER ANdw^ WP.No.26568 of 2024 oo ^ 0 5 MAR 2025 ^ . Curr®nt Section 5 (n to ALLOWING THE WP WITHOUT COSTS