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2025 DAILYLAW 3414 (AP)

Lam Sajjan Rao v. The State of Andhra Pradesh,

WP/1131/2025 · 2025-01-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUAI^ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1131 OF 2025 Between: 1. Lam Sajjan Rao, S/o Abraham, Occ: Cultivation, Aged 57 Years, R/o. 21-44/2, West Ibrahimpatnam, Ibrahimpatnam Mandal, NTR District. 2. Lam Samson, S/o Abraham, Aged 60 Years, Occ: Cultivation, R/o. D.No. 7, Kotha Harijanawada Athkur Village, Ungutur Mandal, Krishna District. / ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The District Surveyor, O/o District Collector, Krishna District at Machilipatnam. 4. The Revenue Divisional Officer, Gudivada Revenue Division, Gudivada, Krishna District. 5. Deputy Inspector of Survey, Gudivada Revenue Division, Gudivada Krishna District. 6. The Tahsildar, Ungutur Mandal Ungutur, Krishna District. 7. The Mandal Surveyor, Ungutur Mandal, Ungutur, Krishna District. 8. The Village Revenue Officer, Athkur Village O/o Grama Sachivalayam, Athkur, Ungutur Mandal, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 declaring the inaction on the part of respondents on petitioners representation dt. 29.11.2024 submitted for (Conducting survey and fixation of boundaries for his House Site Properties bearing Plot No. 3 and 4 to an extent of Ac 0.05 Cents each Covered by Survey No 630 of Athkur Village, Ungutur Mandal of Krishna District amounts to non-discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and Board Standing Order 34-A and 34-B of Andhra Pradesh Board of Revenue Standing Orders and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents 5 to 8 to conduct survey and fix boundaries for the aforesaid house site properties. as 1 lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents particularly the respondents 5 to 8 to consider and initiate necessary action on petitioners’ representation dt. 29.11.2024 submitted for conducting survey and fixation of boundaries for his House Site Properties bearing Plot No. 3 & 4 to an extent of Ac 0.05 Cents each Covered by Survey No. 630 of Athkur Village, Ungutur Mandal of Krishna District, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI KARTHI KIRAN REPRESENTING FOR SMT. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC01001656 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m hMh [3328] ^ MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.1131/2025 Between; 1.LAM SAJJAN RAO, S/0 ABRAHAM, OCC: CULTIVATION, AGED 57 YEARS, R/0. 21-44/2, WEST IBRAHIMPATNAM, IBRAHIMPATNAM MANDAL, NTR DISTRICT. 2. LAM SAMSON, S/0 ABRAHAM, AGED 60 YEARS, OCC; CULTIVATION, R/0. D.NO. 7, KOTHA HARIJANAWADA ATHKUR VILLAGE, UNGUTUR MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT DISTRICT. VELAGAPUDI, AMARAVATHI, GUNTUR 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3.THE DISTRICT SURVEYOR, 0/0 DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 4.THE REVENUE DIVISIONAL OFFICER, GUDIVADA REVENUE DIVISION, GUDIVADA, KRISHNA DISTRICT. 5.DEPUTY INSPECTOR OF SURVEY, GUDIVADA REVENUE DIVISION, GUDIVADA, KRISHNA DISTRICT. 6.THE TAHSILDAR, UNGUTUR MANDAL, UNGUTUR, KRISHNA DISTRICT. 7.THE MANDAL SURVEYOR, UNGUTUR MANDAL, UNGUTUR, KRISHNA DISTRICT. 2 GRKPJ W.P.No.1131 of 2025 8.THE VILLAGE REVENUE OFFICER. ATHKUR VILLAGE 0/0 GRAMA SACHIVALAYAM. ATHKUR, UNGUTUR MANUAL KRISHNA DISTRICT. ...RESPONDENT(S) Counsel for the Petitioners; 1.P. KARTHI KIRAN FOR NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri P. Karthi Kiran, Ld. Counsel appearing on behalf of Smt. Nimmagadda Revathi, Ld. Counsel for the Writ Petitioners, and Smt. Baliboyina Sravani Ld. Assistant Government Pleader for Revenue. 2. Ld. Counsel appearing on behalf of the Writ Petitioners has drawn the attention of this Court to the Representation submitted by the Writ Petitioners, dated 29.11.2024 (Ex.P1). He would also submit that when the Writ Petitioners have made an attempt to make an F-Line Application at Grama Sachivalayam, the same was not accepted. 3 GRKP,J W.P.No.1131 of 2025 Para 5 of the Affidavit filed in support of this Writ Petition would also indicate that the Official Respondents have not accepted the F-Line Application of the Writ Petitioners. 3. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits, directing the Tahsildar, Ungutur Mandal, Krishna District (Respondent No.6) to consider the representation of the Writ Petitioners, dated 29.11.2024 (Ex.P1), and issue Final Proceeding within six weeks from today and communicate a copy of such Proceeding to the Writ Petitioners herein forthwith. Needless to state that the Respondent No.6 is statutorily obligated to adhere to the Principles of Natural Justice by issuing an Advance Notice to all the interested parties, including the Writ Petitioners herein submissions/objections and documents, if any, before issuing the Final Proceeding. 4. and consider their The Writ Petitioners are directed to submit a copy of this Order to the Respondent Nos.4 and 6 within one week from today for effective compliance. 5. 4 GRKP,J W,P.No,1131 of 2025 0- 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this Order. SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// TlO^dFFICER SEC To, 1. The Principal Secretary to Government, Revenue Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The District Surveyor, O/o District Collector Machilipatnam. 4. The Revenue Divisional Officer, Gudivada Revenue Division Krishna District. 5. Deputy Inspector of Survey, Gudivada Revenue Division Krishna District. 6. The Tahsildar, Ungutur Mandal Ungutur, Krishna District. 7. The Mandal Surveyor, Ungutur Mandal, Ungutur, Krishna District. Revenue Officer, Afhkur Village O/o Grama Sachivalayam Athkur, Ungutur Mandal, Krishna District. 9. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 11. Three CD Copies Krishna District at Gudivada, Gudivada [OUT] TF I 't HIGH COURT DATED:20/01/2025 X O'! FEB 2025 tX^ Curreni Secuon ^ Vj[OeSPATCV5^ ORDER WP.No.1131 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS