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2025 DAILYLAW 34891 (AP)

NAKKA PREMALATHA v. THE STATE OF AP

WP/28216/2025 · 2025-10-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010547972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28216 of 2025 Between: 1. NAKKA PREMALATHA, W/O LATE JADA SAMUEL VIJAYAKUMAR AGED 63 YEARS, RTD.EMPLOYEE, R/O D.NO.C.55, SC COLONY, DUPPADA, VIZIANAGARAM 2. JADA DAVID, S/O LATE JADA SAMUEL VIJAYAKUMAR AGED 36 YEARS. GOVT, SERVICE, R/O D.NO.C.55, SC COLONY, DUPPADA, VIZIANAGARAM 3. JADA MARY RANI, D/O LATE SAMSON VIJAYAKUMAR AGED 33 YEARS, R/O AT D.NO.1-17/12-13, BODDADIPETA CONTONEMENT, VIZIANAGARAM 4. JADA RANJITH KUMAR, S/O LATE SAMSON VIJAYAKUMAR AGED 32 YEARS, R/O AT D.NO.1-17/12-13, BODDADIPETA CONTONEMENT, VIZIANAGARAM ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT VISAKHAPATNAM 3. THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, COLLECTORATE, VISAKHAPATNAM 4. THE DISTRICT SURVEYOR, DISTRICT SURVEY AND LAND RECORDS, COLLECTORATE, VISAKHAPATNAM 5. THE TAHSILDHAR, PENDURTHI MANDAL PENDURTHI, VISAKHAPATNAM DISTRICT 6. THE MANDAL SURVEYOR, PENDURTHI MANDAL, VISAKHAPATNAM ...RESPONDENT(S): 2 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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents 3 to 6 herein in not consider the representation dt.29-09-2025 request them to conduct the survey and fix the boundaries of the lands in an extent of Ac.25-95 cents of land in (new) Sy.No.179/2 old Sy.No.2-A/4 situated at Chinamushidiwada village accounts Pendurthi Mandal, Visakhapatnam District as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently direct the respondent NO. 3 to 6 herein to conduct the survey and fix the boundaries of the lands in an extent of Ac.25-95 cents of land in (new) Sy.No.179/2 old Sy.No.2-A/4 situated at Chinamushidiwada village accounts, Pendurthi Mandal, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District by consider the representation dt.29-09-2025. Counsel for the Petitioner(S): 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents 3 to 6 herein in not consider the representation dt.29.09.2025 request them to conduct the survey and fix the boundaries of the lands in an extent of Ac.25-95 cents of land in (new) Sy.No.179/2 old Sy.No.2-A/4 situated at Chinamushidiwada village accounts Pendurthi Mandal, Visakhapatnam District as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently direct the respondent No.3 to 6 herein to conduct the survey and fix the boundaries of the lands in an extent of Ac.25-95 cents of land in (new) Sy.No.179/2 old Sy.No.2-A/4 situated at Chinamushidiwada village accounts, Pendurthi Mandal, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District by consider the representation dt.29.09.2025 and pass such other order or orders ….” 2. Precisely, the Writ Petition is filed seeking a direction to the respondent Nos.3 to 6 to conduct the survey and fix the boundaries of the lands in an extent of Acs.25.95 cents of land in (new) Sy.No.179/2 old Sy.No.2-A/4, situated at Chinamushidiwada village Accounts, Pendurthi Mandal, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District. 3. Learned Assistant Government Pleader has vehemently opposed the request made by the learned counsel for the petitioners. 4 4. Without going into the merits of the case, this Court is inclined to direct the 3rd respondent to examine the representation dated 29.09.2025 and pass appropriate orders in accordance with law and it goes without saying that the said representation shall be addressed within a period of four (4) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.10.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28216 of 2025 Date: 23.10.2025 siva