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2025 DAILYLAW 36926 (AP)

C NAGABHUSHANAM v. The State of Andhra Pradesh

WP/1/2025 · 2025-01-03

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATk (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY^ TWO THOUSAND AND TWENTY FIVE x/ PRESENT^ THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRIS^HNA PRASAD WRIT PETITION NO: 1 OF 2025 / Between: C. Nagabhushanam, W/o Gopi, aged about 55 Years, R/o Kalyanapuram ST Colony, Puttur, Tirupati District ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Rev^ntfe Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District. 2. The District Collector, Tirupati District, Tirupati 3. The Revenue Divisional Officer, TirupatCTirupati District. 4. The Tahsildar, Tirupati Urban'Mandal, Tirupati, Tirupati District. 5. The Mandal Surveyor, Tirupati Urb^Mandal, Tirupati District, Tirupat ' ...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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not conducting ^rvey and not fixing the boundaries to the petitioners land to an extent of 990 Square Feet/110 Square Yards in Sy.No.1 and 3 in 19th Ward, (Uppangi Harijaawada Residential Area,) Korramenu Gunta, Tirupati Town, Tirupati Uraban Mandal, Tirupati District, under Sections 10 of the Andhra Pradesh Survey and Boundaries Act, 1923 (Act.No.VIII of 1923) in pursuance of the F.Line Application No.DER012401489640 dated 3-1-2^4 and Application No.DEROI2401522086 dated 7-10-2024 made by the Petitioner, as arbitrary, illegal, for extraneous considerations and in violation of the Provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 and also in violation of Article 14, 21, and 300A of the Constitution of India and consequently direct the Respondents to conduct the survey and fix the boundaries to the petitioners land to an extent oi 990 Square Feet/110 Square Yards in Sy.No.1 and 3 in 19th Ward, (Uppangi Harijaav\/ada Residential Area,) Korramenu Gunta, Tirupati Town, Tirupati Uraban Mandal, Tirupati District, under Sections 10 of the Andhra Pradesh Survey and Boundaries Act, 1923 (Act.No.VIII of 1923). lA NO: 1 OF 2025 Petition under Section IsYcPC 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 to conduct the boundaries to the petitioners land to an extent of 990 Square Feet/110 Square Yards in Sy.No.1 and 3 in 19th Ward. (Uppangi Harijaawada Residential Area,) Korramenu Gunta, Tirupati Town,irupati Uraban Mandal, Tirupati District, under Sections 10 of the Andhra Pradesh Survey Boundaries Act, 1923..(Act.No.Vlil of 1923 pending disposal of the above survey and fix the and writ petition. Counsel for the Petitioner: SRI SUBBA RAO KORRAPATI Counsel for the Respondent Nos.1 to 5:SRI K. ARJUN CHOW AGP FOR REVENUE v/ IJ^ARY, The Court made the following: ORDER 1 [3328] APHC010606372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1/2025 Between: 1.C NAGABHUSHANAM, W/0 GOPI, AGED ABOUT 55 YEARS, R/0 KALYANAPURAM ST COLONY, PUTTUR, TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, RER, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3.THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT. 4.THE TAHSILDAR, TIRUPATI URBAN MANUAL, TIRUPATI, TIRUPATI DISTRICT. 5.THE MANUAL SURVEYOR, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT, TIRUPAT ...RESPONDENT(S): Counsel for the Petitioner: 1.SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following: ORAL ORDER: Heard Sri Subba Rao Korrapati, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the F-line Applications submitted by the Writ Petitioner dated 03.01.2024 and 07.10.2024 (Exs.P.2 and P.3 respectively). 2. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Tirupati Urban Mandal dated 02.01.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. 3. 4. The said Written Instruction would indicate that when the Mandal Surveyor made enquiry on 20.12.2024, it was noticed that the Writ Petitioner is not in possession and enjoyment of the subject land. It is also stated that the Application of the Writ Petitioner for survey is now under enquiry, and the same will be disposed of by following the due process of law. Having regard to the above Written Instructions, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Respondent No.4 to consider the Applications of the Writ Petitioner (mentioned supra) and pass the final proceeding in accordance with law within a period of 6 weeks from today and communicate a copy of such proceeding to all the interested parties including the Writ Petitioner herein forthwith. 5. 6. Needless to state that the Respondent No.4 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notices to all the interested parties including the Writ Petitioner, consider their submissions/objections and documents, if any, before issuing the final proceeding. 3 V. 7. Writ Petitioner is directed to submit a copy of this Order to Respondent No.4 within one week from today, for effective compliance. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR / //TRUE COPY// ON OFFICER To, 1. The Principal Secretary, Reverb Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati Capital City, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Tirupali, Tirupati District. 4. The Tahsildar, Tirupati Urban Mandal, Tirupati, Tirupati District. 5. The Mandal Surveyor, TirupatVUrban Mandal, Tirupati District, Tirupat 6. One CC to Sri Subba Rao Kof'rapati, Advocate [OPUC] 7. Two CCs to GP for RevenuefRigh Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:03/01/2025 ORDER WP.No.1 of 2025 1 ? JAN 2025 /Xo . Current Section SwfSPATCV^SSf DISPOSING OF THE W.P. WITHOUT COSTS