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2025 DAILYLAW 40341 (AP)

BANDI SATHYVATHI DEVI v. THE STATE OF AP

WP/31615/2025 · 2025-11-13

D Ramesh

body2025

Judgment text

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APHC010596032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31615/2025 Between: 1. BANDI SATHYAVATHI DEVI, W/O B. BHARATH KUMAR REDDY (LATE) AGED ABOUT 60 YEARS, R/O DOOR NO. 13/22-3, GURDURTOWN AND MANDAL, NELLORE DISTRICT. 2. SRI BANDI SRIDHAR REDDY,, S/O VENU GOPAL REDDY AGED ABOUT 53 YEARS, R/O NEAR JANATHA BOOK STALL, GUDUR MANDAL, NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, GUDUR DIVISION, NELLORE DISTRICT. 3. THE TAHSILDAR, GUDUR MANDAL, NELLORE DISTRICT. 4. THE MANDAL SURVEYOR, GUDUR MANDAL, NELLORE DISTRICT. 5. THE TOWN PLANNING OFFICER, GUDUR MUNICIPALITY GUDUR MANDAL, NELLORE DISTRICT. 6. SRI SATYASAI SPIRITUAL AND SERVICE SOCIETY, REP. BY ITS PRESIDENT GARAPATI RAVI KUMAR, S/O NOT KNOWN TO THE PETITIONERS, GUDUR MANDAL, NELLORE DISTRICT. 2 ...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 in the nature of a Writ of Mandamus, declaring the action of the respondents more specifically, the 4th respondent in issuing notice to the petitioners under Sections 15(1), 22, and 23 of the Act, 1923 on the application filed by the unofficial respondent, as the unofficial respondent is neither adjacent landowner nor they dont claim any right, title, or interest over the petitioners property, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Survey and Boundaries Act, 1923. Consequently set aside the notice issued by the 4th respondent under Sections 15(1), 22, and 23 of the Act, 1923 on the application filed by the unofficial respondent, and to pass IA 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 stay the operation of the notice issued by the 4th respondent under Sections 15(1), 22, and 23 of the Act, 1923 on the application filed by the unofficial respondent, and grant such Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 31615 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the 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 respondents in issuing notice to the petitioners under Sections 15(1), 22 and 23 of A.P.Survey and Boundaries Act, 1923 on the application filed by the unofficial respondent, as the unofficial respondent is neither adjacent land owner nor they do not claim any right, title or interest over the petitioner’s property as illegal and arbitrary”. 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. 3. As per the notice issued by the respondent authorities, the survey was scheduled on 06.02.2025. In fact, the contention of the petitioners is that the land, which the 6th respondent is asking for survey, is not the adjacent land to the petitioners’ land. In view of the same, the notice itself is contrary to the provisions of the Act. 4. Considering the submissions made and on perusal of the record as the notice was scheduled on 06.02.2025, which was already happened, this Court is not inclined to keep the writ petition pending, accordingly, the writ petition is disposed of directing the respondent authorities to provide endorsement, if survey was 4 conducted on that day, to the petitioners herein. If survey was not conducted, the petitioners are given liberty to file their objections. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:14.11.2025 sj 5 117 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 31615 of 2025 14.11.2025 ssjj