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2025 DAILYLAW 4044 (AP)

P JAYAMMA v. THE STATE OF AP

WP/1478/2025 · 2025-01-22

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASA WRIT PETITION NO: 1478 OF 2025 Between: P. Jayamma, W/o. Venkateswarlu, Aged 58 years, R/o. D.No. 1-210, Near Municipal Office Chennai Road, Srikalahasthi, Tirupati District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Revenue Department, A.P Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Sullurpeta, SPSR Nellore District. 4. The Tahsildar, Varadaiahpalem Mandal Tirupati District. 5. The Village Surveyor, CLN Palle Village, Varadaiahpalem Mandal, Tirupati District. ...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 any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.5 in not conducting a survey for demarcating and fixing the boundaries of the petitioners subject lands admeasuring an extent of Ac.0.19 Cents in Sy.No.90/8, Ac.0.56 Cents in Sy.No.84/4/2 and an extent of Ac.0.24 Cents in Sy.No. 100/5 of Kuranjulam Village, Varadaiahpalem Mandal, Tirupati District, pursuant to the notice dt.08.01.2025 issued by Respondent No.5 herein as illegal, arbitrary, unjust and unconstitutional and violative of Article 14, 21 and 300-A of the Constitution of India, consequentially direct \ the respondents herein to conduct a survey, demarcate and fix the boundaries in the subject lands of the petitioner admeasuring an extent of Ac.0.19 Cents in Sy.No.90/8, Ac.0.56 Cents in Sy.No.84/4/2 and an extent of Ac.0.24 Cents in Sy.No. 100/5 of Kuranjulam Village, Varadaiahpalem Mandal, Tirupati District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to conduct a survey, demarcate and fix the boundaries in the subject lands of the petitioner admeasuring an extent of Ac.0.19 Cents in Sy.No.90/8, Ac.0.56 Cents in Sy.No.84/4/2 and an extent of Ac.0.24 Cents in Sy.No. 100/5 of Kuranjulam Village, Varadaiahpalem Mandal, Tirupati District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI G.R. SUDHAKAR FOR SRI V. VINOD K REDDY Counsel for the Respondents: SRI K. ARJUN CHOWDARY, ASST.GP FOR REVENUE The Court made the following: ORDER 1 APHC010027722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1478/2025 050 0r-tS Between: IP JAYAMMA, W/0. VENKATESWARLU, D.NO. 1-210, NEAR MUNICIPAL OFFICE SRIKALAHASTHI, TIRUPATI DISTRICT. AGED 58 YEARS, R/0. CHENNAI ROAD, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P SECRETARIAT, GUNTUR DISTRICT. VELAGAPUDI, 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3.THE REVENUE DIVISIONAL OFFICER, SULLURPETA, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, VARADAIAHPALEM MANDAL DISTRICT. TIRUPATI 5.THE VILLAGE SURVEYOR, CLN PALLE VILLAGE VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.V VINOD K REDDY Counsel for the Respondent(S): 2 1.GP FOR ASSIGNMENT 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri G.R. Sudhakar, learned Counsel appearing on behalf of Sri V. Vinod K Reddy, 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 Notice issued by the Tahsildar (Respondent No.4) dated 08.01.2025 directing all the parties including the neighbors to attend survey that is proposed to be conducted on 10.01.2025 at 2.00 P.M (Ex.P.1). It is the submission of the learned Counsel for the Writ Petitioner that on account of certain objections raised by the neighbors, the Tahsildar (Respondent No.4) and the Village Surveyor (Respondent No.5) did not conduct the survey on the scheduled date. It is also the submission of the learned Counsel for the Writ Petitioner that the Official Respondents ought to have conducted the survey and that for any reason if the survey is not conducted, they are duty-bound to pass an Order, one way or the other, in order to enable the Writ Petitioner to explore his remedies under law. 2. Having regard to these facts and circumstances and the submissions 3. made by the learned Counsel for the Writ Petitioner, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without into the merit, directing the Tahsildar, Varadaiahpalem Mandal going (Respondent No.4) to issue final proceeding in accordance with law within a period of three weeks from today and communicate a copy of such Order to all the interested parties including the Writ Petitioner herein forthwith. 3 4. Writ Petitioner is directed to submit 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. 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- B PRASADA RAO ASSISTAN\T RE^TRAR OFFICER a copy of this Order to Respondent 5. //TRUE COPY// SE To. 1. The Principal Secretary, Revenue Department, State of AP A P Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Sullurpeta, SPSR Nellore District. 4. The Tahsildar, Varadaiahpalem Mandal Tirupati District. 5. The Village Surveyor, CLN Palle Village, Varadaiahpalem Mandal Tirupati District. 6. One CO to Sri V. Vinod K Reddy, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED:22/01/2025 ORDER AMoTy^ 2 2 JAN 2023 ^ Current Section WP.No.1478 of 2025 /X (Vo <o DISPOSING OF THE W.P. WITHOUT COSTS