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2025 DAILYLAW 41560 (AP)

GADDE BULLI RAJU v. The State of Andhra Pradesh

WP/28683/2025 · 2025-11-16

D Ramesh

body2025

Judgment text

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DR,J WP.No.28683 of 2025 APHC010554882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28683 OF 2025 Between: 1. GADDE BULLI RAJU, S/o. Duggi Raju, Age 62 years, Occ Cultivation, R/o. Reddyganapavaram Village, Buttaigudem Mandal, Eluru District. 2. Alluri Someswara Rao, S/o. Venkat Rao, Age 52 years, Occ Cultivation, R/o. Reddyganapavaram Village, Buttaigudem Mandal, Eluru District. 3. Alluri Mohan Rao, S/o. Ranga Rao, Age 45 years, Occ Cultivation, R/o. Reddyganapavaram Village, Buttaigudem Mandal, Eluru District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by Principal Secretary to the Government, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Eluru District at Eluru. 3. The Revenue Divisional Officer, Jangareddygudem Revenue Division, Eluru District. 4. The Tahsildar, Buttaigudem Mandal, Buttaigudem, Eluru District. 5. Gadde Durga Rao, S/o. Satyanarayana, R/o. Reddyganapavaram Village, Buttaigudem Mandal, Eluru District. DR,J WP.No.28683 of 2025 ...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 toPleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly 4th respondent at the instance of 5th respondent in insisting the petitioners to vacate from a portion of their landed property out of Ac.20.40 cents, Ac. 11.00 cents, Ac.0.12 cents, Ac.0.50 cents, Ac. 1.06 cents, Ac.1.04 cents and Ac.8.10 cents covered by S.No.277/7, 277-5A, 277- 5B, 277-2,277-3,277-4 and 277-6 situated at Reddyganapavaram Revenue Village of Buttaigudem Mandal in Eluru District, under the guise of survey pursuant to survey notice dated 03.10.2025 in proceeding R.C.No.2089/2021 (A) issued by 4th respondent without considering petitioners reply/objections dated 06.10.2025, as illegal, irregular, irrational, without jurisdiction and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession and enjoyment over their aforesaid landed properties and pass Counsel for the Petitioners: NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:NAGA PRAVEEN VANKAYALAPATI DR,J WP.No.28683 of 2025 The Court made the following ORDER: 1. The present writ petition is filed 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 respondents more particularly 4th respondent at the instance of 5th respondent in insisting the petitioners to vacate from a portion of their landed property out of Ac.20.40 cents, Ac. 11.00 cents, Ac.0.12 cents, Ac.0.50 cents, Ac. 1.06 cents, Ac.1.04 cents and Ac.8.10 cents covered by S.No.277/7, 277-5A, 277- 5B, 277-2,277-3,277-4 and 277-6 situated at Reddyganapavaram Revenue Village of Buttaigudem Mandal in Eluru District, under the guise of survey pursuant to survey notice dated 03.10.2025 in proceeding R.C.No.2089/2021 (A) issued by 4th respondent without considering petitioners reply/objections dated 06.10.2025, as illegal, irregular, irrational, without jurisdiction and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession and enjoyment over their aforesaid landed properties…” 2. Heard arguments of Ms.Nimmagadda Revathi, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue and learned counsel appearing for respondent No.5. 3. Learned counsel for the petitioner submitted that 4th respondent at the instance of 5th respondent insisting the petitioners to vacate the portion of their landed property in the subject property without conducting proper survey. In fact, considering the material and submissions of the learned counsel for the petitioners, this Court has passed an interim order on 17.10.2025. DR,J WP.No.28683 of 2025 4. After notice, learned counsel appearing for 5th respondent submitted that in fact, for conducting the survey, the 4th respondent issued notices. Despite the same, the respondent authorities have not chosen to conduct the survey. 5. Considering the submissions made by both the learned counsel as the issue involved in the writ petition is that there should be proper survey by competent authorities as per the provisions of the Andhra Pradesh Survey and Boundaries Act. 6. In view of the same, without going into the merits of the case, the writ petition is disposed of directing the respondent authorities to conduct proper survey after issuing notice to the petitioner and respondent No.5 and all other stakeholders and pass appropriate orders in accordance with law. As a sequel, all pending applications, if any, shall stand closed. ________________ JUSTICE D RAMESH Date: 17.11.2025 Dvs DR,J WP.No.28683 of 2025 133 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28683 OF 2025 Date: 17.11.2025 Dvs