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2025 DAILYLAW 44536 (AP)

GurijavoluSambasivaRao v. The State of Andhra Pradesh

WP/10089/2025 · 2025-04-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10089 OF 2025 Between: 1. Gurijavolu Sambasiva Rao, S/o. Seetharamaiah Aged 73 Years R/o. KondalavariPalem Village KolimerlaShivaru, KakamanuMandal, Guntur Dist. 2. Gurijavolu Mohan Rao, S/o. Seetharamaiah, Aged 70 Years, R/o. KondalavariPalem Village KolimerlaShivaru, KakamanuMandal, Guntur Dist. ...Writ Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Bldgs, Velagapudi, Amaravati 2. The District Collector, Guntur District 3. The Revenue Divisional Officer, Tenali, Guntur District 4. The Thasildar, Kakamanu Mandal, Guntur District. 5. The District Surveyor, Guntur, Guntur 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 a writ, order or direction more particularly one in the nature of writ of Mandamus, to declare the inaction of the 3rd respondent in taking action on petitioners representation which was received by him on 7.11.2024 with regard to survey the land of petitioners and fixing the boundaries pertaining to lands in an extent of Ac. 0.23 cents in Sy No. 385/8A, Ac. 0.245 cents in SY No. 385/8A1, Ac. 0.62 cents in Sy No. 385/7A, an exten-t of Ac. 0.08 cents in SY No. 385/5A and an extent of Ac. 0.81 cents in Sy No. 385/6 in total Ac. 2.02 cents situated at Kollimerla Village, KakunuruMandal, Guntur District inspite of lapse of three months is illegal and consequently direct the 3rd respondent to take action representation which was received on 7.11.2024 forthwith. on our lA NO: 1 OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 3'"' respondent to take action on our representation which was received on 7.11.2024 with regard to survey the petitioners land pending disposal of the above writ petition in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit. Counsel for the Petitioner: SRI BALAJI BOLLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010187652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 7 TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10089/2025 Between; ...PETITIONER(S) Gurijavolusambasivarao and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.BALAJI BOLLA Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: To issue a writ order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the 3rd respondent in taking action on petitionersrepresentation which was received by him on 7.11.2024 with regard to survey the land of petitioners and fixing the boundaries pertaining to lands in an extent of Ac.0.23 cents in Sy.No.385/8A Ac.0.245 cents in SY.No.385/8A1, Ac.O. 62 cents in Sy.No.385/7A an extent of Ac.0.08 cents in SY.No.385/5A and an extent of Ac.0.81 cents in Sy.No.385/6 in total Ac.2.02 cents situated at Kollimerla Village KakunuruMandal Guntur District inspite of lapse of three months is illegal and consequently direct the 3rd respondent to take action on our representation which was received on 7.11.2024 forthwith in the interest of justice and to pass such other order or orders...” Heard the learned counsel for the petitioner and the learned 2. Government Pleader for the respondents. 3. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject property, admeasuring to an extent of Ac.0.23 cents in Sy.No.385/8A, Ac.0.245 cents in Sy.No.385/8A1, Ac.0.62 cents in Sy.No.385/7A, Ac.0.08 cents in Sy.No.385/5A, and Ac.0.81 cents in Sy.No.385/6, totaling an extent of Ac.2.02 cents, situated at Kolimerla Village, Kakunuru Mandal, Guntur District. The petitioners submitted an application/representation dated 07.11.2024 to the respondent authorities. requesting for conducting survey and demarcation of the subject property. However, even after receipt of the said representation, the respondent authorities neither considered the petitioners' representation dated 07.11.2024 nor issued any further proceedings. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 15.04.2025 issued by the 4*'^ respondent herein, wherein it is stated that:- “The petitioners stated that they got the subject iand from their famiiy properties inherited and scheduies mentioned in their documents are not taiiied with the extents as they are now claiming. A$ the survey Is regarding partitioned properties of two brothers of a family among the properties devolved on them in partition. Hence the petitioners are already asked by the Field Functionaries verbally to file an affidavit in support of their claim along with documents. /As they did not preferred to furnish the same, a notice is issued to the petitioners herein and all boundaries and the survey will be concluded by 30.04.2025 to redress the grievance of the petitioners herein”. The learned Assistant Government Pleader submits that the respondent authorities are taking steps to conduct the survey and have issued notices to all the concerned parties. He further submits that the survey will be concluded on or before 30.04.2025. 5. 0. Having regard to the submissions made by the learned counsel for the learned Assistant Government Pleader for the petitioners and the respondents, and upon perusal of the material available on record, it appears that the representation of the petitioners sought for conducting a survey in respect of the subject property is under active consideration by the respondent written instructions submitted by the authorities. On perusal of the respondents, wherein it is clearly stated that the survey will be conducted and completed on or before 30.04.2025. In view of the categorical admission by the respondents that they are proceeding with the survey to address the grievance of the petitioners, the respondents are hereby directed to conduct the survey and fix the boundaries of the subject property within a reasonable time, as stated in the written instructions. Upon completion of the survey, the 4th respondent is further directed to provide a copy of the survey report to the petitioners within a period of one month from the date of completion of the survey. 7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat Bldgs, Velagapudi, Amaravati 2. The District Collector, Guntur District Revenue 3. The Revenue Divisional Officer, Tenali, Guntur District 4. The Thasildar, Kakamanu Mandal, Guntur District4. 5. The District Surveyor, Guntur, Guntur District 6. One CC to Sri Balaji Bolla, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra 8. Three CD Copies Pradesh. [OUT] sree .p HIGH COURT DATED:22/04/2025 ORDER WP.No.10089 of 2025 DISPOSING THE W.P. WITHOUT COSTS