Bommala Deva Sahayam v. The State of Andhra Pradesh,
WP/10481/2025 · 2025-04-22
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44799 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44799 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
^' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA/ft (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIl]fe TWO THOUSAND AND TWENTY FIVE \ >1 Oft PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIVIMAGADDA WRIT PETITION NO: 10481 OF 2025 Between: Bommala Deva Sahayam, S/o. Daniyelu, age 55 years, R/o. Santhanuthalapadu Village and Mandal, Prakasam District. ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Dept., Secretariat, Velagapudi, Guntur. The District Collector and District Magistrate, Prakasam District at Ongole. The Revenue Divisional Officer, Ongole Division, Prakasam Dist. The Tahsildar, Santhanuthalapadu Mandal Santhanuthalapadu, Prakasam District. Dumpa Koti Reddy, S/o. Sangareddy, Aged 92 years, R/o. Santhanuthalapadu (V and M), Prakasam District. Dumpa Ravindra, S/o. Koti Reddy, Aged 54 years. Occ: Pvt Job, R/o.Santhanuthalapadu (v and m), Prakasam District. Dumpa sangram, S/o. Koti Reddy, Aged 56 years, Occ: Pvt Job, R/o. Santhanuthalapadu (v and m), Prakasam District.
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7. ...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 directing the official respondents, particularly the Tahsildar R-4 to conduct survey and measure the land in an extent of Ac.0.78 cents situated in Sy.No.306/1 Gangavaram, H/0 Sathanuthalapadu
i Village and Mandal, Prakasam District belonging to the petitioner by laying boundaries and also issue Rythuvari Patta and also Pattadar Passbook and Title Deed in favour of the petitioner in respect of the said land is illegal, arbitrary and in violation of Article 14 and 300-A of the Constitution of India and be further.
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 pass an interim order directing the official respondents, particularly the Tahsildar to issue notice to the petitioner in compliance with the
Order dated 28-02-2025 passed by the Hon’ble Court in the WP.NO.5116/2025 and also to prevent the unofficial respondents5 to 7 from interfering with the possession and enjoyment of the said land by the petitionerand be further. Counsel for the Petitioner : SRI KISHORE KUMAR YANGALA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 to 7 : NONE APPEARED The Court made the following: ORDER
f APHC010207082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) s,, < [3329] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10481/2025 Between: Bommala Deva Sahayam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. KISHORE KUMAR YANGALA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10481/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus directing the official respondentsparticularlythe Tahslldar-R4to conduct survey and measure the land in an extent of Ac.0.78 cents situated In Sy.No.306/1, Gangavaram, H/o.Sathanuthalapadu Village and Mandal, Prakasam District belonging to the petitioner by laying boundaries and also issue Rythuvari Patta and also Pattadar Passbook and Title Deed in favour of the petitioner in respect of the said land is illegal, arbitrary and in violation of Article 14 and 300-A of the Constitution of India and pass such other order. ”
2. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the official respondents.
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Learned counsel for the petitioner submits that the nd petitioner submitted a representation dated 10.02.2025 to the 2 respondent requesting to conduct survey of the petitioner’s land admeasuring to an extent of Ac.0.78 cents in Sy.No.306/1, Gannavaram, H/o.Sathanuthalapadu Village and Mandal and lay boundaries for the same. While things stood thus, the unofficial respondents filed W.P.No.5116 of 2025 on the file of this Court, wherein this Court held as follows:
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submissions, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit directing the Tahsiidar (Respondent No. 4) to consider the Appiication of the Writ Petitioners dated 25.01.2025 (Ex. P.1) and issue Finai Proceeding within a period of eight (08) weeks from the date of information given to the Tahsiidar by the Writ Petitioners about the removai of the bushes in the subject iand and convey a copy of such finai Proceeding to aii the interested parties.
7. Neediess to state that the Tahsiidar, Santhanuthaiapadu (Respondent No. 4) is statutoriiy obiigated to issue advance notice to aii the interested parties inciuding the Writ Petitioner herein, consider their submissions/objections and documents, if any, before issuing the finai Proceeding.
8. The Writ Petitioners are directed to submit copy of this Order to the Respondent No. 4 within one week from today for effective comptiance.
9. With these observations and directions, this Writ Petition stands disposed of No order as to costs. ’’
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Learned counsel for the petitioner further submits that taking advantage of the order dated 28.02.2025 passed by this Court in W.P.No.5116 of 2025, the unofficial respondents herein threatening to interfere with the petitioner’s peaceful possession and enjoyment of the subject land. Aggrieved by the same, the present Writ Petition is filed. are
5. Learned Assistant Government Pleader for the submits that the respondents are trying to comply with the order dated 28.02.2025 passed by this Court in W.P.No.5116 of 2025. He further submits that it is only the apprehension of the petitioner that the respondents are not taking any steps for conducting
directed by this Court. After issuing notices and considering objections of the parties concerned, the respondents will conduct and complete the survey as directed by this Hon’ble Court. revenue survey as the
6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the revenue, it is observed that the petitioner submitted a representation dated 10.02.2025 requesting the 2 conduct survey of his land and lay boundaries for the further observed that Writ Petition No.5116 of 2025 filed unofficial respondents herein seeking to consider their application nd respondent to same. It is by the f-line dated 25.01.2025 for conducting survey and demarcation. The said writ petition was disposed of directing the Tahsildar to consider and dispose of the f-line application of the unofficial respondents herein, after issuing advance notice to all the interested parties and by considering their objections, if any. Without touching the merits of the case, this Court deems it appropriate to dispose of the present writ petition directing the respondents conduct survey, after issuing notice to all the interested to parties
5 including the petitioner and unofficial respondents herein and considering the objections, if any submitted by them, within a period of two(2) months from the date of receipt of copy of this Order.
7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER SecreiTrteS; Ve®lfg?S: Sr® ^ Ongde Collector and District Magistrate, Prakasam
3. The Revenue Divisional Officer, Ongole Division. Prakasam Prakifam Santhanuthalapadu
5. One CC to Sri Kishore Kumar Yangala, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra
7. Three C.D. Copies. District at Dist. Pradesh. [OUT] Cnr
HIGH COURT DATED:23/04/2025
ORDER WP.No.10481 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS