IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12144 OF 2025 Between:- I 1. Sri. Macha Satyanandham S/o Sathiramu Aged 43 years, Occ: Daily wage Worker, Veerabrahmam gudi Street, Yetimoga, Kakinada East Godavari District Andhra Pradesh. 2. Sri, Katadi Venkataswararao S/o Adhinarayana Aged 63 years, Occ: Daily Wage Worker R/o Yetimoga, Jaganhaikpur, Kakinada Urban East Godavari District Andhra Pradesh. 3. Sri. Dhandruprolu Durga prasad S/o adinarayana Aged 39 years, occ: Daily Wage Worker R/o Yetimoga, Kakinada District Andhra Pradesh. 4. Sri. Dhandruprolu Adinarayana S/o Veerraju Occ: Daily Wage Worker Aged 67 years, R/o Nandi Gudi. Yetimoga, Kakinada District, Andhra Pradesh. 5. Sri. Seeram Srinivas S/o Satyanarayana, Occ: Daily Wage Worker Aged 60 years, R/o Palepu Musalayya Street, Jagannaickpur, Kakinada District, Andhra Pradesh 6. Sri. Pemmadi Rarhprasad S/o Apparao Aged 45 years, Occ: Daily Wage Worker R/o Boat Yard, Yetimoga, Kakinada District, Andhra Pradesh 12 H 7. Smt. Kolati Nookaratnam W/o Lakshmanarao Aged 41 years, Yetimoga, Yerra Road, Kakinada District, Andhra Pradesh Sri. Palupoiu Suryanarayana rao S/o Appalaswamy, Occ; Daily Wage Worker Aged 40 years, Ramalayam, Yetimoga, Kakinada District, Andhra Pradesh. Sri. Oleti Raju, S/o Apparao, Occ: Daily Wage Worker Aged 39 years, R/o Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Smt. Oleti Satyavathi, W/o Apparao Aged 59 years, R/o Yetimoga, Kakinada Kakinada District, Andhra Pradesh. Sri. Koppunathi Deva raj S/o Dhevullu S/o Narasimha Late, Aged 28 years, Occ: Daily Wage Worker R/o Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Smt. Pinapothu Sandhya C/o Durgarao, Aged 34 years, Occ: Daily Wage Worker R/o Anjaneyaswamy Temple, Yetimoga, Kakinada Urban, Kakinada District, Andhra Pradesh. Sri. Palepu Arjuna Rao S/o Tatarao, Occ: Daily Wage Worker Aged 44 years R/o Jagannaickpur, Mahalakshmi nagar, Kakinada Urban, Kakinada District, Andhra Pradesh. 8. 9. 10. 11. 12. 13. Sri. Adadadi Kumar S/o tatarao Agad 46 R/o Madya peta, Yetimoga Kakinada District, Andhra Pradesh. Sri. Palepu Vijayalakshmi, C/o Venkata Krishnavaram, Occ; Daily Wage Worker Aged 42 years, R/o JK Pur, Kakinada, Kakinada District, Andhra Pradesh. Smt. Koppadi Lakshmi, , W/o Ramu, Occ: Daiiy Wage Worker Aged 59 years, R/o Yetimoga, Kakinada Andhra Pradesh. Sri Penupothu Sambasiva, Ito DharLrao, Occ: Daily Wage Worker Aged 40 years, R'o Yetimoga, Kakinada Andhra Pradesh. 14. Occ; Daily wage worker Kakinada Urban 15. 16. 17. Smt. Pemmadi Bhavani, W/o Chiranjeevi- Aged 38 years Andhra Pradesh. 18. , F^o JK Pur, Kakinada Sri Pemmadi Chittibabu, I/O Adhinarayana, Occ: Daily Wage Worker Aged 48 years, R/o Near Water Tank, Gogudanayyapet, Kakinada District, Kakinada Andhra Pradesh. Sri Nulukurthi Suryachandra Prakasa Andhra Pradesh. 19. rao 20. Sri Kovvuri Udayabhaskararao, S/o Sathibabu, Occ: Daily Wage Worker Aged 45 years, R/o Turangi, Kakinada Andhra Pradesh. 21. I/O vfemaM Occ: Daily Wage Weaker R/o JK Pur, Kakinada 22. Aged 42 years Andhra Pradesh. 4 23. Smt. Chekka Venkata Lakshmi, W/o Dharmarao, Aged 46 years, JK Pur, Gampalavari Street Kakinada, Andhra Pradesh. ...Petitioners And 1. The State of Andhra Pradesh Rep by its Principal Secretary, Municipal Administration & Urban Develop Department Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh. Kakinada Municipal Corporation Rep by its Commissioner Meher Nagar, Kakinada, Kakinada District, Kakinada Municipal Corporation Rep by its Town Surveyor Meher Nagar, Kakinada, Kakinada District, TheTahsildar Kakinada Urban, Collector Office Road, Kakinada. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents Respondent Nos. 2 to 3 i may more particularly the in not considering the representation of the Petitioner dated 26-04-2025 seeking to conduct survey of the Petitioners property and to identify the boundaries, violative of Articles 14 and 300-A of the as being arbitrary, illegal and Constitution of India and against the justice and consequently direct the against to the principles of natural i Respondents 2 and 3 to levy tax other writ on the Petitioners property and issue such or order or direction as deemed fit and proper in the circumstances of case. lA NO: 1 OF 2025 Petition under $ection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 to 3 to conduct survey and fix the boundaries of the Petitioners property in accordance with law duly considering the representation of the Petitioners dated 26-04-2025 made by the Petitioners as per law, pending Writ Petition, in the interest of justice. lA NO: 2 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 to direct the Respondent Nos.2 to 4 not to initiate any coercive steps in regard to cancellation of possession pattas of the Petitioners that are granted by the 4**^ Respondent dated 28-10-2023, pending Writ Petition, in the interest of justice. Counsel for the Petitioners: SRI MATHUKUMILLI SRI VIJAY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI M.KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER APHC010236372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY .THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12144/2025 Between: 1. MACHA SATYANANDHAM, S/0 SATHIRAMU AGED 43 YEARS OCC. DAILY WAGE WORKER, VEERABRAHMAM GUDI STREET. YETIMOGA, KAKINADA EAST GODAVARI DISTRICT PRADESH. ANDHRA 2. SRI. KATADI VENKATASWARARAO, S/0 ADHINARAYANA AGED 63 YEARS, OCC. DAILY WAGE WORKER R/O YETIMOGA JAGANNAIKPUR, KAKINADA URBAN EAST GODAVARI DISTRICT ANDHRA PRADESH. 3. SRI. DHANDRUPROLU DURGA PRASAD . S/0 ADINARAYANA AGED 39 YEARS. OCC. DAILY WAGE WORKER R/O YETIMOGA KAKINADA DISTRICT ANDHRA PRADESH. 4. SRI. DHANDRUPROLU ADINARAYANA, S/0 VEERRAJU OCC DAILY WAGE WORKER AGED 67 YEARS. R/O NANDI GUDI YETIMOGA, KAKINADA DISTRICT, ANDHRA PRADESH 5. SRI. SEERAM SRINIVAS, S/0 SATYANARAYANA WAGE WORKER AGED 50 YEARS, R/O PALEPU MUSALAYYA STREET. PRADESH JAGANNAICKPUR, KAKINADA DISTRICT, ANDHRA 6. SRI. PEMMADI RAMPRASAD, S/0 APPARAO AGED OCC. DAILY WAGE WORKER R/O BOAT YARD. KAKINADA DISTRICT, ANDHRA PRADESH 7. SMT. KOLATI NOOKARATNAM, W/0 LAKSHMANARAO YEARS, ANDHRA PRADESH 45 YEARS, YETIMOGA, AGED 41 KAKINADA DISTRICT, YETIMOGA, YERRA ROAD 2 0| PALUPOLU SURYANARAYANA RAO, S/0 APPALASWAMY DAILY WAGE WORKER AGED 40 YEARS, RAMALAYAM ygTIMOGA, KAKINADA DISTRICT, ANDHRA PRADESH eRl OLETI RAJU .qW 39 YEARS, piSTRICT, ANDHRA PRADESH. IWINADA^l'^KINADA DISTRICT, ANDHRA PRADESH. S/0 APPARAO, OCC. DAILY WAGE WORKER R/0 YETIMOGA, KAKINADA URBAN KAKINADA W/0 APPARAO AGED 59 YEARS, R/0 SlVlT- •y^TlMOGA koppunathi deva raj, S/0 DHEVULLU S/0 NARASIMHA AGED 28 YEARS, OCC. DAILY WAGE WORKER R/0 URBAN KAKINADA DISTRICT, ANDHRA 11. SR^ ygYIMOGA pradesh. KAKINADA . o^ylT PINAPOTHU SANDHYA, C/0 DURGARAO, AGED 34 YEARS, WAGE WORKER R/0 ANJANEYASWAMY TEMPLE, YE^MOGA, KAKINADA URBAN, KAKINADA DISTRICT, ANDHRA PRADESH. 1, oo| pALEPU ARJUNA RAO, S/O TATARAO, OCC, DAILY W/\Gb fA^RKER AGED 44 YEARS R/0 JAGANNAICKPUR, MAHALAKSHMI mem, kakinada urban, kakinada district, andhra PRADESH. 14 RRl ADADADI KUMAR, S/O TATARAO AGED 46 YEARS, OCC. DAILY WAGE WORKER R/0 MADYA PETA, YETIMOGA, KAKINADA URBAN KAKINADA DISTRICT, ANDHRA PRADESH. VIJAYALAKSHMI,, C/0 VENKATA KRISHNAVARAM, WORKER AGED 42 YEARS, R/0 JK PUR, 15.SRI. PALEPU OCC. DAILY WAGE KAKINADA, KAKINADA DISTRICT. ANDHRA PRADESH. 16.SMT. KOPPADI LAKSHMI,, W/0 RAMU, WORKER AGED 59 YEARS, R/0 YETIMOGA, KAKINADA ANDHRA , PRADESH, i 17.SRI. PENUPOTHU SAMBASIVA,, S/O DHARMARAO, OCC. DAILY I WAGE WORKER AGED 40 YEARS, R/0 YETIMOGA, KAKINADA I ANDHRA PRADESH. »8.SMT PEMMADI BHAVANI, w/0 CHIRANJEEVI. AGED 38 YEARS. K r/O JK PUR. KAKINADA ANDHRA PRADESH. 3 S/0 adhinarayana, occ daily WAGE WORKER AGED 48 YEARS, R/0 NEAR WATER TANK district, KAKINADA ANDHRA 20.SRI. NULUKURTHI SURYACHANDRA VENKATRAO, AGED 54 YEARS, OCC. C. JK PUR, KAKINADA ANDHRA PRADESH. PRAKASA RAO, S/0 DAILY WAGE WORKER, R/0 21.SRI. KOWURI UDAYABHASKARARAO DAILY WAGE WORKER AGED KAKINADA ANDHRA PRADESH. 22.SRI. KATADI VASU„ S/0 VEERRAJU. OCC. DAILY WAGE WORKER AGED 42 YEARS, R/0 JK PUR, KAKINADA ANDHRA PRADESH. YPARR^ LAKSHMI,, W/0 DHARMARAO, AGED 46 P^DESH ' street KAKINADA, ANDHRA S/0 SATHIBABU, OCC. 45 YEARS, R/0 TURANGI, ...PET1T!0NER(S) AND ANDHRA PRADESH, REP BY ITS PRINCIPAL NIUNICIPAL ADMINISTRATION AND URBAN rnNm^^r,?o SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. MUNICIPAL MEHER 2. KAKINADA COMMISSIONER DISTRICT, CORPORATION, NAGAR, REP BY ITS KAKINADA, KAKINADA 3. KAKINADA MUNICIPAL CORPORATION, SURVEYOR MEHER NAGAR, KAKINADA "^ iSkINADa"''^^'^' ^f^SAN, COLLECTOR OFFICE ROAD REP BY ITS TOWN KAKINADA DISTRICT, ...RESPONDENT(S): 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.12144 OF 2025 ORDER: The Writ Petition is filed by 23 Petitioners, questioning the action of the respondents more particularly the Respondent Nos.2 to 3 in not considering the representation of the Petitioner dated 26.04.2025 seeking to conduct survey of the Petitioners’ property and to identify the boundaries as being iiiega! and arbitrary. 2. Petitioners claim that they were given possession pattas of land admeasuring 52, 52.74, 52.79, 53.81, 54.13, 55.08, 55.49, 58.84, 62.64, 64.17 and 79.13 square yards forming part of Town Survey No.40, situated at Block No.6, Yetimoga area, Kakinada Urban (Kakinada District), submitted that though the possession certificates were issued to the Petitioners, the steps are now being taken to derecognise possession pattas and in that context, the Respondent authorities had removed boundary line marks of the Petitioners’ property. It was in that context, the Petitioners submitted a Representation on 26.04.2025 to the Respondent authorities to conduct survey and identify the boundaries of the Petitioners’ property. It is I 5 3. Learned counsel for the Petitioner also pointed out that this Court in W.P.No.5135 of 2025 had disposed of a similar Writ Petition by some other persons who were similarly placed as Petitioners. 4. Learned Counsel for the Respondents submits that dispute of the fact that the Petitioners are similarly situated as the Petitioners in W.P.No.5135 of 2025. as there is no The operative portion of the order dated 28.02.2025 passed by this Court in W.P.No.5135 of 2025 is as follows: Having regard to the facts and circumstances of the case and submissions made by the learned counsels instead of going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition by directing the 2 respondent - The Commissioner. Kakinada Municip ins! ipai C4110I 1, representation made by the petitioners dated 22.05.2025 and pass appropriate orders, if not yet passed, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.” ‘\ai\t isds to considsr 1 it lO 5. In that view, this Court is of the opinion that the Writ Petition can be disposed of on similar lines as passed in W.P.No.5135 of 2025. No order to costs. As a sequel, the miscellaneous petitions if any shall stand closed. as 1 Sd/- M. SRINIVA*? assistant regSI //TRUE COPY// SECTiO^OFFICER 1. The Principal Secretary, Municipal Administration and Urban Develop Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh. 2. The Commissioner, Kakinada Municipal Corporation, Meher Nagar, Kakinada, Kakinada District, 3. The Town Surveyor, Kakinada Municipal Corporation, Meher Nagar, Kakinada, Kakinada District, 4. The Tahsildar, Kakinada Urban, Collector Office Road, Kakinada. To, 5. One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC] 6. One CC to Sri M. Krishna Rao, SC for Municipal Corporations[O PUC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Revenue, High Court of Andhra Pradesh[OUT] 9. Three CD Copies. ssb high court date0:06/05/2025 ORDER WP.No.12144of 2025 nr.nt® a ifo a: disposing of the w.p. WITHOUT COSTS