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2025 DAILYLAW 46642 (AP)

GANGAVARAPU LAKSHMI NARASAMMA v. THE STATE OF AP

WP/11881/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADD WRIT PETITION NO: 11881 OF 2025 Between: Gangavarapu Lakshmi Narasamma, W/o. Lakshmaiah, aged about 70 years R/o. Adigopula Village, Durgi Mandal, Guntur District, now Palnadu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Collector and District Magistrate, Palnadu District. The Revenue Divisional Officer, Gurazala, palnadu District. The Mandal Surveyor, Durgi Mandal, Durgi, Palnadu District. 3. 4. ...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 orders or direction more particularly one in the nature of a writ of Mandamus declaring the action of the Respondents No. 4 and 5 in non conducting survey the petitioner's land in S.No. 973 of an extent of Ac 3.77 cents situate at Adigoppula Village, Durgi Mandal, Palnadu District and issuance of rejection endorsement dated 10-01-2025 and 22-03-2024 without passing any reasoned order as illegal, arbitrary, malafide and violation of principles of natural justice and consequentially direct the respondents No. 4 and 5 to survey the petitioner's land in S.No. 973 of an extent of Ac 3.77 cents situate at Adigoppula Village, Durgi Mandal, Palnadu 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 petition, the High Court may be pleased to direct the Respondents No. 4 and 5 to survey the petitioner’s land in S.No. 973 of an extent of Ac 3.77 cents situate at Adigoppula Village, Durgi Mandal, Palnadu District forthwith pending disposal of main writ petition. Counsel for the Petitioner: SRI VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010227672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11881/2025 Between: ...PETITIONER Gangavarapu Lakshmi Narasamma AND ...RESPONDENT The State Of Ap Counsel for the Petitioner: 1 .VENKATA DURGA RAO ANANTHA Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11881/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "to issue a writ, orderor directionmore particularlyone in the nature of mandamus declaring the action of respondent Nos. 4 and 5 in not conducting survey the petitioner’s land in SyNo.973 of an extent of Ac.3.77 cents situated at Adigoppula Village, Durgi Mandal, Palnadu District and Issuance of rejection endorsement dated 10.01.2025 and 22.03.2024 without passing any reasoned order as illegal, arbitrary, malafide and violation of principles of natural justice and consequently direct the respondent Nos. 4 and 5 to survey the petitioner’s land In S.No.973 of an extent of Ac.3.77 cents situated at Adigoppula Village, Durgi Mandal, Palnadu District and pass such other order or orders....’’ Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner’s husband is the absolute owner and possessor of the land admeasuring to extent of Ac.3.77 cents in Sy.No.973 situated at Adigoppula Village, Durgi Mandal, Palnadu District having acquired the same through his ancestors. Accordingly, the revenue authorities issued pattadar pass 3. an •V book in favour of the petitioner’s husband in respect of the subject property. Later, after demise of her husband, the petitioner herein has been in peaceful possession and enjoyment of the subject land. While so, the neighbouring land owners are trying to enter into the petitioner’s land and are trying to change the boundaries of the subject land. For which, the petitioner herein made an application dated 19.01.2024 to respondent Nos. 4 and 5 through mee-seva by paying requisite fee requesting to conduct survey and to demarcate the boundaries in respect of the subject land. But the respondents, without conducting survey simply issued rejection proceedings dated 22.03.2024 rejecting the request of the petitioner. Again the petitioner herein submitted another F- line application dated 10.12.2024 to respondent No.4 requesting to conduct survey and to record the boundaries of the subject land. Even after receipt of the said representation, the respondents again without considering the request of the petitioner issued rejection proceedings dated 10.01.2025 without passing any reasoned order. Aggrieved by the said action of the respondents, the petitioner herein filed the present writ petition. On the other hand, the learned Government Pleader for the 4. respondents submits that the respondents are ready to conduct survey in respect of the subject land of the petitioner by following due process of law. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, with the following directions; and i) The impugned rejection orders dated 10.01.2025 and 22.03.2024 are hereby set aside. Further, the respondents are hereby directed to conduct survey and to fix the boundaries in respect of the subject land by following due process of law in compliance to the provisions of Andhra Pradesh Survey and Boundaries Act, 1923, within a period of three (03) months from the date of receipt of a copy of this order. ii) 6. With the above directions, 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/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SE cfri^roFn^cER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Collector and District Magistrate, Palnadu District. 3. The Revenue Divisional Officer, Gurazala, palnadu District. 4. The Mandal Surveyor, Durgi Mandal, Durgi, Palnadu District. " 5. One CC to Sri Venkata Durga Rao Anantha Advocate [OPUC] S. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] TF 7. Three CD Copies J HIGH COURT DATED:06/05/2025 ORDER h 2 0 JUN 2025 i WP.No.11881 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS