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2025 DAILYLAW 48787 (AP)

AVULA RAVI KUMAR v. State of Andhra Pradesh

WP/26030/2021 · 2025-09-24

Harinath N

body2025

Judgment text

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APHC010413022021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26030/2021 Between: 1. AVULA RAVI KUMAR, S/O. RAJA RATNAM, AGED ABOUT 40 YEARS, OCC. BUSINESS, R/O.D.NO.25-2-2115, STREET NO.1, NETAJ I NAGAR, PADMAVATHI CENTER, NELLORE, PIN - 524 004. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, NELAPADU, AMARAVATHI. 2. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARIAT, NELAPADU, AMARAVATHI. 3. THE DISTRICT COLLECTOR, ACHARI ST, VRC CENTRE, NELLORE, ANDHRA PRADESH 524001. 4. THE MUNICIPAL COMMISSIONER, NELLORE RURAL , DURGAMETTA, NELLORE, ANDHRA PRADESH 524003. 5. SMT MUDDULURU SUNITHA, W/O. SANJEEVA RAJU, OCC. HOUSEWIFE, R/O. MAGUNTA LAYOUT, NEAR P.V.R. KALPANA KALYANA MANDAPAM, BEFORE MINI BYE PASS, -2- HN, J W.P.No.26030_2021 NELLORE. ANDHRA PRADESH ...RESPONDENT(S): 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 tomay be pleased to issue an order or direction more particularly, one in the nature of writ of Mandamus quashing the Survey Report submitted by the 4th Respondent vide Proceedings dated 22- 1-2021 as violative of the statutory provisions under Andhra Pradesh Record of Rights in Land Act, 1971 and The Survey and Boundaries Act of 1923 and Rules framed therein and also further hold the same as violative of the Fundamental Rights of the Petitioners guaranteed under Article 14, 16 and 21 R/w 300-A of the Constitution of India and be pleased to pass such IA NO: 1 OF 2021 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 maybe pleased to issue an order or direction one in the nature of stay of proceedings dated 22-1-2021 of 4th Respondent of alleged survey conducted by the Surveyor and be pleased to pass such Counsel for the Petitioner: 1. MANNAM VENKATA KRISHNA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SURESH KUMAR REDDY KALAVA -3- HN, J W.P.No.26030_2021 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.26030 OF 2021 ORDER: 1. The learned Standing counsel appearing for the respondent corporation submits that the petitioner challenged the survey report dated 22.01.2021 on the ground that, before conducting the survey, the petitioner was not issued any notice; as such, the same is challenged. 2. The learned Standing counsel appearing for the 4th respondent, on written instruction, submits that the respondent corporation is willing to conduct a fresh survey on receipt of a fresh application from the petitioner. Liberty is granted to petitioner to submit a fresh application along with relevant documents and payment of the applicable fee for conducting the survey. 3. On receipt of such fresh application from the petitioner, the 4th respondent shall consider it and conduct a survey in accordance with the law by issuing notices to all concerned. 4. Accordingly, the writ petition is disposed off. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.25.09.2025 NKA -4- HN, J W.P.No.26030_2021 626 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26030 of 2021 Date: 25.09.2025 NKA