CHILUKURI @ ALLADA KANAKA RATHNAM v. THE STATE OF ANDHRA PRADESH
WP/12165/2025 · 2025-05-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48885 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48885 (AP) · dailylaw.ai ]
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 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^ WRIT PETITION NO: 12165 OF 2025 Between: Chilukuri @ Allada Kanaka Rathnam, W/o. Chilukuri Srinivasarao, Aged 55 years, Occ: Properties, R/o. H.No.1-147, OcpetaVenkataKrishnapuram, VTC. P.0, DwarakaTirumala, West Godavari District. 534426. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Gunturu District. 2. The District Collector, Eluru District. 3. The Revenue Divisional Officer, Eluru Division, Eluru District. 4. The Tahsildar, Dawaraka Tirumala Mandal, Eluru District. 5. The Mandal Surveyor, Dawaraka Tirumala Mandal, Eluru 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, declaring the inaction of the Respondents in conducting Re-survey the agricultural land in Sy.No.108/4L to an extent of Ac. 10-50 cents out of total Gundugolanukunta of DwarakaTirumala Mandal extent land 28-09 cents situated at Eluru District, inspite of the resurvey application on 10-03-2025, as illegal, arbitrary and against the provisions of Survey and Boundaries Act, 1923 and against all principles of law and consequently direct the Respondents to conduct the RE-survey settled revenue officials per the PGRS Collectorate Monday as
^ Programme , , , Sy.NQ:l08/4L to made by the Petitioner on 10.03.2025 in respect of land in an extent of Ac. 10-50 cents out of total extent land cents, situated at Gundugolanukunta of DwarakaTirumalaMandal Di^strict, mspite of the Resurvey Application ON 10-03-2025. 28-09 , Eluru lA NO: 1 OF 2()9f; Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents revenue officials to conduct the Re-survey as per the PGRS Collectorate Monday Programme made by the Petitioner on 10.03.2025 in respect of land in Sy.No.108/4L to an extent of Ac. 10-50 cents out of total Gundugolanukunta of DwarakaTirumalaMandal Resurvey Application on 10-03-2025 petition. extent land 28-09 cents situated Eluru District, inspite of the pending disposal of the main writ Counsel for the Petitioner: M/s. KALLA TULASI Counsel for the Respondent Nos.
1 to 5: GP FOR REVENUE The Court made the following: ORDER DURGAMBA
HIGH COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU NIMMAGADDA V^piT PFTITION NO- 12165/2025 APHC010202302025 IN THE [33291 0^0 0^^ THE HONOURABLE SRI Between; Chilukuri @ Allada Kanaka Rathnam ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner;
1. KALLA TULASI DURGAMBA Counsel for the Respondent(S);
1.GP FOR REVENUE The Court made the following ORDE^ This writ petition is . India seeking the following reliefs;- ...RESPONDENT(S) is filed under Article 226 of the Constitution
1. of the Direction, more particularly Mandamus, declaring the 'Enaction of the Respondents in conducting acricZZ land in Sy.No.108/4L to an extent of Ac. 10-50 cents out of total extent land 28-09 cents situated a Gundugolanukunta of DwarakaTirumalaMandal, District, inspite of the resurvey application on as illeaal arbitrary and against the provisions of Survey and Boundaries Act, 1923 and against all settled principles
""" “oTnseguently direct the Respondents rev^enue^ Eluru 10-03-2025, nffiri^ls to conduct the RE-survey as per Coiiectorate Monday Programme made by the Petitioner on
2 of Ac. fO-sd'^cenlToufoTfl'^i Gundugolanukumd^ZTI"? Eluru District, inspite of the ZZ ^'^^^"'^'oataMandai °^-2025andpass^uodomerdTdZ^ 10- 1 ' 9n extent
2. Heard the learned Government Pleader for counsel for the Revenue > petitioners and the learned respondents. appearing for the
3. The learned absolute owner and cents in Sy. |\Jo. 108/4L, si Eluru District, having a registered sale deed i in continuous counsel for the petitioner submits that the petitioner iIS the to an extent of Ac. 10.50 Dwaraka Tirumala, property from his vendors through - then, the petitioner has possessor of land admeasuring ^ situated at acquired the subject Gundukolanukunta, 'n the yean 955. Since been property.
The petitioner’s revenue records, and he has been issued possession and enjoyment of mutated in the the said name has also been Pattadar Passbooks things stood thus, revenue authorities boundaries of the a discrepancy between specifically concerning the and Title Deeds i - 'n respect of the subject land issuing any prior notice ■ While without i to the petitioner, re-sketch the that there is the are trying to conduct survey and to petitioner came to know map and the owned by the petitioner records and Adangal. Accordingly an application dated 10.03.2025 to the 3rd subject property. The the earlier sketch current map. extent of land extent indicated in the latest online IB and the , the petitioner submitted respondent. '■0-. the Tahsildar, despite receipt of the respondent authorities requesting a said application/r neither re survey of the subject property. However, ^presentation dated 10.03.2025 , the considered nor conducted a re-survey of the
m other proceedings. Hence, the present writ subject land nor issued any petition. for the Pleader for Revenue appearing authorities will consider the The learned Government
4. submits that the respondent dated 10 orders, within a reasonable time. respondents application/representation and pass appropriate .03.2025 submitted by the petitioner
5. Having regard to the subnrissions nnade by the learned oounsel for the for Revenue appearing for record, this Court is learned Government Pleader petitioner and the the respondents and on perusal of the material placed on be disposed of by consider the F-line application dated of the considered opinion that the present Writ Petition can directing the respondents authorities to accordance with the Andhra 1923, after providing an opportunity of within a period of appropriate order in 10.03.2025 and pass an Pradesh Survey and Boundaries Act hearing to the petitioner and other stake holders if any of receipt of copy of this Order, above direction, the writ petition is disposed of. There three (03) months from the date With the shall be no order as to costs.
As a sequel miscellaneous stand closed. 6. shall also application, pending, if any //true copy// / SE , State of Andhra To, Revenue Department Velagapudi, Amaravati, Guntur District. 1 The Principal Secretary Pradesh, A.P. Secretariat
2. The District Collector, Eluru District. District. Divisional Officer, Eluru Dwrsion, Eluru Dist o Tho Rpx/enue
4. The Tahsildar, Dawaraka Timmala Mandal, Eluru District. 5. The Mandal Surveyor, Dawaraka Tirumala Mandal, Eluru District
6. One CC to M/s. Kalla Tulasi Durgamba, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. ssb
HIGH COURT DATED:06/05/2025 ORDER WP.No.12165 of 2025 disposing of the w.p. without costs