Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 50487 (AP)

V NAGESH v. THE STATE OF AP

WP/35558/2025 · 2025-12-19

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010686192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35558/2025 Between: 1. V NAGESH, S/O. V. KRISHNA SASTRY, AGED 70 YEARS, D.NO. 4-77, HINDUPUR ROAD, MADAKASIRA TOWN, SATHYA SAI DISTRICT. 2. S.S. NAGARAJU,, S/O. SRI RAMA SURANARAYANAIAH, AGED 72 YEARS, D.NO. 4-76, HINDUPUR ROAD, MADAKASIRA TOWN, SATHYA SAI DISTRICT. 3. S. NAGENDRA PRASAD,, S/O. SRI RAMA SURANARAYANAIAH, AGED 72 YEARS, D.NO. 4-76, HINDUPUR ROAD, MADAKASIRA TOWN, SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANANTAPUR DISTRICT. 515002 3. THE TAHSILDAR, MADAKASIRA MANDAL, ANANTAPUR DISTRICT.515-002 ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction and failure of the Respondent No.3 - Tahsildar, Madakasira Mandal in not conducting survey pursuant to payment of survey fee vide Challan No. 0020050463 dated 01-02-2013 and subsequent representation dated 01-04- 2025, as arbitrary, illegal, and violative of Articles 14 and 21 of the y Constitution of India and consequently direct the Respondent No.3 to forthwith conduct survey, demarcate boundaries and take necessary steps to prevent encroachments, and pass…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents 3. The learned counsel for the petitioner submits that Respondent No.3/the Tahsildar, Madakasira Mandal, has failed to conduct a survey pursuant to the payment of survey fee vide Challan No.0020050463 dated 01.02.2013 and the subsequent representation dated 01.04.2025, which action is arbitrary and illegal. Hence, the present writ petition. 4. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that if the petitioner submits a fresh application/representation, the respondent authorities will consider the same and pass appropriate orders in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered opinion that the present writ petition can be disposed of by directing the petitioner to submit a fresh application by paying the requisite fee, seeking conduct of survey in respect of the subject property within a period of two (02) weeks from the date of receipt of a copy of this order. Upon receipt of such application/representation, the respondent authorities shall consider the same and pass appropriate orders, in accordance with law, after issuing notice to all concerned parties, within a period of two (02) months thereafter. 6. With the above direction the writ petition is disposed of. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 20.12.2025 klk 94 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.35558 of 2025 20.12.2025 kkllkk