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2025 DAILYLAW 51905 (AP)

A DHARANI VIJAYA v. The State of Andhra Pradesh,

WP/34276/2025 · 2025-12-08

D Ramesh

body2025

Judgment text

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APHC010661332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34276/2025 Between: 1. A DHARANI VIJAYA, W/O A. VENKATA SUBBAIAH, AGED ABOUT 57 YEARS, R/O PLOT NO.55, UPPARAPALLI VILLAGE, THUMMALAGUNTA TIRUPATI RURAL MANDAL, TIRUPATHI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ANNAMAIAH DISTRICT (ERSTWHILE YSR KADAPA DISTRICT) 3. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, ANNAMAIAH DISTRICT 4. THE TAHSILDAR, OBULAVARIPALLI MANDAL ANNAMAIAH DISTRICT 5. THE MANDAL SURVEYOR, OBULAVARIPALLI MANDAL, ANNAMAIAH DISTRICT ...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 be pleased to issue an appropriate Writ, Order, or Direction, 2 preferably one in the nature of a Writ of Mandamus, declaring the inaction of Respondents in taking steps to create new sub-division with respect to land in S.No.960/1A admeasuring an extent of Ac.0.26 cents and S.NO.960/2A admeasuring an extent of Ac.5.38 cents in Korlakunta Village, Obulavaripalli Mandal, Annamaiah District as arbitrary, illegal, unwarranted, unsustainable, contrary to A.P Survey and Boundaries Act, 1923 and Board Standing Order No 34-A and violative of Articles 14, I9( I)(9). 21, and 300-A of the Constitution of India and consequently direct the Respondents to create new sub-division with respect to subject land and thereby incorporate the changes in Village Map, Field Measurement Book and A-Register and pass such IA 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 Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue an appropriate Writ, Order or Direction, preferably one in the nature of a Writ of Mandamus, declaring the inaction of Respondents in taking steps to create new sub-division with respect to land in S.No.960/1A admeasuring an extent of Ac.0.26 cents and S.No.960/2A admeasuring an extent of Ac.5.38 cents in Korlakunta Village, Obulavaripalli Mandal, Annamaiah District as arbitrary, illegal, unwarranted, unsustainable, contrary to A.P Survey and Boundaries Act, 1923 and Board Standing Order No:34-A and violative of Articles 14, I9 (I)(g), 21 and 300-A of the Constitution of India and consequently direct the Respondents to create new subdivision with respect to subject land and thereby incorporate the changes in Village Map, Field Measurement Book and A-Register and pass…” (in verbatim) 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The present writ petition is filed to declare the inaction of the respondents in taking steps to create a new sub-division with regard to the land in S.No.960/2A, admeasuring an extent of Ac.5.38 cents, situated at Korlakunta Village, Obulavaripalli Mandal, Annamayya District, as illegal and arbitrary. 4 4. Learned counsel for the petitioner submits that, in accordance with the provisions of Board Standing Order No.34-A, the petitioner made an application on 25.08.2025 seeking sub-division of her land. Despite receipt of the said application, the respondents have not acted upon it and have failed to effect the sub-division. 5. In reply to the said contentions, learned Government Pleader for Revenue, basing on the written instructions furnished by the Tahsildar, Obulavaripalli Mandal, Annamayya District, submits that notice dated 29.08.2025 was issued fixing the date of hearing on 04.09.2025, and a second notice dated 11.09.2025 was issued fixing the date of hearing on 19.09.2025. Only Smt. M. Indra, W/o late Subramanyam, and Sri M. Praveen Krishna Subramanyam submitted their replies through speed post requesting the authorities not to accede to the request of the petitioner to conduct any survey activities. When the pattadars neither appeared nor made any request, and after considering the objections received, the authorities passed an order by way of an endorsement dated 17.10.2025. 6. Learned counsel for the petitioner, in reply, submits that no such order was served on the petitioner and also denies the issuance of any notice. 7. The writ petition is filed seeking to declare the inaction of the respondents in considering the representation made by the petitioner on 25.08.2025. However, the written instructions furnished by the Tahsildar, 5 Obulavaripalli Mandal, clearly indicate that the authorities have considered the said representation and passed an endorsement dated 17.10.2025. 8. In that view of the matter, this Court is not inclined to interfere in the present writ petition. Accordingly, the writ petition is disposed of, directing the respondents to supply a copy of the endorsement dated 17.10.2025 to the petitioner. Liberty is granted to the petitioner to approach the competent Civil Court, if she has any grievance with regard to the said endorsement, by way of appropriate proceedings. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 6 223 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34276 OF 2025 Dt.09.12.2025 SNI