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2025 DAILYLAW 52413 (AP)

VASUNDHARA VARMA MANTHENA v. THE STATE OF ANDHRA PRADESH

WP/28897/2025 · 2025-11-16

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

DR,J W.P.No.28897 of 2025 APHC010552832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28897 OF 2025 Between: 1. VASUNDHARA VARMA MANTHENA, D/o. (late) Cheruku Harinadh, W/o. Vijay Varma Manthena Aged about 55 years, 4, 1st Cross, Income Tax Colony, Sadananda Nagar, NGEF Layout, Indira Nagar, Bangalore North, Bangalore, Karnataka- 560038. 2. Shri Cheruku Janardhan, S/o. (late) Cheruku Harinadh, Aged about 53 years. Plot No. 40, 2nd Floor, RK Layout, Vijetha Super Market, PM Palem, Visakhapatnam- 530041. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, rep.by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District- 522237. 2. The District Collector, Main Rd, Krishnagar, Maharani Peta, Visakhapatnam, Andhra Pradesh 530002. 3. The Police Commissioner, Visakhapatnam, Andhra Pradesh- 530020. 4. The Tahsildar, Visakhapatnam Rural, Visakhapatnam District- 530002. ...Respondents DR,J W.P.No.28897 of 2025 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 pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of Respondent Nos. 2, 3, and 4 in removing the illegal construction of the compound wall on the petitioners' land situated in Survey Nos. 90 and 91/1 IP of Yendada Village, which was released from mortgage, as unjust, arbitrary, and violative of Article 300A of the Constitution of India, and consequently direct the concerned Respondents to Remove the said illegal compound wall, and Demarcate the petitioners land that was released from mortgage, and to 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 pleased to direct Respondent No. 4 to immediately conduct a survey and demarcate the petitioners land in Survey Nos. 90 and 91/1 IP, which was released from mortgage, and to pass Counsel for the Petitioners: LALAM SYAMANTHA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE DR,J W.P.No.28897 of 2025 The Court made the following ORDER: 1. The present writ petition is filed for non consideration of the representations made by the petitioners on 19.02.2023 and 26.02.2024 for removal of the unauthorized encroachments made by some third parties and for removal of the compound wall constructed by them. In fact, the petitioners are not able to provide any name or particulars of persons who encroached and constructed the compound wall in Survey No.90 and 91/11P of Yendada Village of Visakhapatnam District. 2. While arguing the matter, learned counsel for the petitioners has restricted her request for conducting survey of the land based on the records. 3. Considering the said submissions, without going into the merits of the case, the petitioners are permitted to make F-Line application to the competent authority for survey of the subject land within a period of two weeks from the date of receipt of copy of this order and on filing such application, the authorities may conduct survey by issuing notice to all the concerned and pass appropriate orders in accordance with law within a period of six weeks thereafter. 4. With these observations, the writ petition is disposed of. No costs. As a sequel, all pending applications, if any, shall stand closed. ________________ JUSTICE D RAMESH Date: 17.11.2025 Dvs DR,J W.P.No.28897 of 2025 104 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28897 OF 2025 Date: 17.11.2025 Dvs