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2025 DAILYLAW 52845 (AP)

KOTA VIJAY PAWAN KUMAR v. THE STATE OF ANDHRA PRADESH

WP/11113/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11113 OF 2025 Between: 1. Kota Vijay Pawan Kumar, S/o. Venkata Ramakrishna, Aged about 38 years. Beside Canara Bank, Telladevarapalli Village Vissannapet Mandalam-533 101, NTR District (earnest Krishna District). 2. Karumuri Suresh Kumar, S/o. V.S.R. Sastrulu, Age 67 years. Water Tank Road, Machavaram, Vijayawada-520004, NTR Dist. 3. Panchadi Mohan Rao, S/o. Koteswara Rao, Aged about 64 years. My Home Complex, Machavaram Vijayawada-520004, NTR Dist. 4. .Goli Jagadeesh, S/o. Sambhu Prasad Aged about 44 Satyanarayanapuram Vijayawada-520011, NTR Dist. 5. Talluri Krishna Chaitanya, S/o. Subhas Chendra Bose, Aged about 37 years, ITI Nagar, Ramavarappadu Vijayawada, NTR Dist. years. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Vijayawada NTR District, (earnest Krishna Dist.) 3. The Revenue Divisional Officer Tiruvuru NTR District, (earnest Krishna Dist.) 4. The Tahasildar(MRO), Vissannapet Revenue Mandal Office Vissannapeta, NTRDistrict. (earnest Krishna Dist) ...RESPONDENTS t^ir 4 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 an appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the inaction of Respondent Nos. 2 to 4 herein in demarcating and to fix boundaries to the subject property in an extent of Ac 0.70 cents situated in R.S.No. 183/2 of Thelladevarapalli Village, Visannapeta Mandalam, NTR District (earnest Krishna District) by considering the Petitioners representation dated 20-02-2025 and F-line Application No FSNV012500701840 dated 11-04-2025 as illegal, arbitrary, unconstitutional and contrary to the provisions of The A.P. Survey Boundaries Act, 1923 besides being violative of Articles 14 and 21 of Constitution of India, 1950 and consequently direct the Respondent Nos. 2 to 4 here into demarcatethe subject property in an extent of Ac.0.70 cents situated in R.S.No. 183/2of Thelladevarapalli Village, Visannapeta Mandalam, NTR District (earnest Krishna District) and fix boundaries forthwith. lA 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 to direct the Respondent Nos. 2 to 4 herein to consider the Petitioners 'F-line' Application No.FSNV012500701840 dated 11-04-2025 forthwith. Counsel for the Petitioners: SRI GANDHAM SR PRASAD Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER 4 APHC010215822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] r THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11113/2025 Between: ...PETITIONER(S) Kota Vijay Pawan Kumar and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.GANDHAM SR PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 4. THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11113/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the inaction of respondent Nos. 2 to 4 herein in demarcating and to fix boundaries to the subject property in an extent of Ac.0.70 cents situated in R.S.No.183/2 of Thelladevarapalli Village, Visannapeta Mandal, NTR District by considering the petitioners’ representation dated 20.02.2025 and F-line Application No.FSNVOI2500701840 dated 11.04.2025 as illegal, arbitrary, unconstitutional and contrary to the provisions of the A.P. Survey & Boundaries Act, 1923 besides being violative of Article 14 and 21 of Constitution of India, 1950 and consequently direct the Respondent Nos. 2 to 4 here into demarcate the subject property in an extent of Ac.0.70 cents situated in R.S.No. 183/2 of Thelladevarapalli Village, Visannapeta Mandal, NTR District and fix boundaries forthwith and pass such other order. ” 2. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, to issue a direction to the respondents to dispose of the f-line application dated 11.04.2025 filed by the petitioners. 3. Learned Assistant Government Pleader for Revenue agreed to dispose of the f-line application dated 11.04.2025, if any pending with the respondents. 4. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the 3 truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the The Government of India v. judgment of the Apex Court in 1 wherein the Apex Court held that such orders may P.Venkatesh make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose off-line application dated 11.04.2025, this Court find no other alternative except to issue such direction. 5. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the f-line application dated 11.04.2025 filed by the petitioners, within a period of three(3) months from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ^2019(8) SCALE 544 Sd/- M SRINIVAS assistant reg^st^ar //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. € The District Collector, Vijayawada NTR District, (earnest Krishna District.) The Revenue Divisional Officer, Tiruvuru NTR District, (earnest Krishna District.) The Tahasildar (MRO), Vissannapet Revenue Mandal Office Vissannapeta, NTRDistrict. (earnestKrishnaDist) One CC to Sri Gandham S.R.Prasad, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. gi HIGH COURT DATED:01/05/2025 ORDER WP.No.11113 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS