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2025 DAILYLAW 53280 (AP)

Derangula Gangulappa v. The State of Andhra Pradesh,

WP/34088/2025 · 2025-12-08

D Ramesh

body2025

Judgment text

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APHC010656452025 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: 34088/2025 Between: 1. DERANGULA GANGULAPPA, S/O AKKULAPPA, AGED ABOUT 65 YEARS, OCC- AGRICULTURE, RESIDENT OF KONDUVARIPALLI VILLAGE, PTM MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, PEDDATHIPPASAMUDRAM MANDAL, ANNAMAYYA 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 to issue a Writ, Order of Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not conducting proper survey and fixing the boundary stones to the rastha to reach the property admeasuring an extent of Ac.4.12 cents in Sy.No.891/2A belonging to the petitioner through the survey numbers 113, 119, 122, 893/1 2 and 894/1, situated in Maddayyagaripalli village, Peddathippasamudram mandal, Annamayya District is illegal, arbitrary and unconstitutional and also violation of principles of natural justice and consequently direct the 4th respondent to conduct survey and fix the boundaries to the above mentioned Rastha and furnish the survey report to the petitioner and pass 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 to direct the 4* respondent to conduct survey and fix the boundaries to reach the property admeasuring an extent of Ac.4.12 cents in Sy.No.891/2A belonging to the petitioner through the survey numbers 113, 119, 122, 893/1 and 894/1, situated in Maddayyagaripalli village, Peddathippasamudram Mandal, Annamayya District and furnish the survey report to the petitioner, pending disposal of the above writ petition before the Honble Court and pass Counsel for the Petitioner: 1. VUTUPALLI RAJANNA 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 a Writ, Order of Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not conducting proper survey and fixing the boundary stones to the rastha to reach the property admeasuring an extent of Ac.4.12 cents in Sy.No.891/2A belonging to the petitioner through the survey numbers 113, 119, 122, 893/1 and 894/1, situated in Maddayyagaripalli village, Peddathippasamudram Mandal, Annamayya District, is illegal, arbitrary and unconstitutional and also violation of principles of natural justice and consequently direct the 4th respondent to conduct survey and fix the boundaries to the above mentioned Rastha and furnish the survey report to the petitioner and pass…” (in verbatim) 2. The writ petition is filed assailing the endorsement dated 11.08.2025. 3. Learned counsel for the petitioner would submit that, based on the F- line application made by the petitioner, the respondents issued notice and visited the property to conduct a survey and fix the boundaries. However, without making any effort, the respondents expressed their unwillingness to conduct the survey on the ground that the rastha is covered with bushes and big trees in the subject land. Learned counsel would further submit that the 4 petitioner is willing to remove the bushes if the respondents are prepared to conduct the survey. 4. Considering the above submissions, the writ petition is disposed of by setting aside the impugned endorsement dated 11.08.2025, granting liberty to the petitioner to cooperate with the survey by removing the bushes existing in the subject land. The respondents shall complete the survey exercise within a period of two (2) weeks from the date of receipt of a copy of this order. 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 5 203 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34088 OF 2025 Dt.09.12.2025 SNI