Korikani Simhachalam, v. The State of Andhra Pradesh,
WP/9916/2025 · 2025-04-23
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53482 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53482 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9916 OF 2025 Between:
1. Korikani Simhachalam, S/o. Gowraiah, Aged about 98 years, Resident of Apparapeta Village, Pathapadu Gram Panchayat, Vijayawada Rural Mandal NTR District. 2. Korikani Ramachandra Rao, S/o. Korikani Simhachalam, Aged about 57 years. Resident of Apparapeta Village, Pathapadu Gram Panchayat, Vijayawada Rural Mandal, NTR District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, NTR District, Andhra Pradesh. 3. The Sub-Collector and Appellate Authority, under Record of Rights Act, 1971, Vijayawada NTR District, Andhra Pradesh. 4. The Tahsildar, Vijayawada Rural Mandal, NTR District, Andhra Pradesh. 5. The Village Surveyor, Vijayawada Rural Mandal, NTR District, Andhra Pradesh. 6. The Station House Officer, II Town Police Station, Vijayawada, NTR District, Andhra Pradesh. 7. Gattamaneni Ratna Kumari, W/o Lakshmi Praqsad, Aged major, R/o D.No. 29-5-M7, Cherukupalli Veedhi Governbrpet, Vijayawada, NTR District, Andhra Pradesh. 8. Sudha Venkata Rama Subba Rao @ Subbarao, S/o. Narashimham, D.No. 76-5-8/1, Bajibaba Mandhir, Bhavanipuram, Vijayawada, NTR District. Andhra Pradesh. 9. Nalam Hema Naga Venkata Vijayalakshmi, W/o. S.V. Alwar, R/o Near Jamma Masjid Street, Canal Road, Vijayawada, NTR District, Andhra Pradesh. ...RESPONDENTS 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 of Mandamus declaring the actions of Respondents No. 4 and 5 in attempting to conduct a survey of the Petitioners land, i.e., Ac. 1.04 cents in R.S. No. 23/5 Ac. 0.66 cents in R.S. 27/3A Ac. 0.55 cents in R.S. No. 27/3A (tenant possession) Ac. 1.15 cents in R.S. No. 27/2 (tenant possession) totaling Ac. 3.40 cents in P. Nainavaram Village, Vijayawada Rural Mandal, Krishna District, without prior notice and making attempts to dispossess the petitioners under the guise of survey as illegal, arbitrary, and unconstitutional and consequently direct the Respondents No. 4 and 5 not to conduct any survey or altering land records without following due process of law and to direct the respondents No. 2 and 6 to take appropriate action against Respondent No. 4,5,7 to 9 for attempting to grab the Petitioners land by misusing official machinery.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct Respondents No. 1 to 3 ensure that the Petitioners are not dispossessed from the Petitioners’ land, i.e., Ac. 1.04 cents in R.S. No. 23/5; Ac. 0.66 cents in R.S. No. 27/3A::Ac. 0.55 cents in R.S. No. 27/3A (tenant possession): Ac. 1.15 cents in R.S. No. 27/2 (tenant possession) totaling Ac. 3.40 cents in P. Nainavaram Village, Vijayawada Rural Mandal, Krishna District, except in accordance with law, pending the disposal of this writ petition. Counsel for the Petitioner : SRI N. RAVI PRASAD Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR HOME Counsel for the Respondent Nos.7 to 9 : NONE APPEARED The Court made the following: ORDER
APHC010172062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9916/2025 Between: Korikani Simhachalam, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. N RAVI PRASAD Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9916/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue a Writ of Mandamus declaring the actions of Respondents No. 4 & 5 in attempting to conduct a survey of the Petitioners’ land, i.e., Ac. 1.04 cents in R.S.No.23/5; Ac.0.66 cents in R.S.No.27/3A; Ac.0.55 cents in R.S.no.27/3A (tenant possession); Ac. 1.15 cents in R.S.No.27/2 (tenant possession) totaling Ac.3.40 cents in .PNainavaram Village, Vijayawada Rural Mandal, Krishna District, without prior notice and making attempts to dispossess the petitioners under the guise of survey as illegal, arbitrary, and unconstitutional and consequently direct the Respondents No. 4 & 5 not to conduct any survey or altering land records without following due process of law and to direct the respondents No.2 & 6 to take appropriate action against Respondent NO.4, 5, 7 to 9 for attempting to grab the Petitioners’ land by misusing official machinery and to pass such other order and further orders....’’
2. Heard
learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.
3. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents, more particularly, respondent No.3 herein to consider and dispose of the Appeal preferred by the petitioners herein.
V Learned Government Pleader appearing for the respondents would submit that the Appeal preferred by the petitioners would be considered by the respondent authorities, in accordance with law, within a reasonable time.
4. In view of the submission made by the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may 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 of the Appeal, this Court find no other alternative except to issue such direction.
5. Accordingly, the present Writ Petition is disposed of, with a direction to the respondent authorities, more particularly, the respondent No.3 herein to consider and dispose of the Appeal preferred by the petitioners, in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months from the date of receipt of a copy of this
order. Till disposal of the said Appeal, Status quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs.
6.
2019 (8) SCALE 544
#5. Petitions, if any. pending in the writ Consequently, Miscellaneous petition shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. The District Collector, NTR District, Andhra Pradesh. The Sub-Collector and Appellate Authority, under Record of Rights Act 1971, Vijayawada NTR District, Andhra Pradesh. The Tahsildar, Vijayawada Rural Mandal, NTR District, Andhra Pradesh. The Village Surveyor, Vijayawada Rural Mandal, NTR District, Andhra Pradesh. The Station House Officer, II Town Police Station, Vijayawada, NTR District, Andhra Pradesh. One CC to Sri N. Ravi Prasad, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
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w A HIGH COURT DATED:24/04/2025
ORDER WP.No.9916 of 2025 S 08 MAY 2025 Current Section .
DISPOSING OF THE W.P.
WITHOUT COSTS