T J y» ' 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: 10633 OF 2025 Between: 1. Visakhapatnam City Teachers Cooperative, House Building Society Teachers Colony, Sujathanagar, Chinamushidivada, Visakhapatnam, rep. by its President V.S.Sarma. 2. Kolli Suresh Kumar, S/o late Ramu, aged about 36 years, R/o D.No.7- 36, Kothavalasa Village and Mandal, Vizianagaram District. 3. Bolem Swathi, . D/o Paidi Naidu, aged about 29 years, R/o Flat No. 101, Balaji Nivas Nilayam, Sujathanagar, Purushothapuram Post, Visakhapatnam. Ltd., 5-168/1 4. Neparthi Samudra Naidu, S/o Ammatalli Naidu, aged about 36 years, R/o D.No.11-97/1, B.C.Colony, Pendurthi Village and Mandal, Visakhapatnam District. 5. Saripalli Himabindu, W/o Vishnu Kumar, aged about 35 years, R/o D.No.36-92-438/1/2, Indiranagar-I, Kancharapalem, Visakhapatnam. 6. Gedela Eswara Rao, S/o late Satyam, aged about 46 years, R/o D.No.4-206/1, Giri Prasad Nagar-1, Sujathanagar, Visakhapatnam. 7. Gedela Appala Naidu, S/o late Satyam, aged about 39 years, R/o Gedelavaripalem Village, Ganivada Mandal, Vizianagaram District. 8. Simma Mallamma, W/o late Jagannadham, aged about 60 years R/o Savaraddapanasa, Anguru, Srikakutam District. ...PETITIONERS AND 1. State of Andhra Pradesh,, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Viskhapatnam District at Visakhapatnam. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 4. The Tahasildar, Pendurthi Mandal, Pendurthi, Visakhapatnam District. 5. Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. 6. The Zonal Manager, Greater Visakhapatnam Municipal Corporation Zone-VIII, Pendurthi, Visakhapatnam ...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 appropriate writ, order or direction more particularly, one in the nature of writ of mandamus a) declaring the action of the respondents 3 to 6 in not conducting the survey basing on the F-line application Transaction ID.NO.TAFSNV012400505803 dated 8.8.2024 in respect of the land an extent of Ac. 1.50 cents in Sy. No. 184/1 situated in Chinamushidivada, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam as illegal and contrary to the provisions of the A.P.Survey and Boundaries Act, (b) declaring the action of the officials of the respondents 3 to 6 in interfering with the possession and enjoyment of the petitioners land an extent of Ac. 1.50 cents in Sy. No. 184/1 situated in Chinamushidivada, Greater Visakhapatnam Municipal Corporation limits. Visakhapatnam without following due process of law, without determining the boundaries and keeping the F-line application pending as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently (c) direct the respondents 3 to 6 to complete the survey by taking into consideration the final decree dated 31.7.1987 in I.A.No.286 of 1986 and O.S.No.366 of 1983 passed by the Court of the I Additional Subordinate Judge at Visakhapatnam and the registered link documents, within a time bound program, and (d) pass 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 respondents 4 to 6 not to interfere with the petitioners’ possession and enjoyment of the land an extent of Ac. 1.50 cents in Sy.No.184/1 situated in Chinamushidivada, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam till completion of the survey and fixing the boundaries basing on the F-line application Transaction ID.NO.TAFSNVOI2400505803 dated 8.8.2024, pending disposal of the writ petition. Counsel for the Petitioner(s): SRI. KOCHIRI RAJA SHEKAR Counsel for the Respondent Nos.i to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 6: SRI A S C BOSE The Court made the following: ORDER 1 APHC010192932025 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: 10633/2025 Between: Visakhapatnam City Teachers Cooperative and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KOCH1RI RAJA SHEKAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10633 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “may be pleased to issue appropriate writ, order or direction more particularly one in the nature of writ of mandamus a) declaring the action of the respondents 3 to 6 in not conducting the survey basing on the F-line application Transaction ID NO.TAFSNV012400505803, dated 8.8.2024 in respect of the land to an extent of Ac. 1.50 cents in Sy.No. 184/1 situated in Chinamushidivada, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam as illegal and contrary to the provisions of the A.P. Survey and Boundaries Act b) declaring the action of the officials of the respondents 3 to 6 in interfering with the possession and enjoyment of the petitioners land to an extent of Ac. 1.50 cents in Sy.No. 184/1 situated in Chinamushidivada Greater Visakhapatnam Municipal Corporation Visakhapatnam without following due process of law without determining the boundaries and keeping the F-llne application pending as Illegal, arbitrary violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution limits of India and consequently c) direct the respondents 3 to 6 to complete the survey by taking into consideration the final decree dated 31.7.1987 In I.A.No.288 of 1986 and O.S.No.366 of 1983 passed by the Court of the t Additional Subordinate Judge at Visakhapatnam and the registered link documents within a time bound program and d) pass such other....” f 3 Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. 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 F-line application 3. respondents to consider and dispose of the dated 08.08.2024 submitted by the petitioners. Learned Government Pleader for Revenue readily agreed to dispose of the F-line application dated 08.08.2024 submitted by the petitioners pending with the authorities, within a reasonable time. 4. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations 5. made in the petition. This Court is conscious that no such direction be issued. The Government of India v. in view of the judgment of the Apex Court in P.Venkatesh^”, wherein the Apex Court held that such orders may make for a ft 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 F-line application dated 08.08.2024, this Court find no other alternative except to issue such direction. 2004 (1) see 769 in the result, the writ petit,oh is disposed of, directing the respondents to dated 08.08.2024. atter 6. with the F-line application consider and proceed the objections if any from the neighbouring land holders/pattada rs notices under the provisions of A.P Survey and Boundaries Act. alt the parties concerned, within a period of three (03) months from of this order. Till disposal of the F-line application, today shall be maintained by all order as to costs. , Miscellaneous Petitions, if any, pending in the writ Sd/- K. TATA RAO DEPUTY REGISTRAR receiving and issue 1923 to the date of receipt of a copy dated 08,08.2024, status-quo obtaining as on the parties concerned. There shall be no Consequently petition shall stand closed //TRUE COPY// SECTION OFFICER To, Department, Secretariat Buildings, 1 The Principal Secretary, Revenue Velagapudi, Amaravati, Guntur District. Viskhapatnam District at Visakhapatnam. 2. The District Collector, 3 jhe Revenue Divisional Officer District. Visakhapatnam, Visakhapatnam Pendurthi. Visakhapatnam District. , Greater Visakhapatnam Municipal Corporation, Tahasiidar, Pendurthi Mandal 4. The 5. The Commissioner Visakhapatnam. 6 The zonal Manager, Greater Visakhapatnam Municipal Corporation Zone-Vlll, Pendurthi, Visakhapatnam 7 One CC to Sri. Kochiri Raja Shekar, Advocate [OPUC] 8. TWO CCS to GP For Revenue .High Court Of Andhra Pradesh. [OUT] Sri A S C Bose, Advocate [OPUC]. 9. OneCCto Three CD Copies 10. AL HIGH COURT DATED:24/04/2025 ORDER ^OFANOfi^ % WP.No.10633 of 2025 g> 0 9 MAY 2025 ^ . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS