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2025 DAILYLAW 55133 (AP)

U NAGABHUSHNAM NAIDU v. THE STATE OF ANDHRA PRADESH

WP/28249/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

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W.P.No.28249 of 2025, DR,J APHC010547882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28249/2025 Between: 1. U NAGABHUSHNAM NAIDU, S/O. U.DORASWAMY NAIDU, AGED ABOUT 53 YEARS, OCC BUSINESS, R/O. EDULAGUNTA VILLAGE, THOTTEMBEDU MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2. 2. THE TAHSILDAR, THOTTEMBEDU MANDAL, TIRUPATI DISTRICT. 3. 3. THE VILLAGE SURVEYOR, EDULAGUNTA VILLAGE, THOTTEMBEDU MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): W.P.No.28249 of 2025, DR,J The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondent No. 2 herein in issuing the impugned Endorsement dated 02-05-2025 without furnishing the survey report conducted by the 3rd respondent, as if the petitioner made an application for the Patta Sub- division though petitioner made application vide Application No. DER012501549063 for survey and de- markation of his land i.e. Plot No. 71 and 72 in LP. No. 275/82 in Sy. No. 33/2 of Edulagunta Village, Thottembedu Mandal, Tirupti District upon which even the survey was conducted by the 3rd respondent by giving due notice on 01-05-2025 as illegal, arbitrary, opposed to the established principles of law and consequently direct the 2nd respondent herein to either furnish the survey report already conducted by the 3rd respondent or conduct a fresh survey of the petitioner property mentioned above and pass…” 1. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondent Nos.1 to 3. 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of the subject property, i.e., Plot Nos. 71 and 72 in L.P. No. 275/82 in Sy. No. 33/2 of Edulagunta Village, Thottembedu Mandal, Tirupati District, having acquired the same from his vendor through a W.P.No.28249 of 2025, DR,J registered sale deed bearing Document No. 995/2007 dated 29.05.2007. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. While things stood thus, the petitioner submitted an application dated 03.04.2025 to the 2nd respondent through Mee-Seva, seeking survey and demarcation of his land. Pursuant to the said application, the 3rd respondent issued a notice dated 01.05.2025 stating that the survey and demarcation would be conducted on 01.05.2025 at 4:00 p.m. In accordance with the said notice, the 3rd respondent conducted the survey in the presence of the petitioner. 3. The learned counsel for the petitioner submits that after conducting the survey and demarcation by the 3rd respondent on 01.05.2025 pursuant to the petitioner’s application dated 03.04.2025, without furnishing the survey report to the petitioner, the 2nd respondent issued an endorsement dated 02.05.2025 as if the petitioner had made an application for Patta sub-division, though in fact, the petitioner had submitted an application vide Application No. DER012501549063 for survey and demarcation of his land, i.e., Plot Nos. 71 and 72 in L.P. No. 275/82 in Sy. No. 33/2 of Edulagunta Village, Thottembedu Mandal, Tirupati District. The said action of the 2nd respondent is illegal, arbitrary, and contrary to law. Hence the writ petition. 4. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that, as per the instructions W.P.No.28249 of 2025, DR,J received, a fresh survey and demarcation will be conducted in respect of the subject property of the petitioner pursuant to the application dated 03.04.2025, and appropriate orders will be passed in accordance with law. 5. Considering the submissions made by both the learned counsel and upon perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the respondent authorities to conduct a fresh survey and demarcation in respect of the subject property of the petitioner, pursuant to his application dated 03.04.2025, in accordance with the provisions of the A.P. Survey and Boundaries Act, 1923, and to pass appropriate orders within a period of four (04) weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. No orders as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 04.11.2025 klk W.P.No.28249 of 2025, DR,J 82 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.28249 of 2025 04.11.2025 kkllkk