APHC010191752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9729/2025 Between: 1. CHUNDURI MALLAIAH PANTULU, S/O VENKAT RAMAYYA, AADHAR 3402 0089 4138 AGED ABOUT 59 YEARS, G.R.REDDY NAGAR, SECUNDERABAD, TELANGANA-500062. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, PRIME HILLS CREST, 4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESAWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH- 522501 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, GVMC OFFICE, VISAKHAPATNAM, ANDHRA PRADESH. 3. THE ZONAL COMMISSIONER, GVMC, VISAKHAPATNAM- 2, ANDHRA PRADESH 4. THE TOWN SURVEYOR, MADHURAWADA, VISAKHAPATNAM ZONE 2, ANDHRA PRADESH 5. MUMMANENI GOPALA KRISHNA GOKHALE, AGED 64 YEARS, S/O. M. VENKATESWARA RAO, R/O.D.NO. 9- 61/2, VAIBHAV NAGAR, MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH - 530048. ...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 topleased to issue a direction, order more particularly one in the nature of Writ of Mandamus to declare the inaction of Respondents more specifically Respondent No.2 in not acting upon the representation made by HN, J W.P.No.9729_2025 2 the petitioner herein dated 10.3.2025 as illegal, arbitrary, whimsical, capricious and contrary to the principles of natural justice and violative of Article 300A of the Constitution of India and consequently direct the Respondents specifically Respondent No.2 to demolish the illegal and unlawful fencing wall erected by the Respondent No.5 herein in the premises of the petitioner to the extent admeasuring 870 Square Yards in Survey No 343/1 of Madhurawada Division Thimmapuram Village of Visakhapatnam District of Andhra Pradesh 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 pleased to direct the Respondents specifically Respondent No.2 to Respondent No.4 to consider the representation made by the petitioner herein dated 10.3.2025 and undertake conduct of survey in the petitioner's land to the extent admeasuring 870 Square Yards in Survey No 343/1 of Madhurawada Division Thimmapuram Village by following due process of law and pass Counsel for the Petitioner: 1. UMESH CHANDRA P V G Counsel for the Respondent(S): 1. P DURGA PRASAD 2. GP MUNCIPAL ADMN AND URBAN DEV AP HN, J W.P.No.9729_2025 3 The Court made the following order: 1. The petitioner is aggrieved by the inaction on the part of the respondent No.2 in not considering the representation of the petitioner dated 10.03.2025 the petitioner claims to have purchased 870 square yards of land in Survey No.343/1 of Madhurawada Division. It is alleged that the 5th respondent is holding land adjacent to the petitioner’s property in Survey No.342/3A, 342/4A, 342/5A and 342/6A, within extent of Ac.3.26 cents it is submitted that the 5th respondent has encroached on to the property of the petitioner and constructing a compound wall. Against such action of the 5th respondent the petitioner submitted a representation to the 2nd respondent for taking necessary action the 5th respondent. A counter is filed by the 5th respondent stating that there is no encroachment as alleged by the petitioner. 2. The learned counsel appearing for the 5th respondent submits that the petitioner has not submitted any title document along with the writ petition to establish his claim over the property in survey No.343/1 whereas the 5th respondent has submitted the available document which is a registered sale deed of the year 1987. The learned counsel for the petitioner submits that the 5th respondent is denying encroachment on paper, however on ground the 5th respondent has encroached on to the property of the petitioner and HN, J W.P.No.9729_2025 4 that the petitioner shall submit a fresh representation seeking conducting of survey. 3. The learned counsel appearing for the 5th respondent submits that the petitioner would have to submit a copy of title documents for the surveyor to determine the extent of land held by the petitioner in pursuance of his title documents. 4. Sri A.S.C.Bose, learned Standing counsel appearing for 2nd respondent submits that insofar as the consideration of the representation dated 10.03.2025 is concerned the petitioner would have to furnish the relevant documents however considering the issue on hand it would be appropriate for the petitioner to submit an application for conducting a survey. 5. Recording the submissions, the writ petition is disposed off, leaving it open for the petitioner to submit a fresh application to the 2nd respondent for conducting a survey for determining his boundaries as per the sale deed/title document. It is needless to mention that the respondent No.2 shall conduct a survey by issuing notice to all the concerned. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 28.11.2025 NKA HN, J W.P.No.9729_2025 5 542 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.9729 of 2025 Date: 28.11.2025 NKA