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2025 DAILYLAW 57681 (AP)

Kandipilli Gandhi, v. State of Andhra Pradesh

WP/29274/2025 · 2025-10-26

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010565262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Ji- r.* MONDAY,THE TWENTY SEVENTH DAY OF OCTOBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29274 OF 2025 Between: 1. Kandipilli Gandhi S/o. Late Gaddeppa aged 78 years, Occ Cultivation, R/o. D.No. 50-57-8/1, Rajendra Nagar, Near VT College, Seethammapeta, Visakhapatnam City, Visakhapatnam District. 2. Kandipilli Srinivas,, S/o. Gandhi, aged 45 years, Occ Cultivation, R/o Rajendra Nagar, Near V.T College, Seethammapeta, Visakhapatnam City, Visakhapatnam District 50-57-8/1, ...Petitioners AND 1. State of Andhra Pradesh, Rep. by Principal Secretary Secretariat, Velagapudi Municipal Administration and Urban Development Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration and Urban Development Department, Prime Hill Crest, Vaddeswaram Village, Mangalagiri, Guntur District. 3. Greater Visakhapatnam Municipal commissioner, 2-32, Visakhapatnam. 4. The Chief City Visakhapatnam Visakhapatnam District. Corporation Rep. by its Asilmetta Junction, Tenneti Bhavan Planner, Town Planning Section, Greater Corporation, Municipal Visakhapatnam, 7 5. The Estate Officer, Greater Visakhapatnam Municipal-Corporation, Visakhapatnam, Visakhapatnam District 6. Mandal Surveyor and Town Surveyor, Zone-III, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action Respondents particularly Respondents 4 to 6 in not conducting a joint survey to Petitioners 'and admeasuring 1400 Sq. Yards covered Sy. No.38/1 of Resapuvanipale Revenue Village, Rajendranagar, Seethammadhara Mandal m Visakhapatnam in pursuant to proceedings in Rc.No.014014/2024/CP- II, dt. -10-2025 issued by the 4th Respondent, as illegal, irregular, irrational, as amounts to discharge of legal obligation conferred on them and offends Articles 14, 21 and 300-A of the Constitution of India non- and consequently direct the Respondents 4 to 6 to conduct a joint survey and fix boundaries for the said land pursuant to said endorsement, dated 10-2025. lA NO: 1 OF 2n2fi 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, particularly Respondents 4 to 6 survey and fix boundaries for the Petitioners’ land admeasuring 1400 Sq. Yards covered Sy. No.38/1 of Resapuvanipalem Revenue Village, Rajendranagar, Seethammadhara Mandal, Visakhapatnam in pursuant to proceedings in Rc.No.014014/2024/CP-ll, dated -10-2025 issued by the 4th Respondent, pending disposal of the main Writ Petition. to conduct a joint / / 4^ Counsel for the Petitioners: SRI SITA RAM CHAPARLA Counsel for the Respondent Nos. 1 and 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 3 to 6: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION f The Court made the followin I ■i ) f APHC010565262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^:5 [3457] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29274/2025 Between: 1.KANDIPILLI GANDHI,, S/0. LATE GADDEPPA, AGED 78 YEARS, OCC CULTIVATION, R/0. D.NO. 50-57-8/1, RAJENDRA NAGAR, NEAR VT COLLEGE, SEETHAMMAPETA, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 2.KANDIPILLI SRINIVAS,, S/O. GANDHI CULTIVATION, R/0 50-57-8/1, COLLEGE, SEETHAMMAPETA, VISAKHAPATNAM DISTRICT AGED 45 YEARS, OCC RAJENDRA NAGAR, NEAR V.T CITY, VISAKHAPATNAM ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, PRIME HILL CREST, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT. 3.GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, 2-32, TENNETI BHAVAN JUNCTION, VISAKHAPATNAM. ASILMETTA 4.THE CHIEF CITY PLANNER, TOWN PLANNING SECTION, GREATER' VISAKHAPATNAM MUNICIPAL CORPORATION," 2 VISAKHAPATNAM. VISAKHAPATNAM DISTRICT 5. THE ESTATE OFFICER, GREATER VISAKHAPATNAM MUNICIPAL- CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT 6.MANDAL SURVEYOR AND GREATER VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. TOWN SURVEYOR, VISAKHAPATNAM MUNICIPAL ZONE-ILL CORPORATION, ...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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action Respondents particularly Respondents 4 to 6 in not conducting a joint survey to Petitioners land admeasuring 1400 Sq. Yards covered Sy. No.38/1 of Resapuvanipale Revenue Village, Rajendranagar, Seethammadhara Mandal, m Visakhapatnam in pursuant to proceedings in Rc.No.014014/2024/CP- II, dt. -10-2025 issued by the 4th Respondent, as illegal, irregular, irrational, as amounts to non- discharge of legal obligation conferred on them and offends Articles 14 21 and 300-A of the Constitution of India and consequently direct the Respondents 4 to 6 to conduct a joint survey and fix boundaries for the said land pursuant to said endorsement, dated 10-2025 lA NO: 1 OF 2()?R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the Respondents, particularly Respondents 4 may be pleased to to 6 to conduct a joint survey and fix boundaries for the Petitioners’ land admeasuring 1400 Sq. Yards covered Sy. No.38/1 of Resapuvanipalem Revenue Village Rajendranagar, Seethammadhara Mandal, Visakhapatnam in pursuant to proceedings in Rc.No.014014/2024/CP-ll, dated -10-2025 issued by the 4th Respondent, pending disposal of the main Writ Petition Counsel for the Petitioner(S): 1.SITA RAM CHAPARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 3 F ■■ :// The Court made the following: ORDER:- / The learned counsel for the petitioners submits that the petitioners have requested the authorities to conduct a survey and also paid the requisite fee on 18.10.2025. It is submitted that the City Planner from the office of the 4*^ respondent also instructed the concerned Estate Officer to conduct a joint survey along with the Mandal Town Surveyor, Zone-Ill, GVMC, and submit action taken report. It is submitted that no further action has been taken by the respondent authorities in spite of a direction from the concerned authorities. The learned Standing Counsel appearing for the respondent Nos.3 and 4 submits that the land falls under the revenue survey number and that the petitioners would have to submit an application before the revenue authorities as well. \ \ an 2. The learned counsel for the petitioners further submits that the petitioners filed W.P.No.24564 of 2025, which is pending consideration before this Court. It is also stated that the petitioners are in continuous exclusive possession of the property, and as such, they are requesting for conducting of survey. 3. Considering the submissions of the learned Standing Counsel for the respondent Nos.3 and 4 that the subject survey falls under the revenue jurisdiction and as such the 6“^ respondent would have to conduct a survey. Accordingly, the petitioners shall submit a fresh representation to the 6th respondent,, and the respondent Nos.3 to 6 shall conduct a joint survey 4. on 4 receipt of the representation of the petitioners within a period of four (04) weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed off. There shall be no order as 5. to costs. 6. Pending miscellaneous petitions, if any, shall stand clo^^ Sd/-T. SRINIVASA RAO assistant registrar ll //TRUE COPY// SECTi^i^fficer To 1. The, Principal Secretary, Municipal Administration Development, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. and Urban Velagapudi, 2. The Commissioner and Director of Municipal Administration and Urban Development Department, Prime Hill Crest, Vaddeswaram Village, Mangalagiri, Guntur District. 3. The Commissioner, Greater Visakhapatnam Municipal Corporation, 2- 32, Tenneti Bhavan Asilmetta Junction, Visakhapatnam. 4. The Chief City Visakhapatnam Visakhapatnam District. 5. The Estate Officer, Greater Visakhapatnam Municipal- Visakhapatnam, Visakhapatnam District 6. Mandal Surveyor and Town Surveyor, Zone-Ill Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam 7. One CC to Sri. Sita Ram Chaparla Advocate [OPUC] 8. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] 9. Two CCs to GP for Municipal Admin and Urban Court of Andhra Pradesh [OUT] 10. Two CD Copies GSC Planner, Municipal Town Planning Section, Corporation, Greater Visakhapatnam, Corporation, District. Development, High -t \ \ HIGH COURT DATED:27/10/2025 '0 .3 EiS ORDER WP NO. 29274 OF 2025 I DISPOSING THE WP WITHOUT COSTS