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2025 DAILYLAW 59320 (AP)

DALIBOYINA SANYASI RAO v. THE STATE OF AP

WP/36321/2025 · 2025-12-28

D Ramesh

body2025

Judgment text

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APHC010705252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36321/2025 Between: 1. DALIBOYINA SANYASI RAO, S/O. D APPA RAO AGED ABOUT 52 YEARS,R/O. D.NO. 4-31, BOTTAVONIPALLEM VILLAGE, RAVADA POST PARAVADA MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI 3. THE TAHSILDAR, PARAVADA MANDAL, ANAKAPALLI DISTRICT. 4. THE MANDAL LAND SURVEY OFFICER, PARAVADA MANDAL, ANAKAPALLI DISTRICT. 5. THE DEPUTY INSPECTOR OF SURVEY, ANAKAPALLI, ANAKAPALLI DISTRICT. ...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 -2- W.P. No.36321 OF 2025 Date of order:29.12.2025 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 to conduct a preliminary field inspection of the petitioners land admeasuring 0.2850 in Sy.No.72-4 of Raavada Village, Parawada Mandal, Anakapalli District and file a status report before this Honble Court within a fixed time, and pass Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.36321 OF 2025 Date of order:29.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No:36321 OF 2025 ORDER: 1. The writ petition is filed aggrieved by the endorsement dt.15.09.2025 issued by the Tahsildar. 2. The contention of the petitioner is that the respondents have not issued any report. Without having the report, the petitioner is unable to file an appeal under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923 [for short ‘the Act’] and that the impugned endorsement has been issued without conducting appropriate enquiry, without issuing notice to the petitioner as well as to the other respondents. Hence the endorsement is contrary to the provisions of the Act. 3. As the petitioner was not served with the report, the petitioner is not able to file any appeal under Section 11 of the Act. Considering the submissions, the writ petition is disposed of directing the respondents to supply a copy of the endorsement and also the report to the petitioner within a period of two weeks. On receipt of the said report, the petitioner may avail remedy under Section 11 of the Act. If any appeal is filed, the appellate authority is directed to -4- W.P. No.36321 OF 2025 Date of order:29.12.2025 consider the same and pass appropriate orders and if required providing an opportunity of hearing to the petitioner. No costs. 4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ JUSTICE D.RAMESH BV