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2025 DAILYLAW 6430 (AP)

C.G. Gangappa v. The State of Andhra Pradesh

WP/3662/2025 · 2025-02-14

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE St* lip >» OV. S.O ^ PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3662 OF 2025 Between: C.G. Gangappa, S/o. Govindappa Naidu, Aged about 64 years, R/o. Pesuludoddi Village, Venkatagiri kota Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravati, Andhra Pradesh. 2. The Revenue Divisional Officer/ Sub Collector, Madanapalle Division, Chittoor District. 3. The Tahsildar, Venkatagiri kota Mandal, Chittoor District. 4. The Mandal Surveyor, Venkatagiri kota Mandal, Chittoor District. 5. K. Ramadevi, W/o.K. Kuppuswami Naidu R/o. S. Bandapalle, Venkatagiri kota Mandal, Chittoor 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 or Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd and 4th respondents did not choose to dispose his application to conduct survey of his land i.e, survey no. 174/2 for an extent of Ac. 2. 29 Cents situated at S Bandapalle Village, Venkatagiri kota Mandal, Chittoor District is illegal, arbitrary and violations of Article 14, 21 and 300A and consequently direct the 3rd and 4th respondents to conduct survey and fix the boundaries as per D-Form Patta and Pattadhar Passbook and title deed in respect of the survey no. 174/2 for an extent of Ac. 2. 29 Cents situated at Bandapalle Village, Venkatagiri kota Mandal, Chittoor District 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 may be pleased to direct the 3rd & 4th respondents to conduct survey and fix the boundaries as per D-Form Patta and Pattadhar Passbook and title deed in respect of the survey no. 174/2 for an extent of Ac. 2. 29 Cents situated at S Bandapalle Village, Venkatagiri kota Mandal, Chittoor District pending disposal of the above writ petition. Counsel for the Petitioner: SRI. K SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010060572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY. THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3662/2025 Between: C.G. Gangappa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 2. Challenging the inaction of the respondents in conducting survey, in response to the application of the petitioner dated 31.12.2024, the writ petition is filed. 3. It is stated that the petitioner was assigned land vide D-form patta in respect of the land located in Sy.No. 174/2 to an extent of Ac.2.29 cents situated at S.Bandapalle Village, Venkatagiri Kota Mandal, Chittoor District. It is contended that the adangal obtained by the petitioner on 28.12.2024 in / f respect of the subject land, shows the land as Ac.2.28 cents, whereas under the D-form patta the land assigned was Ac.2.29 cents. Since, there is a variation, the petitioner had applied for conducting survey on 31.12.2024. Subsequent thereto, the unofficial respondents have also applied for conducting survey. Though the petitioner’s application was prior to the application of the unofficial respondents, the official respondents have acted on the application filed by the unofficial respondents ignoring the application filed by the petitioner, and issued notice to the petitioners to appear for survey that was fixed, to be held on 21.01.2025. The petitioner’s contention is that the respondents did not permit him to participate in the said survey. Considered the rival submissions. 5. This Court is of the view that, the writ petition can be disposed of directing the respondents to consider the application filed by the petitioner 31.12.2024 for conducting survey, after affording sufficient opportunity to the petitioner and after issuing notice to the unofficial respondent No.5 in the writ petition and pass appropriate orders. 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 4. on As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department Andhra Pradesh. Secretariat, Amaravati 2. The Revenue Divisional Officer/ Sub Collector, Madanapalle Division Chittoor District. 3. The Tahsildar, Venkatagiri kota Mandal, Chittoor District. 4. The Mandal Surveyor, Venkatagiri kota Mandal, Chittoor District. 5. K. Ramadevi, W/o.K. Kuppuswami Naidu R/o. S. Bandapalle, Venkatagiri kota Mandal, Chittoor District 6. One CC to SRI. K SRINIVAS Advocate [OPUC] 7. Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies vna HIGH COURT DATED:14/02/2025 ORDER WP.No.3662 of 2025 S 19 FEB 2025 Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS