Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY | TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3868 OF 2025 12 v: Q ->s Between: D. Subramanyam, S/o late D. Ramappa, aged about Agriculture, R/o. Vernegapalli Village, V.Kota Mandal, Chittoor District ...PETITIONER 46 years Occ. AND
1. The State of Andhra Pradesh rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota Mandal, Chittoor District. 5. The Mandal Surveyor, V.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 be pleased to issue an appropriate Writ, order may or direction more particularly in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.4 and 5 in conducting survey and demarcating the land in an extant of an Ac. 0.63 Cents one in Sy.No. 246 of Gonumakkulapalle as arbitrary, illegal and abdication of the statutory duty cast on them and voilative of fundamental rights guaranteed to petitioner under Articles Village fields, V.Kota Mandal, Chittoor District 14, 19 and 21 of theme Constitution of India and consequently direct the respondents No. 4 and 5 to conduct the survey and demarcate the land im an extent of extant of Ac. 0 a 0.63 Cents in Sy.No. 246 of Gonumakkulapalle Village fields, V.Kota Mandal, Chittoor District. %■ lA NO: 1 OF 2025 ''M 9- ^ 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 No.4 to consider the F-Line Application, dated 27.12.2024 registered as application No. FSNV012400618424 in an submitted by petitioner for conduct of survey and demarcate the land i extent of an Ac. 0.63 Cents in Sy.No. 246 of Gonumakkulapalle Village fields, V.Kota Mandal, Chittoor District, and pass appropriate orders on the same and pending disposal of the writ petition.
Counsel for the Petitioner: SRI B.V.DURGA PRASAD Counsel for the Respondent Nos.1 to 5: SRI K. ARJUN CHOWDHARY AGP FOR REVENUE The Court made the following: ORDER
APHC010068902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3868/2025 Between: 1.D SUBRAMANYAM, S/0 LATE D. RAMAPPA, AGED ABOUT 46 YEARS OCC. AGRICULTURE, R/0. VERNEGAPALLI VILLAGE, V.KOTA MANUAL, CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, T REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, , PALAMANER, CHITTOOR DISTRICT. 4.THE TAHSILDAR, V.KOTA MANUAL, CHITTOOR DISTRICT. 5.THE MANDAL SURVEYOR, CHITTOOR DISTRICT. V.KOTA MANDAL ...RESPONDENT(S): Counsel for the Petitioner:
1.B.V.DURGA PRASAD , Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2? 2 ORAL ORDER: Heard Sri B.V.Durga Prasad, Ld. Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, Ld. Assistant Government Pleader for Revenue and Land Acquisition, Stamps & Registration The Ld. Counsel for the Petitioner submits that the present Writ Petition is filed seeking a direction to the Tahsildar, V.Kota Mandal, Chittoor District (Respondent No.4) to consider the F-Line Application, dated 27.12.2024 (Ex.P3). 2. 3. Sri K. Arjun Chowdary, Ld. Assistant Government Pleader for Revenue and Land Acquisition, Stamps & Registration, has submitted the Written Instruction furnished by the Tahsildar, V.Kota, Chittoor District, along with a Photocopy of the Appeal filed by Sri C.Rama Krishnappa Gowdu before the Revenue Divisional Officer, Palamaner (Respondent No.3). On perusal of the said Appeal, this Court observes that the Appeal was filed on 18.12.2024 and is numbered as ROR Appeal/Petition No. 1856 of
2024. This Court also notice that the Writ Petitioner herein is arrayed as Respondent No.2 in ROR Appeal/Petition No. 1856 of
2024. The Ld. Counsel for the Writ Petitioner submits that the Writ Petitioner has neither received any oral nor written information
4. 3 regarding the filing or pendency of any Appeal before the Respondent No.3. It appears that Respondent No.3 has not issued any Notice to the Writ Petitioner, given that the Appeal was filed recently in December,
2024.
Since the Appeal is pending before the Revenue Divisional Officer (Respondent No.3), and the Writ Petitioner herein is arrayed as Respondent No.2, this Court is of the view that the issue of conducting a survey in response to the Application filed by the Writ Petitioner on 27.12.2024 should be considered by the Revenue Divisional Officer (Respondent No.3), taking into account the
facts and circumstances of the case.
5. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits, by directing the Writ Petitioner to approach the Respondent No.3 and file an appropriate Application for the conduct of a survey during the pendency of the Appeal bearing ROR Appeal/Petition No. 1856 of 2024. If the Writ Petitioner files such an Interlocutory Application, the Respondent No.3 may consider it on its merits and pass appropriate Orders within six (06) weeks from the date of filing the Interlocutory Application. Needless to state that Respondent No.3 is legally mandated to adhere to the principles of Natural Justice by issuing advance
4 Notice to all the parties including the Writ Petitioner, and consider their
submissions/ objections and documents, if any, before passing any orders on such Interlocutory Application. It is clarified this Court has not expressed any view on the merits of the case. With these observations and directions, this Writ Petition is
6.
disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of
7. this order.
SD/-K SRINIVASA RAJU assistant^egistear SECTON OFFICER //TRUE COPY// To, Department, State of Andhra Velagapudi, Guntur District.
1. The Principal Secretary, Revenue Pradesh, Secretariat Buildings,
2. The District Collector, Chittoor District Palamaner, Chittoor District. 3 jhe Revenue Divisional Officer V.Kota Mandal, Chittoor District. V.Kota Mandal Chittoor District.
4. TheTahsildar
5. The Mandal Surveyor
6. One CC to _
7. Two CCS to GP for Revenue, Sri B.V.Durga Prasad, Advocate [OPUC] High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. ssb
HfGH COURT DATED:17/02/2025
ORDER WP.No.3868 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS