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2025 DAILYLAW 7053 (AP)

SHAIK ISMAIL v. The State of Andhra Pradesh

WP/3850/2025 · 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 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3850 OF 2025 Between: Shaik Ismail, S/o. Bhasha Saheb, aged about 44 years. Cultivation, Leburubit-1, Indukurupeta, Nellore, SPSR Nellore District 524314. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Nellore, SPSR Nellore District. TheTahsildar, Indukurupeta Mandal, SPSR NelloreDistrict. The Mandal Surveyor, Tahsildar's Office, Indukurupeta Mandal, Nellore, SPSR Nellore District. The Village Surveyor, Leburubit-1 Village, Indukurupeta Mandal, Nellore, SPSR Nellore District. Yekulu Ramireddy, S/o. Y. Chandra Sekhar Reddy, aged about years, resident of 4th street, Nellore, SPSR Nellore District. 1. 2. 3. 4. 5. 6. ...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 an order, or a direction, or a writ, more particularly one in the nab ire of WRIT OF MANDAMUS declaring the action of the respondent Nos. 2 to 5 in not considering the representations of the Petitioner dated 18.11.2024 and 30.12.2024 with Grievance Np. NLR202412303159 regarding conducting the survey and protecting the Government Rastha from the encroachment by the 6th respondent illegal, arbitrary, and against the provisions of the A.P. Survey and Boundaries Act, 1927, and consequently to direct the 4*^ and respondents to conduct the survey of the Government Rastha. 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 to direct the respondents to consider the Representation s of the Petitioner dated 18.11.2024 and 30.12.2024 with NO.NLR202412303159, pending disposal of the above Writ Petition. as Grievance Counsel for the Petitioner: SRI MULLA SOHAIL SHAREEF Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: The Court made the following: ORDER APHC010068772025 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: 3850/2025 Between: ...PETITIONER Shaik Ismail AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: I.Mulla Sohail Shareef Counsel for the Respondents: 1.GP for Revenue The Court made the following order: Heard Sri Mulla Sohail Shareef, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. Challenging the action of the respondents in not considering the representations of the petitioner dated 18.11.2024 and 30.12.2024 regarding conducting the survey of the Government Rastha, and protecting the same 2. / from encroachment, which has been used as a pathway to reach the agricultural fields in the area. Pursuant to the application of the petitioner dated 18.11.2024, seeking a survey, the 5^^ respondent issued a notice dated 25.11.2024, to the petitioner to appear for the survey. However, no final survey was conducted, and no 3. report was submitted. Although the petitioner made representations for the survey, the 4. respondents failed to take further action, and the matter was not brought to the attention of the Collector. The petitioner submitted another representation to the Collector on 30.12.2024, still it is pending, with the Collector. Learned Assistant Government Pleader for revenue submits that. 5. pursuant to the application made by the petitioner, the Mandal Revenue Officer's (MRO) surveyor has taken action, issued a notice, and the survey is in progress. Having regard to the contentions advanced, this Court is of the 6. considered view that since the respondents have already acted on the application of the petitioner for survey, they shall conclude the survey after issuing notice to both the petitioner and the unofficial respondents. This exercise shall be completed not later than two months from the date of receipt of this order. 4 With the above observation, the Writ Petition is disposed of. There shall 7. be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER To The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Nellore, SPSR Nellore District. TheTahsildar, Indukurupeta Mandal, SPSR NelloreDistrict. The Mandal Surveyor, Tahsildar's Office, Indukurupeta Mandal, Nellore, SPSR Nellore District. The Village Surveyor, Leburubit-1 Village, Indukurupeta Mandal, Nellore, SPSR Nellore District. Y^lftMlu l^amireddy, S/o. Y. Chandra Sekhar Reddy, aged about years, resident of 4*^. Street, Nellore, SPSR Nellore District. One CC to Sri Mulla Sohail Shareef, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. gi HIGH COURT DATED:14/02/2025 ORDER WP.No.3850 of 2025 I 25 FEB 2125 . Current Secuon ^^fSpArcy\^2<^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS