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2025 DAILYLAW 7630 (AP)

V NAGA MALLESH v. .The State of Andhra Pradesh

WP/4256/2025 · 2025-02-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE iriK.). ♦ I .V. 'v PRESENT x fc?oo^ HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4256 OF 2025 Between: V Naga Mallesh, S/o Nagaraju, aged 35 years, R/o.D.No. 1-4-40, Nagarigutta Pulivendula Town, Kadapa District ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Sri Satya Sai District. 3. The Tahsildar, Kadiri Mandal Sri Satya Sai District. 4. The Mandal Surveyor, Kadiri Mandal Sri Satya Sai District 5. The State S.H.O, Kadiri Rural P.S Sri Satya Sai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondent no.4 in not providing police protection to conducting the survey for sub division and demarcation of the boundaries admeasuring an extent of Ac. 5-85 paiki 0-40 cents in Survey No. 245- 1C situated within the limits of Saidapuram Village, Kadiri Municipality, Sri Satya Sai District vide application of land NO.DER012401514961 dated w 19-08-2024 is illegal, arbitrary unjust, and in violation of Art. 14 of the Constitution of India and consequently direct the respondent No.5 to provide police aid and respondents 3 and 4 to dispose of Application of petitioner for conducting the survey and demarcation of the boundaries of land admeasuring an extent of Ac.0-40 cents. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 forthwith to dispose of Application of petitioner dated 19.08.2024 for conducting the survey and demarcation of the boundaries of land admeasuring an extent of Ac. 5-85 paiki 0-40 cents in Survey No. 245-1C situated within the limits of Saidapuram Village, Kadiri Municipality, Sri Satya Sai District, pending disposal of the Writ Petition. i Counsel for the Petitioner: SRI INENI VENKATA PRASAD Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER 1 APHC010077822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4256/2025 Between; 1.V NAGA MALLESH, S/0 NAGARAJU, AGED 35 YEARS, R/0.D.N0.1- 4-40, NAGARIGUTTA, PULIVENDULATOWN, KADAPA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, SRI SATYASAI DISTRICT 3.THETAHSILDAR, KADIRI MANDAL SRI SATYASAI DISTRICT. 4.THE MANDAL SURVEYOR, , KADIRI MANDAL SRI SATYA SAI DISTRICT 5.THE STATE S H O, KADIRI RURAL PS SRI SATYASAI DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner; 1. INENI VENKATA PRASAD Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; ORAL ORDER: Heard Sri I. Venkat Prasad, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 4. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the F-line Application submitted by the Writ Petitioner dated 19.08.2024 (Ex.P1). Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Tahsildar, (Respondent No.3) to consider the Application submitted by the Writ Petitioner dated 19.08.2024 (Ex.P.1) and issue final proceedings in accordance with law within a period of eight weeks from today and supply a copy of such Order to all the interested parties including the Writ Petitioner herein forthwith. 4. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner herein, submissions/objections and documents, if any, before passing the final order. 5. Writ Petitioner is directed to submit a copy of this Order to Respondent No.3 within one week from today, for effective compliance. With these observations and directions, this Writ Petition disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 2. 3. Kadiri Mandal consider their 6. stands 7. Sd/- M. SRINIVAS ASSISTANT REGISTI^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Guntur District. > a . 2. The District Collector, Sri Satya Sai District. 3. The Tahsildar, Kadiri Mandal Sri Satya Sai District. 4. The Mandal Surveyor, Kadiri Mandal Sri Satya Sai District 5. The State S.H.O, Kadiri Rural P.S Sri Satya Sai District. ^ % 6. One CC to Sri Ineni Venkata Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:20/02/2025 ORDER WP.No.4256 of 2025 \ 0 MAR 2025 o>l/y %;S^ESPATCV<I^ disposing of the W.P., WITHOUT COSTS