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2025 DAILYLAW 8334 (AP)

SURAPUREDDY KRISHNA REDDY v. THE STATE OF AP

WP/4763/2025 · 2025-02-25

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 4763 OF 2025 PRASAD Between: Surapureddy Krishna Reddy, S/o Venkateswarulu, R/o. 2-14, Mogallur Village, VeligandlaMandal, Ongole, Andhra Pradesh. aged about 50 years, Prakasam District at ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh. 2. The District Collector, Prakasam District at Ongole, Andhra Pradesh. 3. The Revenue Divisional Officer cum Deputy Inspector of Surveyor at Kanigiri Mandal, Prakasam District at Ongole, Andhra Pradesh. 4. The Tahsildar, Podili Mandal, Prakasam District at Ongole, Andhra Pradesh. ...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 a writ order may or direction particularly, one in the nature of a writ of Mandamus, declaring the action of respondent no.3 in not disposing of the statutory appeal dated 08/10/2024 filed Section 11 of the Andhra Pradesh Survey and boundaries Act, the completion of statutory period of 3 months by the petitioner under 1923 despite as prescribed under Section 12 of the Act, 1923 as illegal, arbitrary and violation of principles of Natural justice and also the violation of Art.21 and 300-A of Constitution of India and r r consequently direct the respondent no. 3 to dispose of the appeal dated 08/10/2024 filed by the petitioner under Section 11 of the Andhra Pradesh Survey and boundaries Act, 1923 as expeditiously as possible. 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 respondent no.3 to dispose of appeal dated 08/10/2024 filed by the petitioner under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923 as expeditiously as possible, in accordance with the law pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER 1 APHC010089212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4763/2025 Between: 1 .SURAPUREDDY KRISHNA REDDY, 2S/0 VENKATESWARULU, AGED ABOUT 50 YEARS, RIO. 2-14, MOGALLUR VILLAGE, VELIGANDLAMANDAL, PRAKASAM DISTRICT AT ONGOLE, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, CUM DEPUTY INSPECTOR OF SURVEYOR AT KANIGIRI MANUAL, PRAKASAM DISTRICT AT ONGOLE, ANDHRA PRADESH. 4.THE TAHSILDAR, PODILI MANUAL, PRAKASAM DISTRICT AT ONGOLE, ANDHRA PRADESH. ...RESPONDENT(S); Counsel for the Petitioner: 1.JADASRAVAN KUMAR Counsel for the Respondent{S): 1.GPFOR REVENUE 2 The Court made the following: ORAL ORDER: Heard Sri Alla Tarun Kumar, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. The present Writ Petition is filed challenging the inaction on the part of the Revenue Divisional Officer, Kanigiri Mandal (Respondent No.3) in disposing of the statutory Appeal. It is submitted by the learned Counsel for the Writ Petitioner that the Writ Petitioner has made an F-line Application, seeking conduct of survey of his land. Vide Endorsement dated 13.08.2024 (Ex.P.2), the Tahsildar, Podili Mandal (Respondent No.4) has rejected the Application of the Writ Petitioner. Aggrieved by the same, the Writ Petitioner has preferred a statutory Appeal challenging the Endorsement of the Tahsildar (Respondent No.4). It is submitted by the learned Counsel for the Writ Petitioner that the said Appeal is filed on 08.10.2024 before the RDO (Respondent No.3) and the same is pending. 2. 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 Revenue Divisional Officer, Kanigiri Mandal (Respondent No.3) to consider the statutory Appeal filed on 08.10.2024, by passing a Speaking Order in accordance with law within a period of eight (8) weeks from today and communicate a copy of such Order to all the interested parties. 3. 4. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notices to all the interested parties including the Writ Petitioner herein and the neighboring land owners, consider their submissions/objections and documents, if any, before passing the final order. 3 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 stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMIWA ASSISTANT iREGISTRAR 5. 6. 7. //TRUE COPY// S ION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur Dist. Andhra Pradesh. The District Collector, Prakasam District at Ongole, Andhra Pradesh. The Revenue Divisional Officer, cum Deputy Inspector of Surveyor at Kanigiri Mandal, Prakasam District at Ongole, Andhra Pradesh. The Tahsildar, Podili Mandal, Prakasam District at Ongole, Andhra Pradesh. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb » HIGH COURT DATED:25/02/2025 ORDER WP.No.4763 of 2025 AN 675^ ro 5 11 MAR 2025 ^ Currant Section Ss^S^ATC«^ DISPOSING OF THE W.P. WITHOUT COSTS