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2026 DAILYLAW 14431 (AP)

ASGAR ALI PATAN v. THE STATE OF ANDHRA PRADESH

WP/525/2026 · 2026-01-05

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J W.P.No.525_2026 APHC010008522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 525/2026 Between: 1. ASGAR ALI PATAN, S/O LATE PATAN KHADER MOHIDDJN KHAN, AGED ABOUT 53 YEARS, R/O D.NO.20/905, BALUSHAPET, NEAR C AM HIGH SCHOOL, DARGAMITTA, NELLORE, ANDHRA PRADESH - 524003. 2. PATAN SHABIRA BEGUM, W/O LATE PATAN KHADER MOHIDDIN KHAN, AGED ABOUT 76 YEARS R/O D.NO.20/905, BALUSHAPET, NEAR CAM HIGH SCHOOL, DARGAMITTA, NELLORE,ANDHRA PRADESH - 524003. 3. SHAIK AFSAR ALI, S/O LATE PATAN KHADER MOHIDDIN KHAN, AGED ABOUT 50 YEARS, R/O D.NO.32/32, HAL COLONY, GAJULARAMARAM, NEAR UMCC HOSPITAL, QUTUBULLAPUR, KV RANGAREDDY, TELANGANA - 500055. 4. SHAIK ASHRA BEGUM, W/O SHAIK BASHA MOHIDDIN, AGED ABOUT 49 YEARS R/O FLAT NO.501, SREEDA PRIDE APARTMENTS, OWNERS COURT EAST. NEAR AMRITA COLLEGE, KASAVANAHALLI ROAD, CARMELARAM, SOUTH BANGALORE, KARNATAKA - 560035. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, 2 HN, J W.P.No.525_2026 VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ANDHRA PRADESH - 522238 4. THE NELLORE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, NELLORE, S P S R NELLORE DISTRICT, ANDHRA PRADESH - 524003 5. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH - 524001. 6. THE REVENUE DIVISIONAL OFFICER, NELLORE DIVISION, NELLORE, ANDHRA PRADESH - 524001 7. THE ASSISTANT DIRECTOR, SURVEY, SETTLEMENT AND LAND RECORDS, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH - 524001. 8. THE SUPERINTENDING ENGINEER, IRRIGATION AND CAD DEPARTMENT, ADITYA NAGAR, RAMALINGAPURAM, ANDHRA PRADESH - 524003 9. MANDAL REVENUE OFFICER, NELLORE URBAN MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. ...RESPONDENT(S): 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus, declaring the action of a. The Respondent Nos.4 to 8, in interfering with and threatening to dispossess the Petitioners from their patta land admeasuring to an extent of 1122.22 square yards situated in C.A.S. No.420-2, CAM High School Road, Revenue Ward No.22, Nellore, in contrary to the official proceedings issued by the Respondent No.9 in L.Dis.No.1615/91 dated 21.10.1991, without following due process of law, without conducting survey despite paying requisite fee for F-line application on 09.08.2021 as illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-Aof the Constitution of India, and consequently, b. to direct the Respondents to consider the 3 HN, J W.P.No.525_2026 Petitioners F-line application dated 09.08.2021 as well as the representations dated 22.12.2025 and 24.12.2025, and thereafter conduct a proper survey of the Petitioners land and demarcate the boundaries strictly in accordance with law, by taking into consideration the patta, settlement deed, revenue records and prior proceedings, and further. c. to direct the Respondents to refrain from dispossessing the Petitioners or interfering with their peaceful possession and enjoyment of the subject land admeasuring to an extent of 1122.22 square yards in CAM High School Road, Revenue Ward No.22, Nellore, in any manner whatsoever without following due process of law, and to pass IA NO: 1 OF 2026 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 pleased to direct the Respondents to refrain from dispossessing the Petitioners and interfering with their peaceful possession and enjoyment of the subject land in CAM High School Road, Revenue Ward No.22, Nellore, in any manner whatsoever without following due process of law and pass IA NO: 2 OF 2026 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 Pleased to direct the Respondent Nos.4 to 8 to consider the Petitioners’ F- line application dated 09.08.2021 and representations dated 22.12.2025 and 24.12.2025, and thereafter conduct a proper survey of the Petitioners’ land and demarcate the boundaries strictly in accordance with law, v'” by taking into consideration the patta, settlement deed, revenue records and prior proceedings forthwith and pass Counsel for the Petitioner(S): 1. Dondappagari Sai Siddi Srikhar Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4 HN, J W.P.No.525_2026 ORDER: 1. The petitioners are aggrieved by the constant interference of respondent Nos.4 to 8 in attempting to dispossess the petitioners from their patta land admeasuring an extent of 1122.22 square yards, situated in C.A.S.No.420-2, CAM High School road, Revenue Ward No.22, Nellore. 2. It is submitted that the proceedings dated 21.10.1991 amply clarify that the petitioners are in possession of their patta land. However, respondent Nos.4 to 8, unmindful of the said proceedings, are constantly interfering with the possession and enjoyment of the petitioners. 3. Sri A.S.C.Bose, learned Standing counsel appearing for the 4th respondent, on oral instructions, submits that the survey referred to by the petitioners pertains to the fixation of boundaries of Government land left margin on Rami Reddy drain, and that the respondent authorities have never interfered with the possession of petitioners’ property. It is further submitted that the petitioners may submit an application for conducting a survey for fixing of boundaries, if there is any ambiguity with regard to the identification of the petitioners’ property. 4. In reply, the learned counsel appearing for the petitioners submits that the petitioners have already submitted an application and paid the applicable fee on 09.08.2021, and that several representations were also submitted through PGRS seeking conduct of a survey, the latest representation being dated 22.12.2025. 5 HN, J W.P.No.525_2026 5. Recording the submissions, it is left open to the petitioners to submit a fresh representation to respondent No.4. Upon receipt of the online application along with the requisite fee, respondent No.4, in coordination with other competent authorities, shall conduct the survey and demarcate the boundaries of the petitioners’ land within a period of eight (08) weeks from the date of receipt of the application. The petitioners shall submit the said application within a period of two (02) weeks from the date of receipt of this order. Pending consideration, there shall be a direction to the respondent authorities not to interfere with the petitioners’ possession and enjoyment of the subject property. 6. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:06.01.2026 Note: Issue CC by 07.01.2026 NKA 6 HN, J W.P.No.525_2026 81 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 525 of 2026 Date: 06.01.2026 NKA