APHC010096672026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Between: 1. PENTAKOTA SEETHA RAMANJANEYULU,, S/O.LATERAMBHADRA RAO, AGED ABOUT 72 YEARS, R/O.D.NO.46 MANDAVARIPETA, VISHAKHAPATNAM, A.P 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MA AND VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. 3. THE JOINT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. 4. THE TAHSILDAR, MAHARANIPETA MANDAL, VISAKHAPATNAM DISTRICT, A.P. 5. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY THE COMMISSIONER, VISAKHAPATNAM DISTRICT, A.P. 6. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION DISTRICT, A.P. 7. ADARSH JOSHI, S/O. ANIL KUMAR JOSHI, R/O.D.NO.7 NO.2A, BRUNDAVAN APARTMENT, PANDURANGAPURAM, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5401/2026 PENTAKOTA SEETHA RAMANJANEYULU,, S/O.LATERAMBHADRA RAO, AGED ABOUT 72 YEARS, R/O.D.NO.46 MANDAVARIPETA, VISHAKHAPATNAM, A.P ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. THE JOINT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. THE TAHSILDAR, MAHARANIPETA MANDAL, VISAKHAPATNAM TER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY THE COMMISSIONER, VISAKHAPATNAM THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION - ZONE III, VISAKHAPATNAM ADARSH JOSHI, S/O. ANIL KUMAR JOSHI, R/O.D.NO.7-5-91/1, FLAT NO.2A, BRUNDAVAN APARTMENT, PANDURANGAPURAM, IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PENTAKOTA SEETHA RAMANJANEYULU,, S/O.LATERAMBHADRA RAO, AGED ABOUT 72 YEARS, R/O.D.NO.46-22-10, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL UD DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. THE JOINT COLLECTOR, VISAKHAPATNAM DISTRICT, A.P. THE TAHSILDAR, MAHARANIPETA MANDAL, VISAKHAPATNAM TER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY THE COMMISSIONER, VISAKHAPATNAM THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM ZONE III, VISAKHAPATNAM 91/1, FLAT NO.2A, BRUNDAVAN APARTMENT, PANDURANGAPURAM, 2 VISAKHAPATNAM DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S): 1. DEVI PRASAD MANGALAPURI 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORAL ORDER: Heard Sri Javvaji Sarath Chandra, learned Counsel for the Writ Petitioner, Sri S. Vijaya Kumar, learned Counsel, representing Sri A.S.C. Bose, learned Standing Counsel for the Municipal Corporation and Sri N. Subba Rao, learned Senior Counsel representing Sri Devi Prasad Mangalapuri, learned Counsel for the Unofficial Respondent. 2. The present Writ Petition is filed seeking the following relief: “For the reasons statedin the accompanying affidavit, the petitioners pray that the it is prayed that this Hon’ble Court may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of Mandamus declaring that the inaction of the Respondents herein in conducting a joint survey and physical demarcation of lands in T.S.Nos.1008, 1009 and 1011 in accordance with the original Field Measurement Book (FMB) and in restraining the 7thRespondent from proceeding with the construction under Building Permit No.1086/ 2022/ B/ Z3I PAM/2023 dated 25.07.2023 in the subject land, which was obtained by the 7th Respondent herein pertaining to a different Sy.No.1011/1A1A3A, despite the Petitioner's Application vide No.897512 dated 21.08.2025 Grievance NO.VSP202508254082 dated 25.08.2025, and representation dated 08.01.2026 as illegal, arbitrary and unconstitutional and contrary to the provisions of The A.P. Survey and Boundaries Act, 1923, A.P. Building Rules, 2017, the Municipal Corporation Act, 1955, besides being violative of Article 14 and 300A of Constitution of India and consequently direct the Respondent No's.2 to 6 herein to conduct a joint survey and demarcation of 3 the subject property in T.S.No.1008/3A-1 (part of T.S.No.1008), Waltair Ward, Visakhapatnam, A.P in consideration of the Petitioner's representations dated 21.08.2025, 25.08.2025 and 08.01.2026 in accordance with law and to restrain the 7th Respondent from interfering with the Petitioner's peaceful possession of the subject property or from carrying on any construction in subject property pursuant to Building Permit No.1086/2022/B/Z3/P AM/2023 vide No.897512 dated 21.08.2025 Grievance dated 25.07.2023 ” 3. Having considered the preliminary facts, this Court had issued certain directions to the Official Respondents as well as the Unofficial Respondent. 4. Having considered the facts in the present case, it transpires that the Petitioner herein has made an Application to Respondent Nos.2 to 5. Respondent Nos.2 to 4 are the Officers of the Department of Revenue and Respondent Nos. 5 and 6 are the Officers of the Greater Visakhapatnam Municipal Corporation. 5. In response to the Applications made by the Writ Petitioner dated 18.08.2025 and 25.08.2025 (Ex.P.3) regarding violation of DCR/Building Bye Laws and for survey, the Zonal Commissioner of Respondent No. 5 had addressed a letter to the Petitioner on 17.11.2025 (Ex.P.4), requesting the Petitioner to submit the ownership documents as well as the link documents, in addition to the Agreement of Lease which was already submitted. In response to the said letter of the Zonal Commissioner, the Petitioner has submitted the necessary information under communication dated 08.01.2026 (Ex.P.1). It is the grievance of the Petitioner that, since the submission of the necessary documents on 08.01.2026 (Ex.P.1), the Official Respondents have not initiated any action. 6. Learned Counsel for the Petitioner would submit that the delay in conducting the Joint Survey is inuring to the disadvantage of the Petitioner, inasmuch as construction is being carried out by the Unofficial Respondent while the dispute with regard to identification of various properties in T.S.Nos.1008, 1009 & 1011 is pending. 4 7. The Written Instructions of Respondent No. 5 would indicate that the Town Surveyor suffered heart attack and underwent By-pass Surgery and is on leave. The latest Oral Instructions received by Sri S. Vijaya Kumar, learned counsel representing Sri A.S.C. Bose, learned Standing Counsel for the Municipal Corporation, would indicate that the Town Surveyor is now available for conduct of the Survey. 8. Having noted these facts, this Court deems it appropriate to dispose of this Writ Petition, directing Respondent Nos. 5 and 6 to ensure that a Joint Survey is conducted by the Town Surveyor within a period of four (04) weeks from today. The Town Surveyor shall issue Advance Notice to the Petitioner as well as the Unofficial Respondent No. 7 and also to any other Stakeholders, and convey the time and date of the proposed Joint Survey. 9. Needless to state that the Town Surveyor is statutorily obligated to adhere to the Principles of Natural Justice by considering all the documents and submissions of all the interested Parties before the finalization of the Survey Report. The Town Surveyor shall prepare the Final Report within three weeks from the date of completion of the Joint Survey and furnish copies of such Report to all the Stakeholders, including the Petitioner and Unofficial Respondent No.7, forthwith. 10. With these observations and directions, this Writ Petition is disposed of. No order as to costs. 11. It is made clear that any further construction being carried out in the said survey numbers by the Parties shall beat their own risk and costs, and they shall not claim any equities. 12. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 18.03.2026 DSV 5 54 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5401/2026 18.03.2026 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No.WRIT PETITION NO: 5401/2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 18.03.2026 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 7