In this writ petition, petitioners challenged the proposed survey of their land without notice, alleging arbitrariness. The Court held the grievance was premature as no survey had commenced, hence dismissed the petition.
The writ petition was closed with liberty to the petitioners to agitate their grievance when the cause of action arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.3104 of 2022
ORDER:
The petitioners seek writ of mandamus declaring the action of the 4th respondent in proposing to conduct survey and demarcation in a developed area bearing plot Nos.34, 35, 26, 29, 43, 44, 45, 48, 49, 50, 62, 63, 64, 29, 47, 16, 17, 18, 21, 32, 33, in an extent of 2608.42 square meters, 1407 square meters and 1337 square meters belong to the petitioners 1 to 3 respectively situated in Survey No.80/04 of Padarupalli Village, Nellore Rural Mandal, Nellore District, with a view to show it as Donka in Survey No.99, which is far away from the subject property without any notice or without following due procedure prescribed under law, as illegal and arbitrary and for a consequential direction.
“ In this connection, it is submitted that an extent of Acres 11.05 cents in Sy.No.80/4 of Padarupalli Village, Nellore Rural Mandal is classified as patta land and an extent of Acres 1.24 cents in Survey No.99 of Padarupalli Village is classified as “Donka” in village records. It is
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further submitted that the Mandal Surveyor has not issued any notices to petitioners and not conducted the survey of the said Survey Numbers of Padarupalli village of Nellore Rural Mandal.”
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
03.03.2022 SS
2 issues framed by the court
Whether the grievance regarding proposed survey of agricultural land is premature as no action has been taken.
Whether the writ petition should be closed or disposed of in status quo.
Petitioners
4th Respondent
U. Durga Prasad Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
