Disposed

Chandolu Venkata Srinivasarao v. The State of Andhra Pradesh

Andhra Pradesh HC21 Apr 2022WP/5587/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition alleging land encroachment and blockage of access. All counsels agreed the dispute required a survey to identify plots. The court directed the 6th respondent, with Revenue assistance, to conduct a village-level survey within eight weeks to demarcate road margins. Action against confirmed encroachment is left to authorities post-survey.

What did the court decide?

Direction to the 6th respondent to conduct a survey with the Revenue department to demarcate road margins within eight weeks in the presence of all parties; subsequent action on encroachment left to a

Chandolu Venkata Srinivasarao Vs The State of… — Landlord and Tenant | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

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WRIT PETITION No.5587 of 2022

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ORDER:-

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The petitioners claim ownership over an extent of Ac.1.00 of land in Sy.No.584 of Korempudi Village and Mandal, Guntur District. The petitioners are aggrieved by the attempts of the respondent Nos. 7 & 8 in encroaching upon the road margin in front of the land of the petitioners. The petitioners contend that the respondent Nos. 7 & 8 are constructing a building in the said road margin and the same would effectively cut off their access to the road. The petitioners are said to have given a complaint to the respondent Nos.1 to 6 relating to the said constructions by the respondent Nos. 7 & 8, in the road margin on 23.02.2022. Aggrieved by the inaction of the respondent Nos.1 to 6 in taking action against the respondent Nos. 7 & 8, the petitioners have approached this Court by way of the present writ petition.

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After notices had been served, the respondent Nos. 7 & 8 are represented by Sri K. Vijaya Raju, learned counsel. The learned Government Pleader for Roads and Building appearing for the respondent Nos. 1 & 4 to 6, on instructions, submits that there is a dispute between the petitioners on the one hand and respondent Nos. 7 & 8 on the other hand as to the location of their lands and as to the question of whether the 7^th & 8^th respondents are encroaching in the road margin.

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After some submissions had been made, all the counsels have agreed that the entire issue can be resolved once

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a proper survey is conducted and the respective plots of land can be identified.

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In the circumstances, this writ petition is disposed of with the following directions:

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The 6^th respondent, with the assistance of the Revenue department, shall conduct a survey to demarcate the road margins of the Karempudi – Vinukonda Road passing through Sy.No.584/1. This survey shall be conducted in the presence of the petitioners or their representatives and in the presence of the respondent Nos. 7 & 8 or their representatives.

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For the purpose of enabling these persons to be present at the time of the survey, notices shall be given to the petitioners and respondent Nos. 7 & 8.

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After the survey is conducted, if it is found, that the respondent Nos. 7 & 8 have encroached into the road margin, it would be open to the respondent Nos. 4 to 6 to take appropriate action in accordance of law. This survey shall be conducted within a period of eight weeks from the date of receipt of this order.

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There shall be no order as to costs.

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Miscellaneous petitions, pending if any, in this Writ

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Petition shall stand closed.

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___________________________________ JUSTICE R.RAGHUNANDAN RAO

Date : 21-04-2022

BSM

THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO

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WRIT PETITION No.5587 of 2022

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Date : 21-04-2022

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BSM

Chandolu Venkata Srinivasarao v. The State of Andhra Pradesh

Case brief

What is this about?

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Chandolu Venkata Srinivasarao v. The State of Andhra Pradesh

Case brief

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