Petitioner sought to restrain revenue authorities from surveying disputed land during pendency of a civil suit over its boundaries. Authorities stated on instructions that no survey was conducted in view of the pending suit; the writ petition was closed as nothing survived for adjudication.
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IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2802 OF 2021
Between:
Gajula Venkata Ramana, S/o.Bulli Basaviah, aged about48 years R/o.Nagayalanka Village and Mandal. Krishna District.
...PETITIONER
AND
...RESPONDENTS
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 to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents No. 1 to 4 in trying to conduct survey and fix the disputed boundaries in respect of the land of an extent of 48.4 Sq. yards in R.S.112/3 in Nagayalanka Village and Mandal, Krishna District on the
application of the respondents No. 5 and 6 pending adjudication of Civil Dispute in O.S.No.39/2020 on the file of the Court of the Principal Junior . Civil Judge at Avinigadda, Krishna District filed by the Petitioner herein against the Respondent No. 5 and 6 and Others as arbitrary, illegal and violative of provisions of A.P. Survey and Boundaries Act, 1923 and consequently direct the respondents not to interfere with the property in dispute in O S.No.39/2020.
lA NO: 1 OF 2091
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to grant to stay of Survey of the land of an extent of 48.4 Sq. yards in R.S.No.112/3 of Nagayalanka Village, Krishna District on the application of the Respondents No.5 & 6 till the disposal of the Civil Suit between the parties pending disposal of the above writ petition. lA NO: 2 OF 2021 Between:
Krishna.
R/o.Nagayalanka Village and Mandal. Krishna District.
R/o. Nagayalanka Village and Mandal, Krishna District-521120.
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt: 05-02-2021 in WP.No.2802/2021 and dismiss the writ petition.
Counsel for the Petitioner: SRI. SAI GANGADHAR CHAMARTY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 6: SRI MARRI VENKATA RAMANA, ADVOCATE
The Court made the following: ORDER
I I
APHC010040512021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3332]
(Special Original Jurisdiction)
TUESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 2802/2021
Between:
Gajula Venkata Ramana
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
TSAI GANGADHAR CHAMARTY
Counsel for the Respondent(S):
1.MARRI VENKATA RAMANA
I
2.GP FOR REVENUE
The Court made the following:
The short grievance of the petitioner is that the respondent Nos.1 to 4 are trying to conduct survey and fix the disputed boundaries in respect of the land to an extent of 48.4 Sq.yards in R.S.No.112/3 in Nagayalanka Village and Mandal, Krishna District on the application of the respondent Nos.5&6.
2
\ \
- A perusal of the record would indicate that the authorities have not conducted any survey in view of pendency ofsuitbefore the competent civil court, nothing remains for adjudication in the writ petition on merits and the writ petition is liable to be closed.
- Recording the same, the writ petition is closed. There shall be no order as to costs.
Consequently, Miscellaneous applications, if any, pending in the writ petition shall stand closed.
Sd/- U. SRIDEVI
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
[OUT]
PRK
V HIGH COURT V
t
DATED:30/07/2024
ORDER
WP.No.2802 of 2021
CLOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether authorities could conduct survey and fix disputed boundaries while O.S.No.39/2020 was pending before the civil court.
3 provisions across 3 enactments
Gajula Venkata Ramana
The State of Andhra Pradesh, Through the Principal Secretary, Department of A.P. Survey and Land Records
The District Collector, Krishna District
The Tahsildar, Nagayalanka Mandal
The Mandal Surveyor, Nagayalanka Mandal
Koduru Nancharamma
Ravi Cheemalapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
