Karumudi Chenchaiah Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Karumudi Chenchaiah Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without deciding the legality of the non-disposal: liberty granted to the petitioner to submit an application to Respondent No.5 (Ongole Municipal Corporation) seeking survey within two (02) weeks of receipt of the order; upon receipt, the respondent shall conduct the survey with the assistance of the Mandal Surveyor within four (04) weeks thereafter; no order as to costs; miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the action of Respondent No.4 (Tahsildar, Ongole Mandal) in not disposing of Application No.DER012301483413 dated 15.11.2023, made by Petitioner No.2 seeking sub-division of the patta in respect of Ac.1.40 cents in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India. +1 more

Ratio / Principle

Instead of keeping the writ petition pending, the Court considered it appropriate to dispose of the writ petition by giving liberty to the petitioner to submit an application to Respondent No.5 (Ongole Municipal Corporation) seeking conduct of survey, within a period of two (02) weeks from the date of receipt of a copy of the order.

Key takeaways

On receiving the survey application, the respondent (Respondent No.5) shall see that the survey is conducted with the assistance of the Mandal Surveyor, within a period of four (04) weeks thereafter.ratio¶¶56
There shall be no order as to costs; i.e., the writ petition is disposed of without costs.ratio¶¶79
Miscellaneous applications pending, if any, in the Writ Petition shall also stand closed.ratio

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (V. Sujatha J., 24.01.2025), Writ Petition No.1047 of 2025 — Karumudi Chenchaiah and others v. State of Andhra Pradesh and others. Four brothers sought mandamus under Article 226 directing the Tahsildar, Ongole Mandal (R4) to dispose of Application No.DER012301483413 dt.15.11.2023 (prayer attributes it to Petitioner No.2) seeking sub-division of patta of Ac.1.40 cents in Sy.No.260/1, Mukthinuthalapadu Village, so as to mutate their names after boundary fixation; background: mother held Acs.2.20 cents, ~0.80 cents acquired by the Irrigation Department with compensation paid, leaving Ac.1.40 cents allegedly interfered with under the guise of acquisition; challenge framed as violation of Articles 14 and 300-A. Ongole Municipal Corporation was suo motu impleaded as R5 (order dt.10.01.2025) as the land lies within its limits. At hearing, counsel stated the petitioners would file an online application to R5 for a survey to demarcate boundaries. Disposing of the writ petition instead of keeping it pending, the Court granted liberty to submit the survey application to R5 within two (02) weeks, directed that the survey be conducted with the assistance of the Mandal Surveyor within four (04) weeks thereafter, ordered no costs, and closed miscellaneous applications. The Court did not adjudicate the legality of the non-disposal of the sub-division application.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 1047 OF 2025

Between:

Karumudi Chenchaiah, S/o.Venkata Rathnam, aged 68 years, R/o.D.No.3-50, Manduvavaripalem Village, Ongole Mandal,^Prakasam District.

Karumudi Prabhakar Rao, S/o.Venkata Rathnam, aged 66 years, R/o.D.No.3-50, Manduvavaripalem Village, Ongole Mandal, Prakasam District.

Karumudi Murali Krishna, S/o.Venkata Rathnam, aged 63 years, R/o.D.No.3-50, Manduvavaripalem Village, Ongole Mandal, Prakasam District.

Karumudi Anjaneyulu, S/o.Venkata Rathnam, aged 60 years, R/o.D.No.3-50, Manduvavaripalem Village, Ongole Mandal,^Prakasam District.

...PETITIONERS

AND

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District.

The District Collector, Prakasam District at Ongole.

The Revenue Divisional Officer, Ongole, Prakasam^District.

The Tahsildar, Ongole Mandal, Prakasam District.

Ongole Municipal Corporation, Represented by its^{Commissioner.} ( R5 is Suo-moto impleaded as per Court's Order dt. 10/01/2025)

...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 a writ order or orders more particularly^one in the nature of Writ of Mandamus declaring the action of the Respondent No.4, in not disposing of the application No.DER012301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect of the land to an extent of Ac. 1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, as illegal, arbitrary and violation of Article 14 and^{300-AoftheConstitutionof} India and consequently direct the Respondent No.4 to dispose of the application No.DER012301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect of the land to an extent of Ac.1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District. lA NO: 1 OF 2025 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 to direct the Respondent No.4 dispose of the application No! DER012301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect of the land to an extent of Ac.1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District pending disposal of the above writ petition.

Counsel for the Petitioners: SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

Counsel for the Respondent No.5: SRI A.S.C.BOSE, SC^FORMUNICIPAL

CORPORATION

The Court made the following: ORDER

1

APHC010019382025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

[3333]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 1047/2025

Between;

Karumudi Chenchaiah and Others

...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1.MADHAVA RAO NALLURI

Counsel for the Respondent(S):

1.GP FOR REVENUE

2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

The Court made the following:

2

ORDER:

This Writ Petition is filed by the petitioners, under^Article226 of the Constitution of India seeking Mandamus, for the following^relief;

“...to issue a writ order or orders more particularly^one in the nature of Writ of Mandamus declaring the action of the Respondent No. 4, in not disposing of the application N0.DEROI2301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect^{ofthelandtoan} extent of Ac.1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, as illegal, arbitrary and violation of Article 14 and^300-A of the Constitution of India and consequently direct the Respondent^{No. 4} to dispose of the application N0.DEROI2301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division^of the patta in respect of the land to an extent of Ac.1.40^cents situated In Sy. No. 260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District... ”

The case of the petitioners is that originally the petitioners’ mother was the owner of an extent of Acs.2.20 cents in Sy.No.260-1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District and out of^the total extent of Acs.2.20 cents, approximately an extent of 0.80 cents was acquired by the Irrigation Department after issuing notification by the Acquisition authority and thereafter compensation was also paid to the petitioners’ mother. The remaining land in an extent of Ac.1.40 cents remains^with the^petitioners. But however, under the guise of acquisition the respondents were interfering into the remaining extent of the land of the petitioners. As such the 1®‘ petitioner has submitted an application to the 4^*^ respondent vide application N0.DEROI 2301483413, dated 15.11.2023, requesting the^{sub-divisionoftheir} land with a view to mutate their names in the revenue records after fixing the

3

t

boundaries. As the said application is pending for consideration, the present writ petition is filed.

When the writ petition came up for admission, this Court was pleased to implead the Ongole Municipal Corporation represented by its Commissioner as the subject property falls within the said Municipal Corporation limits.

Today when the matter came up for hearing, learned^counsel for the petitioners, has stated that the petitioners would take steps to file an online application even before the 5^'^ respondent herein for conducting a survey in the said land for demarcating the boundaries of their^lands.

In view of the same, inspite of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition, by giving liberty to the petitioner to submit an application to the 5*'^ respondent herein seeking to conduct survey, within a period of two (02) weeks from the date of receipt of copy of this order. On receiving the same, the respondent^{shallseethatthe} survey is conducted with the assistance of the Mandal Surveyor, within a period of four (04) weeks thereafter. No order as to^costs.

Consequently miscellaneous applications pending, if any, in the Writ

Petition, shall also stand closed.

Sd/- K. TATA RAO DEPUTY REGISTRY

//TRUE COPY//

SECTION OFFICER

To,

The its Principal Secretary, Revenue Department,^{StateofAndhra} Pradesh, Secretariat Buildings, Velagapudi Village,^{TullurMandal,} Guntur District.

The District Collector, Prakasam District at Ongole.

The Revenue Divisional Officer, Ongole, Prakasam^District.

\ \ s.

X'

The Tahsildar, Ongole Mandal, Prakasam District.

The Commissioner, Ongole Municipal Corporation, Ongole,Prakasam District.

One CC to Sri Madhava Rao Nalluri, Advocate [OPUC]

One CC to Sri A.S.C. Bose, SC for Municipal Corporation[OPUC]

Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies.

ssb

HIGH COURT

DATED:24/01/2025

ORDER

WP.No.1047 of 2025

X 1 1 FEB 2025 s
^ Current Section
f

DISPOSING OF THE W.P. WITHOUT COSTS