Ramineni Durga Kumari Vs the State of Andhra Pradesh

RAMINENI DURGA KUMARI, W/O. SIVA NAGESWARA RAO, AGED 65 YEARS, HOUSEWIFE, R/O. D. NO. 1-11, CHOPPARAMETIA VILLAGE, AGIRIPALLE MANDAL, ELURU DISTRICT (ERSTWHILE KRISHNA DISTRICT)

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RAMINENI SIVA NAGESWARA RAO, S/O. BUCHAIAH, AGED 67 YEARS. CULTIVATION, R/O. D. NO. 1-11, CHOPPARAMETIA VILLAGE, AGIRIPALLE MANDAL, ELURU DISTRICT (ERSTWHILE KRISHNA DISTRICT)

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

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THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU

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THE REVENUE DIVISIONAL OFFICER, NUZVID REVENUE DIVISION, ELURU DISTRICT

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THE DEPUTY INSPECTOR OF SURVEY, SUB-COLLECTORS OFFICE, ELURU DISTRICT

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THE TAHSILDAR, AGIRIPALLE MANDAL ELURU DISTRICT

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THE MANDAL SURVEYOR, AGIRIPALLE MANDAL, ELURU DISTRICT

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THE VILLAGE SURVEYOR, CHOPPARAMETIA VILLAGE, AGIRIPALLE MANDAL, ELURU DISTRICT

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THE PANCHAYAT SECRETARY, CHOPPARAMETIA VILLAGE, AGIRIPALLE MANDAL, ELURU DISTRICT

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...RESPONDENT(S):

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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 mostly one which is in the nature of a Writ of Mandamus declaring the action of Respondents 4 to 8 in conducting surveys on 20-1-2025, 3-22025 and 1-4-2025 in pursuance to two Notices, dt.3-2-2025 and dt.1.4.2025 and their Endorsements in R.S.No.162/6 of Chopparametia Village, Agiripalle Mandal, Eluru District without following due procedure and altering the Pattadar Pass Books without issuing any Notice or enquiring into the same as improper, illegal, irregular, arbitrary, malafide, unconstitutional and unjustified and contrary to the procedure under A.P. Survey and Boundaries Act, 1923, A.P. Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the Respondents to conduct fresh survey by following the due process of law by following the Village Sketch and FMB, fix boundaries and pass

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IA NO: 1 OF 2025

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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 Pleased to consider the Representation dt.30-6-2025 filed along with PGRS Complaint vide Grievance No.ELR202506307491, dt.30-6-2025 to the 2nd Respondent, respectively with respect to the R.S.No.162/6 of Chopparametia Village, Agiripalle Mandal, Eluru District and pass.

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Counsel for the Petitioner(S):

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1.VARREY VENTAKATA NAGAVISHNU TEJA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER:

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The present Writ Petition is filed, under Article 226 of the

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Constitution of India, seeking the following relief:

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“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of Respondents 4 to 8 in conducting surveys on 20-1-2025, 3-2-2025 and 1-4-2025 in pursuance to two Notices, dt.3-2-2025 and dt.1.4.2025 and their Endorsements in R.S.No.162/6 of Chopparametia Village, Agiripalle Mandal, Eluru District without following due procedure and altering the Pattadar Pass Books without issuing any Notice or enquiring into the same as improper, illegal, irregular, arbitrary, malafide, unconstitutional and unjustified and contrary to the procedure under A.P. Survey and Boundaries Act, 1923, A.P. Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the Respondents to conduct fresh survey by following the due process of law by following the Village Sketch and FMB, fix boundaries and pass….”

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Heard Mrs. V.V.N.V.Teja, learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents.

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Learned counsel for the petitioners submitted that initially the respondents have conducted survey and two cents of land has been reduced and again basing on the complaint made by the petitioners, the second survey has been conducted by the Deputy Surveyor and again the extent was increased to Ac.2.31cents. In the said circumstances, left with no option, the petitioners have made a representation to conduct survey and demarcate the land as per Board Standing Orders 34.

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Learned Assistant Government Pleader appearing on behalf of the respondents submitted that the Court may pass appropriate orders.

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Considering the submissions and on perusal of the record, without going into the merits of the case, the respondent authorities are directed to consider the representation made by the petitioners and take appropriate action as per the Board Standing Orders.

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