Reddivari Venkataramana Reddy Vs The State of Andhra Pradesh

REDDIVARI VENKATARAMANA REDDY, S/O THIMMA REDDY, AGED ABOUT 66 YEARS, OCC. RETIRED TEACHER, RESIDENT OF YERRADODDIPALLI H/O MAHAL VILLAGE, GUNDLURU VILLAGE, KALIKIRI MANDAL, ANNAMAYYA DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. AP - 522237

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THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. -516269

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THE REVENUE DIVISIONAL OFFICER, (PILER) MADANAPALLI, ANNAMAYYA DISTRICT. -517214

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THE TAHSILDAR, KALIKIRI MANDAL, ANNAMAYYA DISTRICT. AP517234

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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 topleased to issue a Writ, Order of Direction more particularly one in the nature of Writ of Mandamus holding the action of the 4th respondent in not conducting survey and fixing the boundaries for the property admeasuring an extent of Ac.4.82 cents under LP.No.129/130 in Sy.No.32, 33 and 36,

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situated in Mahal Rajupalli Village, K.V.Palli Mandal, Annamayya District in view of the application No.RSANMY202501041210, dated 04-01-2025 made by the petitioner and subsequent Endorsement RSPGRS/202501041210, dated 06-03-2025 made by the 4th respondent without conducting survey and fixing the boundaries and without serving survey report to the petitioner is illegal, arbitrary and unconstitutional and also violation of principles of natural justice and consequently direct the 4th respondent to conduct survey and fix the boundaries to the above mentioned property and pass

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IA NO: 1 OF 2026

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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 direct the 4th respondent to conduct survey and fix the boundaries to the property admeasuring an extent of Ac.4.82 cents under LP.No.129/130 in Sy.No.32, 33 and 36, situated in Mahal Rajupalli Village, K.V.Palli Mandal, Annamayya District in view of the application No.RSANMY202501041210, dated 04-01-2025 made by the petitioner, pending disposal of the above writ petition before the Honble Court and pass

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Counsel for the Petitioner:

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1.VUTUPALLI RAJANNA

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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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This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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<…to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, holding the action of the 4^th respondent in not conducting a survey and fixing the boundaries of the property admeasuring an extent of Ac.4.82 cents in LP No.129/130 in Sy.Nos.32, 33 and 36, situated at Mahal Rajupalli Village, K.V.Palli Mandal, Annamayya District, pursuant to Application No.RSANMY202501041210 dated 04.01.2025 submitted by the petitioner and the subsequent endorsement bearing No.RSPGRS/202501041210 dated 06.03.2025 issued by the 4^th respondent, without conducting a survey, fixing the boundaries, and without serving the survey report on the petitioner, as illegal, arbitrary, unconstitutional, and violative of the principles of natural justice, and consequently to direct the 4th respondent to conduct the survey, fix the boundaries of the above-mentioned property, and pass….=

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

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Learned counsel for the petitioner seeks a direction to the respondents to take a decision in terms of Section 10(1) of the Andhra Pradesh Survey and Boundaries Act, 1923, and to communicate the same to the petitioner in terms of Section 10(2) of the said Act, so as to enable the petitioner to file an appeal under Section 11 of the Act.

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Considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the writ petition can be disposed of by granting liberty to the petitioner to file an appeal under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923. Upon filing such appeal, the respondent authorities are directed to consider the same and pass appropriate orders, after providing an opportunity of hearing to the petitioner and after issuing notice to all interested parties. The said exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to create any third-party interests in respect of the subject property.

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