Gajula Venkata Ramana vs The State Of Andhra Pradesh,
2021 Latest Caselaw 646 AP

Citation : 2021 Latest Caselaw 646 AP
Judgement Date : 5 February, 2021

Andhra Pradesh High Court - Amravati

Gajula Venkata Ramana vs The State Of Andhra Pradesh, on 5 February, 2021

Bench: Ninala Jayasurya

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(SHOW CAUSE NOTICE BEFORE ADMISSION) see

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

 

FRIDAY, THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 2802 OF 2021
Between: .
*Gajula Venkata Ramana, S/o. Bulli Basaviah, aged about 48 years, R/o. Nagayalanka
Village and Mandal, Krishna District.
Petitioner
AND
1. The State of Andhra Pradesh, Through the Principal Secretary, Department of
A.P.Survey and Land Records Secretariat, Velagapudi, Amaravathi, Guntur
District.
The District Collector, Krishna District, Chilakalapudi, Machilipatnam, Krishna.
The Tahsildar, Nagayalanka Mandal, Krishna District-521120.
The Mandal Surveyor, Nagayalanka Mandal, Krishna District-521120.
Koduru Nancharamma, W/o.Koteswar Rao, aged about 52 years, R/o.
Nagayalanka Village and Mandal, Krishna District-521120.
Koduru Samba Siva Rao, S/o.Koteswar Rao, aged about 29 years, R/o.
Nagayalanka Village and Mandal, Krishna District-521120.

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Respondents

WHEREAS the Petitioner above named through his Advocate SRI SAI GANGADHAR CHAMARTY presented this 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 Avanigadda, 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

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri SAl GANGADHAR CHAMARTY Advocate for the Petitioner, directed issue of notice to the Respondent Nos.4 to 6 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. The Mandal Surveyor, Nagayalanka Mandal, Krishna District-521120.

2. Koduru Nancharamma, W/o.Koteswar Rao, aged about 52 years, R/o.

Nagayalanka Village and Mandal, Krishna District-521120.

3. Koduru Samba Siva Rao, S/o.Koteswar Rao, aged about 29 years, R/o.

Nagayalanka Village and Mandal, Krishna District-521120.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 15-02-2021, on which date the case stands posted for hearing .

The Court made the following:

~ ORDER: :

"It is represented by learned counsel for the petitioner that in a recent judgment dated 10.2.2020 in Writ Petition No.39279 of 2017, a learned Single Judge held that entertaining of application for survey and fixation of boundaries, when a civil suit is pending for consideration before appropriate civil court, is not permissible. Learned Assistant Government Pleader for Revenue seeks time to secure instructions in the matter.

Learned counsel for the petitioner to upload a copy of the order in Writ Petition No.39279 of 2017.

As it is stated by learned counsel for the petitioner that already a notice for conducting of survey is issued, no further action pursuant to the said notice shall be taken for a period of three weeks.

Notice to respondent Nos.4 to 6.

Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.4 to 6 and file proof of service within a period of one week.

List the matter on 15.2.2021".

SD/-E.KAMESWARA RAO ASSISTANT REGISTRAR ITTRUE COPY// For ASSISTANT REGISTRAR To,

1. The Mandal Surveyor, Nagayalanka Mandal, Krishna District-521120.

2. Koduru Nancharamma, W/o.Koteswar Rao, aged about 52 years, R/o. Nagayalanka Village and Mandal, Krishna District-521120.

3. Koduru Samba Siva Rao, S/o.Koteswar Rao, aged about 29 years, R/o.

Nagayalanka Village and Mandal, Krishna District-521120. (Addresses 1 to 3 by

RPAD- along with a copy of petition and memorandum of grounds)

One CC to SRI SAl GANGADHAR CHAMARTY Advocate [OPUC]

One CC to GP FOR REVENUE, High Court of AP, Amaravathi [OUT]

One spare copy

Ook

/ HIGH COURT