Andhra Pradesh High Court - Amravati
Ambati Nageswara Rao vs The State Of Andhra Pradesh on 16 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ie TUESDAY, THE SIXTEENTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 4892 OF 2020 Between: 1. Ambati Nageswara Rao, S/o Ramaiah. 2. Ambati Sujatha, W/o Nageswara Rao. .. Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Amaravati at Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Tahsildar, Rapur Mandal, SPSR Nellore District. 4. The District Surveyor, Nellore, SPSR Nellore District. 5. The Station House Officer, Rapur Police Station, SPSR Nellore District. 6. T. Lakshmaiah, S/o venkataswami aged about 40 years R/o Pangili Village, Rapur Mandal, SPSR Nellore District 7, O.Peddababaiah, S/o Balaiah aged about 53 years Rio Pangili Village, Rapur Mandal, SPSR Nellore District 8. D. Ankaiah, S/o Penchabiah aged about 33 years R/o Pangili Village Rapur Mandal, SPSR Nellore District 9. D. Ravanaiah, S/o Penchalaiah aged about 45 years R/o Pangili Village, Rapur Mandal, SPSR Nellore District ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 3 and 5 in discharging their official duties as contemplated under Sections 9 and 10 of the A.P. Survey and Boundaries Act and in making sub-division and effecting measurement of the land admeasuring Ac.3.82 cents in Survey No. 171/2 and Ac. 7.00 in Survey No. 171/1 of Pangili village Rapur Mandal SPSR Nellore District in spite of representations and payment of fee by challan to effect measurement and sub-division as illegal, arbitrary and unjust and in violation of Articles 14,19, and 21 of the Constitution of India and consequently direct the to respondents to conduct the survey and measurement of the above said lands. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 3 and 5 to consider the representation of the petitioners dated 09.09.2019 and provide necessary aid to the petitioners for getting their lands of Ac. 3.82 cents in Survey No. 171/2 and Ac. 7.00 in Survey No. 171/1 situated at Pangili Village, Raour Mandal, surveyed, measured and sub-division by the Surveyor, pending disposal of WP No.4892 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri M Ravindra, Advocate for the Petitioners, GP for Revenue for the Respondent No.1 to 4 and of GP for Home for Respondent No.5, the Court made the following. ORDER
"The grievance of the petitioners in the present writ petition is that respondent Nos.3 and 5 are not carrying out their official duties as contemplated under Section 9 and 10 of the Andhra Pradesh Survey and Boundaries Act in conducting the survey of the subject matter property.
Learned counsel submits that despite an order of this Court dated 20.11.2019 in W.P.No.14108 of 2019, the respondents have not taken up the survey and the result of the same, the petitioners are subjected to serious prejudice.
Learned Assistant Government Pleader for Revenue submits that pursuant to the orders of the Hon'ble Court the steps were taken. But however as the petitioners were not available, an endorsement was issued. He seeks time to produce the same before this Court.
List the matter on 22.02.2021.
In the meanwhile, learned Assistant Government Pleader is directed to serve a copy of the endorsement to the other side and file it before the Court."
Sd/-E.KameswaraRao 1 ASSISTANT REGISTRAR IITRUE COPYI/ Pz (ERY For; SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, AP. Secretariat, Amaravati at Velagapudi, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Tahsildar, Rapur Mandal, SPSR Nellore District. The District Surveyor, Nellore, SPSR Nellore District. The Station House Officer, Rapur Police Station, SPSR Nellore District. T. Lakshmaiah, S/o venkataswami aged about 40 years R/o Pangili Village, Rapur Mandal, SPSR Nellore District
7. O.Peddababaiah, S/o Balaiah aged about 53 years Rio Pangili Village, Rapur Mandal, SPSR Nellore District
8. D. Ankaiah, S/o Penchabiah aged about 33 years R/o Pangili Village Rapur Mandal, SPSR Nellore District
9. D. Ravanaiah, S/o Penchalaiah aged about 45 years R/o Pangili Village, Rapur Mandal, SPSR Nellore District (1 to 9 by RPAD)
10.One CC to Sri M Ravindra, Advocate [OPUC]
11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
12. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
13.One spare copy SP Pak oN HIGH COURT NJSJ DATED: 16/02/2021 LIST THE MATTER ON 22.02.2021 ORDER WP.No.4892 of 2020 DIRECTION 20 FEB 202!