Andhra Pradesh High Court - Amravati
K V Chowdary vs The State Of Andhra Pradesh on 26 November, 2025
Author: D Ramesh
Bench: D Ramesh
APHC010638772025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3208]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 32991/2025
Between:
1. K V CHOWDARY, S/O SUBBA RAO, AGED 62 YEARS, R/O D.NO. 4-
62-2, LAWSON'S BAY COLONY, VISAKHAPATNAM - 530017.
2. KOLLA VENKATESWARLU, , S/O K.VENKATAIAH, AGED 58 YEARS,
D.NO. 24-11-1501, MILITARY COLONY, DURGAMITTA, NELLORE.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE COMMISSIONER/ DIRECTOR OF SURVEY, , SETTLEMENTS
AND LAND RECORDS, 4TH FLOOR, APIC TOWERS,
MANGALAGIRI, GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR, COLLECTORATE, VISAKHAPATNAM
DISTRICT, ANDHRA PRADESH.
4. THE REGIONAL DEPUTY DIRECTOR OF SURVEY, SETTLEMENTS
AND LAND RECORDS, COLLECTOR OFFICE CAMPUS,
VISAKHAPATNAM.
5. THE ASSISTANT DIRECTOR OF SURVEY, LANDS AND RECORDS,
VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.
6. THE TAHSILDAR, VISAKHAPATNAM (RURAL) MANDAL,
VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.
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HDR,J
W.P.No.32991 of 2025
7. THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT
AUTHORITY, (VMRDA), VISAKHAPATNAM, VISAKHAPATNAM,
DISTRICT REP BY ITS METROPOLITAN COMMISSIONER.
...RESPONDENT(S):
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 an appropriate Writ, Order or Direction, more
particularly a Writ of Mandamus, declaring the purported survey said to have
been conducted by the Assistant Director, Survey and Land Records,
Visakhapatnam District, in respect of land situated in Sy.No. 155/3,
Paradesipalem Village, Visakhapatnam (Rural) Mandal, as illegal, arbitrary,
without jurisdiction and vitiated by violation of the express directions of this
Hon'ble Court dated 18.04.2024 in WP No. 11294 of 2022, WP No. 13918 of
2022 WP No. 21756 of 2022 as well as the mandatory provisions of the A.P.
Survey and Boundaries Act, 1923 and consequently direct the respondents to
take up and dispose of the appeal/representation dated 27.06.2025 filed by
the petitioner under Section 11 of the A.P. Survey and Boundaries Act, 1923
and further direct the Deputy Director, Survey and Settlements Department,
Visakhapatnam, being the competent authority designated by this Honble
Court, to conduct a fresh, proper, comprehensive and lawful survey of the
land in Sy.No.155/3 by strictly following the procedure prescribed under the
A.P. Survey and Boundaries Act, 1923, with due reference to the relevant
revenue records including the Settlement Fair Adangals, Mutation
proceedings, Pattadar passbooks and all other relevant documents, after
issuing mandatory notices, considering objections and conducting physical
ground inspection and to pass
Counsel for the Petitioner(S):
1. MEGHANA DULLA
Counsel for the Respondent(S):
1. GP FOR REVENUE
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HDR,J
W.P.No.32991 of 2025
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO: 32991 of 2025
ORDER:
The present writ petition is filed declaring the purported survey said to have been conducted by the Assistant Director, Survey & Land Records, Visakhapatnam District in respect of the land situated in Sy.No.155/3, Paradesipalem Village, Visakhaptanam (Rural) Mandal as illegal and arbitrary and without jurisdiction and violation of the directions issued by this Hon'ble Court vide common order dated 18.04.2024 in W.P.Nos.11294, 13918 and 21756 of 2022.
2. In fact, vide common order dated 18.04.2024, this Court has considered all the writ petitions and categorically directed the VUDA (now VMRDA), i.e., the 7th respondent herein, to resolve the issue by conducting a survey of all lands in Sy.No.155/3 with the assistance of the Deputy Director of Surveys, Visakhapatnam. But surprisingly, contrary to the said directions, the respondent authorities have conducted survey without following procedure contemplated under the Act and Rules. In the said circumstances, aggrieved by the said action, the petitioners preferred an appeal under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923, but the same has not been considered by the competent authority. Hence, the present writ petition is filed.
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HDR,J W.P.No.32991 of 2025
3. Though the learned counsel for the petitioners has brought to the notice of this Court that they have also filed objections as well as the appeal, and that W.P.Nos.11294, 13918 and 21756 of 2022 are pending before this Court, still the petitioners have an effective statutory remedy. They have also preferred an appeal before the appropriate authority, but the same has not been considered.
4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for respondents.
5. Considering the said submissions, this Court is inclined to dispose of the writ petition at the admission stage, without going into merits of this case, directing the 4th respondent to consider the appeal filed by the petitioners under Section 11 of the Act and take appropriate action based on the representation submitted by the petitioners dated 27.06.2025 as expeditiously as possible.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
__________________________ JUSTICE D. RAMESH 26.11.2025 PGT