APHC010019382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1047/2025 Between:

Karumudi Chenchaiah and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

1. MADHAVA RAO NALLURI

1. GP FOR REVENUE

2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

The Court made the following:

ORDER

This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief:

“…to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4, in not disposing of the application No.DER012301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect of the land to an extent of Ac.1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District, as illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and consequently direct the Respondent No.4 to dispose of the application No.DER012301483413, dated 15.11.2023, made by the Petitioner No.2, seeking sub-division of the patta in respect of the land to an extent of Ac.1.40 cents situated in Sy.No.260/1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District…”

2. The case of the petitioners is that originally the petitioners’ mother was the owner of an extent of Acs.2.20 cents in Sy.No.260-1 of Mukthinuthalapadu Village, Ongole Mandal, Prakasam District and out of the total extent of Acs.2.20 cents, approximately an extent of 0.80 cents was acquired by the Irrigation Department after issuing notification by the Acquisition authority and thereafter compensation was also paid to the petitioners’ mother. The remaining land in an extent of Ac.1.40 cents remains with the petitioners. But however, under the guise of acquisition the respondents were interfering into the remaining extent of the land of the petitioners. As such the 1^st petitioner has submitted an application to the 4^th respondent vide application No.DER012301483413, dated 15.11.2023, requesting the sub-division of their land with a view to mutate their names in the revenue records after fixing the boundaries. As the said application is pending for consideration, the present writ petition is filed.

3. When the writ petition came up for admission, this Court was pleased to implead the Ongole Municipal Corporation represented by its Commissioner as the subject property falls within the said Municipal Corporation limits.

4. Today when the matter came up for hearing, learned counsel for the petitioners, has stated that the petitioners would take steps to file an online application even before the 5^th respondent herein for conducting a survey in the said land for demarcating the boundaries of their lands.

5. In view of the same, inspite of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition, by giving liberty to the petitioner to submit an application to the 5^th respondent herein seeking to conduct survey, within a period of two (02) weeks from the date of receipt of copy of this order. On receiving the same, the 5^th respondent shall see that the survey is conducted with the assistance of the Mandal Surveyor, within a period of four (04) weeks thereafter. No order as to costs.

Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.

___________________ JUSTICE V.SUJATHA Date : 24.01.2025 JLV