Writ Petition No. 26236 of 2022 · Andhra Pradesh High Court
Case at a glance
Provisions considered
Judgment
This Writ Petition is filed under Article 226 of Constitution of India, seeking to direct Respondent Nos.2 to 4 not to conduct survey and demarcate the boundaries without considering the objection/claim of the petitioners to an extent of Ac.0.50 cents Sy.No.25/1A/2C of Kolalapudi Village, Martur Mandal, Prakasam District. The case of the petitioners is that the petitioners are the absolute possessors of the land to an extent of Ac.0.50 cents in Sy.No.25/1A/2C of Kolapudi Village, Martur Mandal, Prakasam District and they have acquired the said extent of land by way of possessory sale agreement dated 02.05.2022 from one Kunchapu venkateswarlu. Thereafter, said Kunchepu Venkateswarlu has executed 2 the possessory sale agreement dated 02.05.2003 in favour of their father Kandimalla Koteswar Rao. After the death of their father, being the sole legal heirs the petitioners are enjoying absolute possession over the above said land. Now, the respondents are trying to dispossess the petitioners from the subject land. Aggrieved by the same, the present Writ Petition is filed. Learned Government Pleader on instructions has submitted that the petitioners are the absolute purchasers of the DKT land which is contrary to Act 7 of 1977. Considering the submissions of learned counsel for the petitioners and the learned Government Pleader, it is an admitted fact that the respondents have not initiated any action under the provisions of Andhra Pradesh Survey and Boundaries Act,1923 and they are interfering with the possession of the petitioners over the subject property. 3 In view of the same, the respondents are directed not to conduct survey and demarcate the boundaries without considering the objection/claim of the petitioners for the land in an extent of Ac.0.50 cents in Sy.No.25/1A/2C of Kolapudi Village, Martur Mandal, Prakasam District.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. _____________________ JUSTICE D.RAMESH Date: 29.08.2022 4 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.26236 of 2022 Dated: 29.08.2022
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Andhra Pradesh Survey and Boundaries Act, 1923.
Which court decided this case, and when?
Andhra Pradesh High Court, on 29 Aug 2022. The bench was D RAMESH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.