IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7040 OF 2025 Between: Mannepalli Rajeswari, W/o. Penchala Narasaiah, Aged about 33 years, Occ: Cultivation, R/o. Marlapudi Village and Post, Sydapuram Mandal, SPSR Nellore District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Sri Potti Sri Ramulu Nellore District, Nellore. The Revenue Divisional Officer, Nellore Revenue Division, Sri Potti Sri Ramulu Nellore District. The Thasildar, Sydapuram Mandal, Sri Potti Sri Ramulu Nellore District. The Village Surveyor, Kommipadu Grama Secretariat, Sydapuram Mandal, SPSR Nellore District. Potiuru Krishnaiah, S/o. Venkata Ramaiah, Aged about 65 years, Occ: Cultivation, R/o. Peramrajupalli Village, Marlapudi Post, Sydapuram Mandal, SPSR Nellore District. 1. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set aside the notice dated 13.03.2025 of the 5**^ Respondent issued on behalf of the 4*^ respondent office, subsequently to direct the Respondents 4 and 5 not to interfere into the land of the Petitioner in Survey No. 53 - 2 an extent of Ac. 0.60 cents and Survey No. 53 - 3 an extent of Ac. 1.07 cents totally an extent of Ac. 1.67 cents of land situated at Edulavari Khandrika, Sydapuram Mandal, SPSR Nellore District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the notice dated 13.03.2025 of the 5^*^ Respondent issued behalf of the 4**^ respondent office pending disposal of the writ petition. Counsel for the Petitioner: SRI K. RAMA KOTESWARA RAO Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER 4 APHC010139072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7040/2025 Between: Mannepalli Rajeswari ...PETITIONER AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: »• HONOURABLE SRI JUSTICE VENKATESWARLU NINIMAGADDA WRIT PETITION N0:7040/2025 THE ORDER: India This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief; ‘to issue the Writ, Order or hirection more particularly one in the to set aside the notice dated 13.03.2025 behalf of the 4^^ respondent office nature of Writ of Mandamus of the 5"’ Respondent issued on direct the Respondent Nos. 4 and 5 not to interfere subsequently to into the land of the Petitioner in Survey No.53-2 an extent of Ac.0.60 extent of Ac. 1.07 cents totally an extent cents and Survey No 53-3 an of Ac. 1.67 cents Mandat, SPSR Nellore District and pass of land situated at Edulavari Khandrika, Sydapuram such other order or orders counsel for the petitioner and learned Government Heard learned Pleader for Revenue for the respondents. 2. counsel for the petitioner submits that the petitioner herein is of the lands admeasuring to an extent of 3. Learned the absolute owner and possessor Ac.0.60 cents in Survey No.53-2 and Ac.1.07 cents in Sy.No 53-3, totalling to situated at Edulavari Khandrika, Sydapuram having acquired the same through an Sri B.Ravi extent of Ac. 1.67 cents an Mandal, SPSR Nellore District of sale from the original pattadar and possessor i.e. the original pattadars of the agreement Kumar Reddy and G.Lakshmi Prasanna, who are said agreement, the petitioner was in peaceful subject land. Pursuant to the and enjoyment of the subject property. Thereafter, the possession i respondents conducted survey on 16.05.2023 in respect of the subject property and submitted a report. As per the survey report, the petitioner is in enjoyment of the subject property but on 13.03.2025, contrary to the survey report the respondents again issued notice to the petitioner by the village surveyor for conducting survey afresh, which is illegal and arbitrary and liable to be set aside. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 18.03.2025 issued by respondent No.4, wherein, it is stated that pursuant to the complaint made by respondent No.6, who is claiming title over the subject property, the village surveyor issued the present notice for conducting survey afresh. He further submits that since it is only a notice, the petitioner can submit her objections as well as survey report which was already conducted as contended by the petitioner before the village surveyor. After considering the same, respondent No.4 will pass appropriate orders, in accordance with law. 4. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the material placed on record, this Court is of the considered view that the present writ petition is disposed of, directing the petitioner to submit the survey report which was already conducted on 16.05.2023 by the competent authority and also other documents on which basis the petitioner is claiming rights over the subject property within a period of one week from the date of receipt of a of this order. On receipt of such report and documents, respondent No.4 5. copy is directed consider the same and pass appropriate orders, within a period of four (04) months, thereafter, after providing opportunity of hearing to the petitioner as well as other stake holders, if any. In the meanwhile, respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SE< OFFICER To, 1. The Principal Secretary, Department of Revenue, State of AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Sri Potti Sri Ramulu Nellore District, Nellore. 3. The Revenue Divisional Officer, Nellore Revenue Division, Sri Potti Sri Ramulu Nellore District. 4. The Thasildar, Sydapuram Mandai, Sri Potti Sri Ramulu Nellore District. ® Kommipadu Grama Secretariat, Sydapuram Mandai, SPSR Nellore District. 6. One CC to Sri K. Rama Koteswara Rao, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED:19/03/2025 ORDER WP.No.7040 of 2025 ANOSig g 21 MAR 2025 ^ . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS