APHC010182662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9315/2025 Between: Kakarla Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A S C BOSE Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 8 and 9 herein in trying to seize my borewell in Sy.No.1325/2 of Damalacheruvu Village which is in my possession and enjoyment by evicting me from using the said borewell without conducting any enquiry as illegal arbitrary violative of principles of natural justice and contrary to Article 14 19, 21 and 300A of Constitution of India and also against the Section 10 of the Andhra Pradesh Survey and Boundaries Act 1923 and consequently direct the Respondent Nos. 8 and 9 herein not to interfere with my peaceful possession and enjoyment over my borewell in Sy.No.1325/2 of Damalacheruvu Village and pass such other order or orders...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land in Sy. No.1325/2 of Damalacheruvu village and has been cultivating the said land for a long time. The petitioner also dug a borewell in the subject property. He further submits that the borewell is located near the border of Pakala Mandal in Tirupati District and Irala Mandal in Chittoor District, where Sy. No.1325/2 of Damalacheruvu village and Sy. No.932 of Gandlapalli village are adjacent to each other, though situated in different districts. In view of this, some villagers of Gandlapalli claimed through a representation that the subject borewell was situated within Sy. No.932. In response to this claim, the petitioner submitted a representation to the 4th respondent on 28.08.2014. After conducting a detailed enquiry, the 4th respondent issued an endorsement dated 09.12.2014, confirming that the borewell is located within the land of the petitioner in Sy. No.1325/2 of Damalacheruvu village. Despite the competent authority (4th respondent) confirmed the location of the borewell in favour of the petitioner, the villagers of Gandlapalli continue to agitate, claiming that the borewell is situated in Sy. No.932 of Gandlapalli village and are attempting to seize the borewell. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions on 08.04.2025 wherein it is stated that:- “The land in Sy.No.1325/2 with a total extent of Ac.1.20 cents is classified as G.W patta wet as per A register of Damalacheruvu village of Pakala mandal and issued passbook to the petitioner for an extent of Ac.0.8250 cents in Sy.No.1325/2A vide khata number 1388 as per webland. It is further submitted that the subject land comes under the district border limits i.e., adjacent to Sy.No.931 situated in Gundlapalli village of Irala mandal chittor district. Further it is also submits that another writ petition 9026 of 2025 has been filed by Sri K.Venkateswaraswami and one other against this respondent and present writ petition to not to interfere in their possession. However it is submitted that the joint inspection will be conducted by the Deputy inspector of survey of both divisions i.e chittoor district and tirupati boundaries will be fixed at earliest to clarify the border issue. Further it is to submit that this respondent i.e, respondent No.6 has not interfered in possession and enjoyment over the petiitioner’s borewell in any manner”. 5. He further submits that the 6th respondent is not interfering with the petitioner’s borewell, or with the petitioner’s possession and enjoyment of the subject property. However, the 8th respondent, who is the Tahsildar of Irala Mandal, is trying to interfere on the pretext that the subject land falls within Gundlapalli village, which is contrary to the certification issued by the 4th respondent. He further submits that the survey being conducted by the respondents is solely for the purpose of demarcating the district boundaries between Tirupati District and Chittoor District, and not for determining the title or ownership of the petitioner or any other parties. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and upon perusal of the material available on record, it is observed that the subject borewell is situated within Sy.No.1325/2 of Damalacheruvu village, as confirmed by the 4th respondent through his certification dated 09.12.2014. As contended by the learned Assistant Government Pleader, the respondent authorities are conducting the survey only for the purpose of fixing boundaries between the two districts, which arose due to the bifurcation of the erstwhile Chittoor District into Chittoor and Tirupati Districts. It is also asserted that the 6th respondent is not interfering with the petitioner’s peaceful possession and enjoyment of the subject borewell. However, the petitioner contends that the 8th respondent is interfering with the borewell, contrary to the certification issued by the 4th respondent. Being a public authority, the 8th respondent cannot act in contravention of a certification issued by the competent authority. Therefore, if the 8th respondent intends to take any further action, it must be strictly in accordance with the provisions of law. Accordingly, 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. ______________________________________ VENKATESWARLU NIMMAGADDA, J 09.04.2025 kkllkk 149 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9315 of 2025 09.04.2025 kkllkk