IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE . PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12201 OF 2025 . Between: Dunaka Edukondalu, S/o. Rama Krishna, Aged 44 years, R/o. 10-118, Mylavaram Village and Mandal NTR District-521239. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Panchayat Raj and Rural Development, A.P. Secretariat, Velagapudi, Guntur District, A.P. The Commissioner, Panchayat Raj and Rural Development, Vijayawada. The District Collector, NTR District, Vijayawada. ^ The Ambapuram Gram Panchayat, Ambapuram Village, Vijayawada Rural Mandal NTR District. Rep. by its Executive Officer cum Panchayat Secretary. The Tahsildar, Vijayawada Rural Mandal. The Village Reyenue Officer, Amabapuram Village, Vijayawada Rural Mandal. 2. 3. 4. 5. 6. ...Respondents 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 to issue a Writ or order or direction more particularly one in the nature Writ of Mandamus declaring the action of the RespondentNo.4 in impugned proceedings Ambapuram/2025 dated 25.04.2025 and trying to interfere with the peaceful possession in the Petitioner's property admeasuring 370 Sq.yards in R.S.No.97/1 of Ambapuram Village, Vijayawada Rural Mandal, NTR ROC. No. 06/Encroachment/ issuing in w District without conducting proper survey and following due procedure as yfegal, arbitrary, high-handed and violative of principles of natural justice and violative of Articles 14, 21 and 300A Constitution of India and to consequently set aside the impugned proceedings ROC.No.06/Eancroachment/Ambapuram/2025 dated 25.04.2025 forthwith direct the Respondents to not to interfere with peaceful possession of Petitioner's property admeasuring 370 Sq.yards in R.S.No.97/1 of Ambapuram Village, Vijayawada^ Rural Mandal, NTR District without following due process of law. / - . in lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned ROC.No:06/Encroachment/Ambapuram/2025 dated 25.04.2025 forthwith direct the Respondents to not to interfere with peaceful possession of Petitioners Property or demolish the property admeasuring 370 Sq.yards in R.S.No.97/1 of Ambapuram Village, Vijayawada Rural Mandal, NTR District without following due process of law, pending disposal of the above proceedings in / writ petition. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondents: SRI Y K RAO, SC FOR GRAM PANCHAYATH The Court made the following order: 1 APHC010233952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] L* ■ WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12201/2025 Between: 1.DUNAKA EDUKONDALU, S/0. RAMA KRISHNA, AGED 44 YEARS, R/0. 10-118, MYLAVARAM VILLAGE AND MANDAL NTR DISTRICT- 521239. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, VIJAYAWADA. 3.THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA 4.THE AMBAPURAM GRAM PANCHAYAT, AMBAPURAM VILLAGE, VIJAYAWADA RURAL MANDAL NTR DISTRICT. REP. BY ITS EXECUTIVE OFFICER CUM PANCHAYAT SECRETARY. 5.THE TAHSILDAR, VIJAYAWADA RURAL MANDAL. 6.THE VILLAGE REVENUE OFFICER, AMABAPURAM VILLAGE, VIJAYAWADA RURAL MANDAL. ...RESPONDENT(S): Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 2 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. Shaik Shahedaz, learned Counsel appearing on behalf of Sri G. Arun Shown, learned Counsel for the Writ Petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y Koteswara Rao, learned Standing Counsel for the Respondent No.4. 2. Learned Counsel for the Writ Petitioner would submit that the impugned Order dated 25.04.2025 (Ex.P.1) has been passed behind the back of the Writ Petitioner. Learned Counsel would also submit that prior to the passing of the impugned Order, survey of land in R.S.No.97/2 was undertaken by the Official Respondents, behind the back of the Writ Petitioner, which also offends the principles of Natural Justice. Learned Counsel would submit that on 23.11.2024, a Notice was issued by the Village Surveyor, Vijayawada Rural Mandal (Ex.P.5) stating that the survey would be conducted on 29.11.2024. For the reasons best known to the Official Respondents, the survey was not conducted on the scheduled date i.e., 29.11.2024. Once again, another Notice was issued by the Village Surveyor on 09.12.2024 indicating that the survey would be conducted on 13.12.2024. For the reasons best known to the Official Respondents, the survey was not conducted on the scheduled date. 3. On 17.12.2024, the Village Surveyor has once again issued a Notice (at page 59 of the paper book) indicating that the survey would be conducted on 26.12.2024. This Notice does not bear the name of the Writ Petitioner. However, it is the submission of the learned Counsel for the Writ Petitioner that while the survey was scheduled to take place on 26.12.2024, the Writ Petitioner has received this Notice on the next date i.e., on 27.12.2024. The Writ Petitioner has immediately submitted an Explanation on 28.12.2024 (Ex.P.6), clearly stating that the Notice issued on 17.12.2024 to the effect that the survey would be conducted Petitioner on 27.12.2024. on 26.12.2024 was received by the Writ It is also stated in the Explanation that on the scheduled date i.e., 26.12.2024, the Official Respondents have the property of the Writ Petitioner illegally and took back of the Writ Petitioner, for which the Petitioner would entered into measurements behind the not agree. 4. The facts narrated hereinabove would indicate that the Notice issued by the Writ Petitioner by the Village Surveyor on 17.12.2024 was received beyond the date on which the survey was scheduled to take place i.e., the Petitioner has received the Notice only on 27.12.2024. The Writ Petitioner . would submit that he has undertaken the construction only in R.S.No.97/1 but not in 97/2. Since the survey was undertaken by the Official Respondents behind the back of the Writ Petitioner, the outcome of the survey, including the Survey Report, cannot be accepted by this Court. In order to balance the interest of all the parties, this Court deems it appropriate to set aside the Report prepared behind the back of the Writ Petitioner and also the impugned Proceeding dated 25.04.2025 (Ex.P.1), by directing the Official Respondents to conduct a fresh survey in the presence of the Writ Petitioner. 5. Since all the parties are before this Court, this Court deems it appropriate to fix the date and time for conduct of survey, for which, another separate Notice is not required to be issued to the Writ Petitioner. Therefore, the Writ Petitioner shall appear for the fresh survey to be conducted by the Village Surveyor at 10;30 A.M on 19.05.2025. The Tahsildar, Vijayawada Rural Mandal (Respondent No.5) is required to follow the statutory procedure under the Andhra Pradesh Survey and Boundaries Act, 1923, by issuing advance Notices to all the other interested parties including the neighbors, consider their submissions/objections and documents, if any, before issuing the final Report. Such final Report shall be prepared within two weeks after 4 ✓ the survey is conducted and furnish a copy of such Report to all the interested parties including the Writ Petitioner herein forthwith, impugned Order dated ROC.No.06/Encroachment/Ambapuram/2025 set-aside. 6. The 25.04.2025 bearing is accordingly (Ex. P.1) 7. Writ Petition is allowed with the above observations and directions, order as to costs. No 8. Interlocutory Applications, if any, stand closed in terms of this order. //TRUE COPY// To, SEC 1. The Principal Secretary, Department of Panchayat Raj and Rural Development, State of Andhra Pradesh, A.P. Secretariat, Velagapudi Guntur District, A.P. > a k . 2. The Commissioner, Panchayat Raj and Rural Development Vijayawada. 3. The District Collector, NTR District, Vijayawada 4. The Executive Officer cum Panchayat Secretary, Ambapuram Gram Panchayat, Ambapuram Village, Vijayawada Rural Mandal NTR District. 5. The Tahsildar, Vijayawada Rural Mandal. Y'llage Revenue Officer, Amabapuram Village, Vijayawada Rural Mandal. 7. One CC to Sri Arun Showri G, Advocate [OPUC] 8. One CC to Sri Y K Rao, Standing Counsel for Gram Panchayath.[OPUC] Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies N OFFICER RAM vna HIGH COURT DATED:07/05/2025 ORDER WP.No.12201 of 2025 I 0IMAV 2025 I Currant Sacuon . ALLOWING THE WP WITHOUT COSTS