APHC010305012025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) T’v ■tort O THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE 'k PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15362 OF 2025 Between: Sri Sydu Srinivasa Rao, S/o. Late Devalaraju, Male, aged about 58 years, R/oD.No.1-97, Kaikaluru Village and Mandal, Eluru District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, A.P. Secretariat Building, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Eluru District, Eluru. 3. The Joint Collector, Eluru District, Eluru. 4. The Tahsildhar, Eluru Rural Mandal, Chataparru Village and Post, Eluru District, Eluru. 5. The Mandal Surveyor, C/o.Tahsildars Office, Eluru Rural Mandal, Chataparru Village and Post, Eluru District, Eluru. 6. Sri. Sydu Venkata Sita Ramanjaneyulu, S/o. Venkateswara Rao, Male, aged 45 years, R/o.D.No.9-60, Gurukulapeta, Near Hanuman Temple, Madepalli Village, Jalipudi Post, Eluru Mandal, Eluru District. 7. Sri Sydu Devalaraju, S/o.Venkateswara Rao years, Panchayat, Eluru Mandal, Eluru District. Male, aged about 42 R/o.H.No.C6-2, Peda Yanagana Malli, Gudivada Lanka ...RESPONDENTS 4. 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 pass an order or issue writ under Article 226 of Constitution of India more particularly one in the nature of WRIT OF MANDAMUS or any other writ declaring in-action of respondents more particularly respondents 4 and 5 in not conducting the survey and demarcation of land admeasuringan extent of Ac.2-33 cents situated in RS.No.102/1, an extent of Ac.0-37 cents, situated in RS.No.107/3, an extent of Ac.1-85 cents, situated in RS.No.108/2 and an extent of Ac.0-50 cents, situated in RS.No.94/1 and 152/1 of Sriparru Village, Eluru Mandal, Eluru District, total admeasuring an extent of Ac.5-05 cents, inspite of filing online F-line application No.FSNV012500678262, dated 15.03.2025 and legal notice, dated 29.04.2025, requiring to measure the land of petitioner and respondents 6 and 7 and fix the boundaries and F-line basing on the documents of both the parties is illegal, arbitrary, unjust and against Sec. 10(1), 10(2) of Andhra Pradesh Survey and Boundaries Act, 1923 and law declared by the Hon ble Court, apart from violative of Articles 14 and 300-A of Constitution of India and consequently direct the respondents Nos.4 and 5 conduct survey and demarcation by fixing boundary stones surrounding the above said land of the petitioner. 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 direct the respondents 4 and 5 to take action in terms of Sec. 10(1) and 10(2) of the A.P. Survey and Boundaries Act, 1923 by considering F-line application of the petitioner, dated 15.03.2025 and legal notice of petitioner, dated 29.04.2025 for conducting survey in respect of petitioner’s land admeasuring an extent of Ac.2-33 cents situated in RS.No.102/1, an extent of Ac.0-37 cents, situated in RS.No.107/3, an extent of Ac.1-85 cents, situated in RS.No.108/2 and an extent of Ac.0-50 cents, situated in RS.No.94/1 and 152/1 of Sriparru Village, Eluru Mandal, Eluru District, total admeasuring an extent of Ac.5-05 cents, pending disposal of main writ petition in the interest of justice. Counsel for the Petitioner: SRI CHALASANI VENKAIAH Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: The Court made the following order: • • 1 « • APHC010305012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTYSIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15362/2025 Between: Sri Sydu Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.C VENKAIAH ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR REVENUE This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution 1. of India seeking the following relief; “to pass an order or issue writ under Article 226 of Constitution of India more particularly one in the nature of writ of mandamus or any other writ declaring in action of respondents more particularly respondents 4 and 5 in not conducting the survey and demarcation of land admeasuring an extent of Ac. 2-33 cents situated In RS.No.102/1,an extentof Ac.0-37cents, situated in RS.No. 107/3, an extent of Ac. 1-85 cents, situated in RS.No. 108/2 and an extent of Ac. 0-50 cents, situated in RS.No.94/1 and 152/1 of Sriparru Village, Eluru Mandal, Eluru District, total admeasuring an extent of Ac. 5-05 cents, inspite of filing online F-line application NO.FSNVOI2500678262, dated 15.03.2025 and legal notice, dated 29.04.2025, requiring to measure the land of petitioner and respondents 6 and 7 and fix the 2 boundaries and F-line basing on the documents of both the parties is illegal, arbitrary, unjust and against Sec. 10(1), 10(2) of Andhra Pradesh Survey and Boundaries Act, 1923 and law declared by the Hon’ble Court, apart from violative of Article 14 and 300-A of Constitution of India and consequently direct the respondents Nos. 4 and 5 conduct survey and demarcation by fixing boundary stones surrounding the above said land of the petitioner and pass such” \ Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the 2. respondents. 3. The learned counsel for the petitioner submits that the petitioner filed F-line application Dt. 15-03-2025 seeking for conducting survey and demarcation of the land admeasuring to an extent of Ac.2-33 cents situated in RS.No.102/1, Ac.0-37 cents in RS.No. 107/3, Ac. 1-85 cents in RS.No. 108/2, and Ac.0-50 cents in RS.No.94/1 and 152/1 of Sriparru Village Eluru Mandal, Eluru District, total admeasuring an extent of Ac.5-05 cents. Even after receipt of the petitioner’s F-line application Dt. 15-03-2025, the respondents neither considered nor conducted the survey, nor did they issue any further proceedings. Hence, the present writ petition. 4. The learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 3 25.06.2025 issued by the 4'^ respondent wherein it is stated as follows;- “/ submit that on verification of records, it was came to notice that the Writ petitioner and the unofficial respondent No. 6 & 7 are sons of Writ Petitioners brother i.e., Saidu Venkateswara Rao. There was a civil litigation in between the siblings of the Petitioners of the present WP and unofficial respondent No.6 & 7 regarding an extent of Ac.2.33 cts in R.No. 102/1, an extent of Ac. 0.37 cts in RS.No. 107/3, an extent of Ac. 1.85 cts in RS.No. 108/2 and an extent of Ac.0.50 cts in RS.No.94/1 & 152/1 i.e., total extent of Ac.5.05 cts of Sriparru village, Eluru rural Mandal. Sri Saidu Venkata Sita Ramanjaneyulu and one other have O.S.No.151/2025 against the Writ Petitioner before the 1st Additional Junior Civil Judge Court, Eluru and the case is still pending. ” I also further submit that the contentions of the Petitioners in the WP are not correct and far from truth. The Petitioners have purposefully suppressed the facts before the Hon'ble High Court of A.P. The WP desen/es no consideration and liable for dismissal at the admission stage and Sri Saidu Venkata Sita Ramanjaneyulu and one other have filed O.S.No.151/2025 against the Writ Petitioner before the 1st Additional Junior Civil Judge Court, Eluru and the case is still pending”. filed / ^ Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government 5. 4 Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the respondents to consider the F-line application Dt. 15-03-2025 of the petitioner and pass appropriate orders as per the provisions of Survey and Boundaries Act, 1923, after providing an opportunity of hearing to the petitioner and other stake holders if any, within a period of three (03) months from the date of receipt of copy of this Order. I 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR / c //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Revenue Department, State of Andhra Pradesh Secretariat Building, Velagapudi, Amaravati, Guntur District. The District Collector, Eluru District, Eluru. The Joint Collector, Eluru District, Eluru. The Tahsildhar, Eluru Rural Mandal, Chataparru Village & Post, Eluru District, Eluru. The Mandal Surveyor, C/o. Tahsildars Office, Eluru Rural Mandal, Chataparru Village & Post, Eluru District, Eluru. 2. 3. 4. 5. 6. Sri Sydu Venkata Sita Ramanjaneyulu, S/o. Venkateswara Rao, Male, aged 45 years, R/o. D.No.9-60, Gurukulapeta, Near Hanuman Temple, Madepalli Village, Jalipudi Post, Eluru Mandal, Eluru District. 7. Sri Sydu Devalaraju, S/o. Venkateswara Rao, Male, aged about 42 years, R/o H.No.C6-2, Peda Yanagana Malli, Gudivada Lanka Panchayat, Eluru Mandal, Eluru District. 8. One CC to Sri Chalasani Venkaiah, Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 10. gi HIGH COURT DATED:26/06/2025 ORDER WP No.15362 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS