APHC010329542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16412/2025 Between: 1. KADIMELLA RANA PRATAP, S/O K. VIKRAMADITYA VARMA (LATE), AGED ABOUT 50YEARS, R/O. 6/450-3, MATCHYAPALLI MAIN ROAD, SHANKARAPURAM, KADAPA ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, , KADAPA. 4. THE TAHSILDAR, SIDHOUT MANDAL, SIDHOUT, YSR KADAPA DISTRICT. 5. APSP, 11TH BATTALION, SIDHOUT MANDAL, YSR KADAPA DISTRICT REP. BY ITS ADDL. DIRECTOR GENERAL OF POLICE, APSP BATTALION. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in RC No. 30/B.N.Q.M-2025 dated. 25.06.2025, of the 5TH respondent herein and the 2 NV,J W.P.NO.16412 OF 2025 consequential action of the respondents 1 to 5, herein in trying to dispossess me from the land situated at survey no. 1033-2 to an extent of Ac. 1.95 cents and in survey no. 1035-2 to an extent of Ac.2.01 cents, totaling to an extent of Ac.3.96cents in Peddapalli village of Sidhout Mandal, Kadapa District, as arbitrary, illegal, improper, unconstitutional apart from violative of principles of natural justice and set aside the same and consequently direct the respondents 1 to 5 herein not to dispossess me from the land situated at survey no. 1033-2 to an extent of Ac. 1.95 cents and in survey no. 1035-2 to an extent of Ac.2.01 cents, totaling to an extent of Ac.3.96cents in Peddapalli village of Sidhout Mandal, Kadapa District and pass IA 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 pleased to direct the respondents 1 to 5 herein not to dispossess me from the land situated at survey no. 1033-2 to an extent of Ac. 1.95 cents and in survey no. 1035-2 to an extent of Ac.2.01 cents, totaling to an extent of Ac.3.96cents in Peddapalli village of Sidhout Mandal, Kadapa District by suspending the proceedings in RC No. 30/B.N.Q.M- 2025 dated. 25.06.2025, of the 5TH respondent herein pending disposal of the writ petition and pass Counsel for the Petitioner: 1. V V N NARASIMHAM Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 NV,J W.P.NO.16412 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16412/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in RC No. 30/B.N.Q.M-2025 dated 25.06.2025, of the 5th respondent herein and the consequential action of the respondents 1 to 5, herein in trying to dispossess me from the land situated at survey no.1033-2 to an extent of Ac.1.95 cents and in survey no.1035-2 to an extent of Ac.2.01 cents, totaling to an extent of Ac.3.96cents in Peddapalli village of Sidhout Mandal, Kadapa District, as arbitrary, illegal, improper, unconstitutional apart from violative of principles of natural justice and set aside the same and consequently direct the respondents 1 to 5 herein not to dispossess me from the land situated at survey no.1033-2 to an extent of Ac.1.95 cents and in survey no.1035-2 to an extent of Ac.2.01 cents, totaling to an extent of Ac.3.96cents in Peddapalli village of Sidhout Mandal, Kadapa District and pass...”(in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner is that he is the pattadar and possessor of land to an extent of Ac.1-95 cents in Sy.no.1033-2, Ac.2-01 cents in Sy.no.1035-2 totaling to an extent of Ac.3-96 cents at Peddapalli Village, Sidhout Mandal, Kadapa District. 4. It is contended that the petitioner acquired the said land from his ancestors and has been in continuous possession and enjoyment of the same. While so, the 4th respondent issued a notice dated 25.06.2025, alleging that the petitioner had encroached the land in Sy.No.591, which was assigned to the 5th respondent. It is further contended that the allegation of encroachment against the petitioner was borne out of the said survey, was conducted by the respondents. He further submitted that the alleged survey was conducted without issuing any notice and without following due process as contemplated under the provisions of the A.P. Survey and Boundaries Act, 4 NV,J W.P.NO.16412 OF 2025 1923(for short “the Act”). It is further submitted that the respondents themselves conducted survey and held that the petitioner has encroached some extent of land in Sy.No.591, which is contrary to law. Hence, the impugned notice dated 25.06.2025 is liable to be set-aside. 5. On the other hand, learned Assistant Government Pleader for Revenue furnished a detailed written instructions submitted by the 5th respondent on 05.07.2025, wherein it is stated that originally the entire land in Sy.No.591 and other 31 survey numbers is an extent of Ac.206.4 cents was transferred in favour of the police Department on 21.07.1995 by the then Collector. Some of the survey numbers, which were assigned to the 4th respondent, were re- numbered as Sy.No.1035/1, 1035/2, 1035/3, 1035/4 and 1035/5. The survey conducted in respect of Sy.No.591-A (presently Sy.No.1164/1) by the village revenue officer/village surveyor it is found that Ac.0-49 cents out of Ac.10.00 cents of the 4th respondent was encroached by the petitioner herein. 6. Considering the submissions of both learned counsel and on perusal of the material on record, this Court observes that the survey said to have been conducted by the respondents appears to have been undertaken for administrative purposes, but it is not shown that the said survey was ordered or conducted in accordance with the provisions of the Act, by issuing notices to the neighboring landlords. The said survey said to have been conducted by the Village Revenue Officer/Village Surveyor dated 05.07.2025 is also without jurisdiction as per the Act. 7. In view of the reasons stated above, the petitioner is hereby directed to submit F-line application for conducting a survey in respect of the subject property of the petitioner within a period of three (03) weeks from the date of receipt of a copy of this order. After such submission of the application, the respondent Nos.1 to 4 are hereby directed to consider and conduct the survey by following the provisions of the Act, 1923 and to complete the entire enquiry within a period of two (02) months, thereafter. 5 NV,J W.P.NO.16412 OF 2025 8. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. 9. In the meanwhile, Status-quo obtaining as on today in respect of the possession of the subject property shall be maintained by all the parties concerned. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:07.07.2025 LSP 6 NV,J W.P.NO.16412 OF 2025 80 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16412/2025 Date:07.07.2025 LSP