APHC010338822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16973/2025 Between: 1. R D KUMAR, S/O. R. DHANUSHKOTI MUDALI, AGED 42 YEARS, OCC BUSINESS, R/O. BESIDE PEDDA PALEMMA TEMPLE, VINAYAKA PURAM, CHINTHALAPATTEDA, NAGARI MUNICIPALITY, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NAGARI DIVISION, CHITTOOR DISTRICT. 4. THE TAHSILDAR, NAGARI MANDAL, CHITTOOR DISTRICT. 5. THE MANDAL SURVEYOR, NAGARI MANDAL, CHITTOOR DISTRICT. 6. THE TOWN SURVEYOR, NAGARI MUNCIPALITY, CHITTOOR DISTRICT. 2 7. E JAGADEESAN, S/O. LATE NARASIMHA REDDY, AGED 72 YEARS, OCC RTD. EMPLOYEE, R/O. DOOR NO. 1-59, KALIYAMBAKAM VILLAGE, VIJAYAPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 8. E GUNA SEKHAR REDDY, S/O. LATE NARASIMHA REDDY, AGED 69 YEARS, OCC AGRICULTURE, R/O. DOOR NO.1-59, KALIYAMBAKAM VILLAGE, VIJAYAPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 9. E PRATHAP, S/O. LATE NARASIMHA REDDY, AGED 65 YEARS, OCC RTD. EMPLOYEE, R/O. DOOR NO.1-59, KALIYAMBAKAM VILLAGE, VIJAYAPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. ...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 illegal action of the Respondents No.4 AND 5 in issuing notices and trying to conduct survey inspite of the earlier survey conducted on06-01-2021 in O.S.No.16 of 2020 on the file of Honble Senior Civil Judge, Puttur filed by the unofficial Respondents, as illegal, arbitrary, against the provisions of Survey and Land Records Act and in violation of principles of natural justice and also against all settled principles of law and consequently direct the official Respondents particularly Respondents No.4 AND 5 not to conduct any survey in land Plot No. 19, 20, 21, 22, 23, 24 AND 25 in survey No.89/2 in Jyothinager at Tirupati, Arakkonam Road in Nagari Municipality covered by O.S.No.16 of 2020 on the file of Hon'ble Senior Civil Judge, Puttur, includes Petitioner's and to 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 he official Respondents particularly Respondents No.4 & 5 not to conduct any survey in land Plot No. 19, 20, 21, 22, 23, 24 & 25 in survey No.89/2 in Jyothinager at Tirupati, Arakkonam Road in Nagari 3 Municipality covered by O.S.No.16 of 2020 on the file of Hon’ble Senior Civil Judge, Puttur, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16973/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the illegal action of the Respondents No.4 and 5 in issuing notices and trying to conduct survey inspite of the earlier survey conducted on 06-01-2021 in O.S.No.16 of 2020 on the file of Hon’ble Senior Civil Judge, Puttur filed by the unofficial Respondents, as illegal, arbitrary, against the provisions of Survey and Land Records Act and in violation of principles of natural justice and also against all settled principles of law and consequently direct the official Respondents particularly Respondents No.4 and 5 not to conduct any survey in land Plot No.19, 20, 21, 22, 23, 24 and 25 in survey No.89/2 in Jyothinager at Tirupati, Arakkonam Road in Nagari Municipality covered by O.S.No.16 of 2020 on the file of Hon’ble Senior Civil Judge, Puttur includes Petitioner’s and to pass…..” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 3. The case of the petitioner herein is that the subject property admeasuring to an extent of Ac.0.06 cents in Sy.No.89/2, is a subject property of the civil suit in O.S.No.16 of 2020 and O.S.No.31 of 2021, wherein, the suit is filed for declaration of title and recovery of possession. 5 4. The learned counsel for the petitioner submits that when a civil dispute is pending for declaration of title and possession, the respondent authorities, particularly, the respondent Nos.4 & 5 are trying to alter and amend the nature/extent of the property, which is contrary to law. For which, the petitioner was issued with notices by respondent Nos.4 & 5 for conducting the survey and for changing the nature of the land as well as the extent, which is nothing but intervening with the proceeding before the competent Civil Court, which is meant for the resolution of dispute between the petitioner and the unofficial respondent herein. Therefore, the notice issued by the 5th respondent is contrary to law and is against the principles of Andhra Pradesh Survey and Boundaries Act, 1923. Hence, the Writ Petition. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4th respondent dated 07.07.2025, wherein, the relevant portion is extracted hereunder: “ 5. It is further submitted that a civil dispute relating to the same land is presently pending before the Hon'ble Senior Civil Judge Court, Puttur in O.S. No. 16 of 2020 between late. Narasimha Reddy's sons 1) Jagadisha Reddy 2) Gunasekhar Reddy. (plaintiffs) O.S.No. 16/2020 case is pending in the Puttur Senior Civil Judge's Court regarding the property dispute in Survey No.89/2 and in connection with the said civil suit, in which the present writ petitioner is filed as Defendant in the suit. Further I.A.NO.163/2021 have also filed by the above respondents to 6 appoint court commissioner for survey of the Suit land, and the legal opinion have been obtained from the learned Assistant Government Pleader, Puttur dated 19.05.2025, clearly states that no survey should be conducted during the pendency of the civil proceedings.” 6. Learned Assistant Government Pleader further reiterated that the respondents are not taking steps for conducting any survey in respect of the subject property, since the subject matter is under prejudice before the Civil Court of law by way of O.S.No.16 of 2020 and O.S.No.31 of 2010. The said contents are reiterated by the 2nd respondent herein vide proceeding dated 07.02.2025, directing the respondent Nos.4 and 5 not to proceed with amendment or alteration of the subject property by way of conducting survey. 7. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents not to conduct survey of demarcation, since the subject property is a scheduled property of the suit for declaration pending between the petitioner and the 5th respondent. Any alteration or amendment to the subject property is nothing but interference with the suit proceeding pending before the court below. Therefore, respondent Nos.4 and 5 are not entitled to conduct any survey regarding the scheduled property of the pending suit. However, the respondents are at liberty to proceed further in accordance with law after 7 determination of the suit by way of judgment and decree by the competent Civil Court. 8. In the result, 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 08.07.2025 SCH 8 207 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16973 of 2025 08.07.2025 SCH