APHC010339242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16994/2025 Between: 1. SHAIK AHAMED,, S/O. GALIBSA ALIAS GATIB SABEB, AGE 64 YEARS, D.NO. 15-391, GURRALACHAVIDI, CHILAKALURIPET, PALNADU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPT., SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT NARASARAOPET 3. THE TAHSILDAR, MANDAL REVENUE OFFICE, CHILAKALURIPET PALNADU 4. THE MANDAL LAND SURVEY OFFICER, CHILAKALURIPET MANDAL, PALNADU DISTRICT 5. D SAMBASIVARAO, S/O. D.PITCHAIAH, AGE 57 YEARS, R/O. BOPPUDI VILLAGE, CHILAKALURIPET MANDAL, PALNADU DISTRICT ...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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authority in entertaining applications against the land to an extent of Ac. 2-80 cents 2 situated at Pasumarru, Chilakaluripet mandal, Palnadu district during the pendency of suit proceedings in OS No. 326/2024 on the file of Prl. Junior Civil Judge, Chilakaluripet as illegal, arbitrary and violative of principles of natural justice 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 not to proceed on any application submitted by the unofficial respondent in respect of the land to an extent of Ac. 2-80 cents situated at Pasumarru, Chilakaluripet mandal, Palnadu district pending disposal of the writ petition Counsel for the Petitioner: 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16994 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: - “To issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authority in entertaining applications against the land to an extent of Ac.2.80 cents situated at Pasumarru Chilakaluripet Mandal, Palnadu district during the pendency of suit proceedings in OS No.326/2024 on the file of Prl. Junior Civil Judge, Chilakaluripet as illegal, arbitrary and violative of principles of natural justice” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is claiming right over the subject property an extent of Ac.2.80 cents situated at Pasumarru, Chilakaluripet Mandal, Palnadu District. Since there is a dispute between the petitioner and the unofficial respondent, the petitioner instituted a suit in O.S.No.326 of 2024 for declaration of title and for permanent injunction. The same is pending for consideration before the Court below. Pending consideration of the suit, the unofficial respondent said to have been submitted an application to the third respondent herein for conducting survey for demarcation and also for mutation. For which, 4 the third respondent issued notices dated 01.07.2025 without considering the rights of the petitioner and the suit, which is pending for adjudication before the Court below. The learned counsel for the petitioner further submits that the petitioner submitted a representation to the revenue authorities not to proceed with the matter as the matter is pending before the Court. Without considering the representation dated 02.07.2025 of the petitioner, the respondent authorities are proceeding to conduct survey and to alter the record to defeat the interest of the petitioner while pending the suit at the Court below, which is illegal, arbitrary and such action is liable to be deprecated. 4. On the other hand, the learned Assistant Government Pleader for Revenue furnished the written instructions of 3rd respondent dated 08.07.2025, wherein it is stated as follows: It is submitted that the village Surveyor, Pasumarru village has issued 1st notices on 01.07.2025 for demarcation of the said land to the adjoining land holders as part of procedure. The petitioner herein who is one of adjoining land holder to the scheduled property also received the notices. It is submitted that the petitioner after receiving the said notices did not attend the survey, hence the survey was stopped on that day. Again, the Village Surveyor, Pasumarru village has issued 2nd notices on 05.07.2025 to the petitioner herein again the petitioner has 5 requested to give another date after two weeks due to health issues. 5. Learned Assistant Government Pleader for Revenue further submits that since the petitioner submitted the representation, the same would be considered and pass appropriate orders in accordance with law. By considering the submissions made by both the learned counsel and on perusal of material on record, this Court is of the view that it is appropriate to dispose of this writ petition directing the third respondent to consider the representation submitted by the petitioner dated 02.07.2025 and pass appropriate orders in accordance with law, after providing opportunity of hearing to the petitioner and other stake holders, if any, within a period of three months from the date of receipt of copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J DDtt:: 0099..0077..22002255 sj 6 290 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16994 of 2025 09.07.2025 ssjj