APHC010372632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Sli TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT APPEAL NO: 824 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the Order dated 18.07.2025 inWP No. 17919 of 2025, on the file the High Court. Between: Madugula Krishna Rao, S/o. Late M.Appa Rao, Aged about 58 years, R/o. Door No. 1-1, Mills Road, Ponduru, Srikakulam District. b ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Srikakulam Revenue Division, Srikakulam Srikakulam District, Andhra Pradesh. 4. The Tahsildar, GanguvariSigadam Mandal GanguvariSigadam, Srikakulam District, Andhra Pradesh. 5. Assistant Director of Survey and Land Records, (Srikakulam), Srikakulam. 6. The Mandal Surveyor Ganguvari, Sigadam Mandal, GanguvariSigad am, Srikakulam District, Andhra Pradesh. 'f 7. Madugula Jhansi Lakshmi Bai, W/o. Mohana Rao Occ: Government Teacher, Adavivaram, Visakhapatnam - 530 027. 8. Madugula Noorjahan Rani, W/o. Gopala Krishna, Aged about 60 years, R/o. Plot No.49, 39-33-142/2, Ward No.39, Phase-2, Vuda Colony, Madhavadhara, Visakhapatnam - 530 0018. Aged about 55 years, R/o.D.No. 11-222, Prahalladapuram, ...Respondents lA NO: 2 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 Survey Notice in Rc.No.87/2024 dated 18.07.2025 issued by the Respondent Tahsildar and to direct the Respondents not to amend Record of Rights, Conduct Survey and Demarcation at the instance of Respondent Nos.7 & 8 in respect of the land ad measuring Ac.4-33 Cents (out of Ac,4-59 Cents) in situated in RS.Nos.234/1 & 2 of Vandrangi Village, Ganguvarisigadam Mandal, Srikakulam District, Andhra Pradesh and not to interfere with the peaceful possession and enjoyment of the Petitioner over the said land, pending disposal of the Writ Appeal. Counsel for the Petitioner: SRI M. R. K. CHAKRAVARTHY Counsel for the Respondent Nos.1 to 6 : GP FOR REVENUE Counsel for the Respondent Nos.7 & 8 : NONE APPEARED The Court made the following Judgment: r APHC010372632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT APPEAL NO: 824/2025 Writ Appeal under clause 15 of the Letters Patent by the Order dated 18.07.2025 of the learned Single Judge in WP No. 17919 bf 2025, the Appellant begs to prefer this Writ Appeal on the following grounds, among others Between: 1.MADUGULA KRISHNA RAO S/0. LATE M.APPA RAO, AGED ABOUT 58 YEARS, R/0. DOOR NO.1-1 ROAD, PONDURU, SRIKAKULAM DISTRICT MILLS ...APPELLANT AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM REVENUE DIVISION, SRIKAKULAM DISTRICT,ANDHRAPRADESH. 4. THE TAHSILDAR, GANGUVARISIGADAM MANDAL GANGUVARISIGADAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ITS ft SRIKAKULAM 2 KRRJ. -fr JSJ W.A.No.824 OJ 2025 5.ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, (SRIKAKULAM), SRIKAKULAM. 5 i 6. THE MANDAL SURVEYOR GANGUVARI, SIGADAM MANDAL, GANGUVARISIGADAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 7.MADUGULA JHANSI LAKSHMI BAI, W/0. MOHANA RAO AGED ABOUT 55 YEARS, OCC- GOVERNMENT TEACHER, R/O.D.NO. 11-222, PRAHALLADAPURAM, ADAVIVARAM, VISAKHAPATNAM - 530 027. 8.MADUGULANOORJAHANRANI, W/0 GOPALA KRISHNA, AGED ABOUT 60 YEARS, R/0 PLOT N0.49, 39-33-142/2, WARD N0.39, MADHAVADHARA, VISAKHAPATNAM - 530 0018. PHASE-2 VUDA COLONY, ...RESPONOENT(S): !4 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 may be pleased to dispense with the filing of certified copy of the Order dated 18.07.2025 in WP No. 17919 of 2024 and pass lA NO: 2 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the Survey Notice in Rc.No.87/2024 dated 18.07.2025 issued by the Respondent Tahsildar and to direct the Respondents not to amend Record of Rights, Conduct Survey and Demarcation at the instance of Respondent Nos.7 & 8 in respect of the land ad measuring Ac.4- 3| Cents (out of Ac,4-59 Cents) in situated in RS.Nos.234/1 & 2 of Vandrangi Village, Ganguvarisigadam Mandal, Srikakulam District, Andhra Pradesh and not to interfere with the peaceful possession and enjoyment of the Petitioner over the said land, pending disposal of the Writ Appeal and pass praying that in the \ 3 /«<■/«/, rt- ./SJ IV.A.NnS2-l „/ 2(J2f Counsel for the Appellant: 1.M R K CHAKRAVARTHY Counsel for the Respondent(S): 1.GP FOR REVENUE This Court made the following: 4 Rim. AJS.J W.A.NO.H24 of2025 JUDGMENT: (Per Hon’ble Sri Justice R. Raghunandan Rao) 1 An extent of Acs.4.33 cents of land situated in R.S.No.234/1 and 2 of Vandrangi Village, Ganguvari Sigadam Mandal, Srikakulam District, is the subject matter dispute in the present Writ Appeal. 2. The said extent of land is said to have been purchased by late Sri Madugula Appa Rao in a Government auction dated 20.05.1958. He bequeathed this land to his wife Smt. M. Hemavathi by way of a Will dated 30.06.1983. Thereafter, Smt. M. Hemavathi, who passed away on 20.06.2014, is said to have executed a Will dated 03.09.2012 in favour of the appellant herein. 35 The appellant has approached this Court by way of W.P.No.17919 of 2025 contending that, while his applications to the Revenue Authorities and the Survey Authorities for survey and fixing of boundaries of the land and for mutation of the land in his favour in the revenue records were being ignored, an application made by his sisters, who are arrayed as respondent Nos.7 and 8, for localization of an extent of Ac. 1.00 of land had been accepted and steps were being taken for conduct of survey for such purposes. As the Writ Petition is still pending before the learned Single JOdge, we are not going into the merits and details of the dispute. 4. 5 5 Kim. fr .Wv W A.Nii.H24 „/ 2(I2S 5. However, it will be sufficient to point out that the apprehension of the appellant, at this stage, is that the Survey Authorities, while conducting the survey, would declare respondent Nos.7 and 8 to be in possession of the land claimed by them and make observations which should be prejudicial to the appellant. 6. This apprehension expressed by the appellant before the learned Single Judge was not accepted by the learned Single Judge who passed an order dated 18.07.2025 observing that the survey had been fixed to be conducted on 23.07.2025 and the writ petition would be taken up after the conduct of such survey. 7. Aggrieved by this order, the appelaint approached this Court by way of the present Writ Appeal. 8. A perusal of the documents placed before this Court would show that, while the appellant is claiming ownership and possession of Acs.4.33 cents by virtue of the Will dated 03.09.2012 executed by his mother, it appears that respondent Nos.7 and 8 also claimed title to Ac. 1.00 of land by virtue of another Will said to have been executed by their mother. 9. In such circumstances, it would be a step towards resolution of this conflict, by permitting the survey to be conducted, for the purpose of localizing and setting the boundaries for Acs.4.33 cents % 6 RRRJ. JSJ lV.A.No-824 0/2025 of land claimed by the appellant as well as for localizing and setting the boundaries for Ac. 1.00 of land being claimed by respondent Nos.7 and 8. However, the Survey Authorities shall not take any steps towards recognizing any person being in possession of these lands nor shall the Survey Authorities give any finding or comment relating to thp right and title of any of these parties on the aforesaid The survey shall be restricted to localizing and fixing lands. boundaries of the respective extents of the land only. Needless to say, the survey that is proposed to be conducted tomorrow i.e., 23.07.2025 shall be taken up on 25.07.2025 after adequate notices and opportunity of hearing are given to the appellant as well as respondent Nos.7 and 8 and any other interested party or their authorized representatives. 10. Needless to say, it is open to the parties to raise such objections that they may have relating to conduct of the survey before the learned Single Judge. 11. 12. The Writ Appeal is disposed of accordingly. No order as to costs. 7 RlUil. JSJ W.A-Nn.H24 0/2025 As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// fr ^ SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Srikakulam Revenue Division, Srikakulam Srikakulam District, Andhra Pradesh. 4. The Tahsildar, Ganguvari Sigadam Mandal, Ganguvari Sigadam, Srikakulam District, Andhra Pradesh. 5. Assistant Director of Survey and Land Records, (Srikakulam), Srikakulam. 6. The Mandal Surveyor Ganguvari, Sigadam Mandal, GanguvariSigad am, Srikakulam District, Andhra Pradesh. T^^fone CC to Sri M. R. K. Chakravarthy, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh[OUT] 9. Two CD Copies Cnr HIGH COURT CNR DATED:22/07/2025 C.C. TODAY JUDGMENT WA NO. 824 OF 2025 7 3 JMI. 7,025 • > I! ..'1 . *' DISPOSING OF THE WRIT APPEAL WITHOUT COSTS