I ■ 4 4 APHC010373892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19140 OF 2025 Between: D. Mallikharjuna Reddy, S/o Bramha Reddy Cultivation, R/o MaJIavaram Village, Guntur Rural Mandal, Guntur District. ...Petitioner Aged about 60 years AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur district. 2. The District Collector, Guntur District, Guntur. 3. The Revenue Divisional Officer, Guntur Division, Guntur District. 4. The Tahsildar, Guntur West Mandal, Guntur. Guntur District. 5. The Mandal Surveyor, Guntur West Mandal, Guntur. Guntur District. 6. Thalakola Gangadhar Reddy, S/o T Sitarami Reddy, age not known, R/o Mallavaram Village, Guntur Rural Mandal, Guntur District. ...Respondents 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th and 5th respondents herein in not considering the application/objections conducting resurvey of the properties situated in Sy.No.235 of Mallavaram Village, Guntur Rural, Guntur district in view of the false report dt. 13-5-2025 dt. 19-5-2025 for submitted by the 5th respondent at the instance of the 6 illegal, arbitrary and violative of principals of natural justice. respondent herein is lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4th and 5th respondents herein to conduct the of the properties situated in Sy.No.235 of Mallavaram Village, Guntur Rural, Guntur district by considering the objections/application dt. 19-5-2025 forthwith pending disposal of the above writ petition in the interests of justice. resurvey Counsel for the Petitioner: SRI G V S MEHAR KUMAR Counsel for the Respondents No.1,2,3,4,5: GP FOR REVENUE Counsel for the Respondent No.6: — The Court made the following order: APHC010373892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19140/2025 Between: 1.D MALLIKHARJUNA REDDY, S/0 BRAMHA REDDY, AGED ABOUT 60 YEARS, CULTIVATION, R/0 MALLAVARAM VILLAGE, GUNTUR RURAL MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI, 2.THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3.THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR DISTRICT. 4.THE TAHSILDAR, GUNTUR WEST MANDAL, GUNTUR. GUNTUR DISTRICT. 5.THE MANDAL SURVEYOR, GUNTUR WEST MANDAL, GUNTUR. GUNTUR DISTRICT. 6.THALAKOLA GANGADHAR REDDY, S/0 T SITARAMI REDDY, AGE NOT KNOWN, R/0 MALLAVARAM VILLAGE, GUNTUR RURAL MANDAL, GUNTUR 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 2 V. pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th and 5th respondents herein in not considering the application/objections conducting resurvey of the properties situated in Sy.No.235 of Mallavaram Village, Guntur Rural, Guntur district in view of the false report dt.13-5-2025 submitted by the 5th respondent at the instance of the 6*^ respondent herein is illegal, arbitrary and violative of principals of natural justice and to pass such dt. 19-5-2025 for 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 4**^ and 5'*^ respondents herein to conduct the resurvey of the properties situated in Sy.No.235 of Mallavaram Village, Guntur Rural, Guntur district by considering the objections/application dt.19-5-2025 forthwith pending disposal of the above writ petition in the interests of justice Counsel for the Petitioner: 1.G VS MEHAR KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: A * Heard Sri G.-V.S.Mehar Kumar, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 5. The notice in respect of the respondent is dispensed with since no adverse order is passed affecting the right or interest of the 6**^ respondent. 2. The grievance of the petitioner is that the respondents 4 and 5 are not considering the objections submitted by the petitioner dated 19.05.2025 (Ex.P1), to conduct a resurvey of the petitioner’s land of an extent of Ac.0.20 cents in Sy.No.235/B of Mallavaram Village, Guntur Rural Mandal, Guntur District. 3. 3 Learned counsel for the petitioner would submit that the survey was conducted on an application made by the 6‘^ respondent. The petitioner submitted objections on 19.05.2025 (Ex.P1). However, the respondents 4 and 5 are not considering the objections. 4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that if the petitioner is aggrieved by the survey, an appeal lies under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923. Petitioner, without availing remedy under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923, filed this writ petition. 5. In reply, learned counsel for the petitioner would submit that the petitioner will avail of the remedy by filing an appeal under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, giving liberty to the petitioner to avail of the statutory remedy of appeal under Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923. No order as to costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY! REGIST^ RCER R //TRUE COPY// SEC To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur district. 2. The District Collector, Guntur District, Guntur. 3. The Revenue Divisional Officer, Guntur Division, Guntur District. 4. The Tahsildar, Guntur West Mandal, Guntur. Guntur District. 5. The Mandal Surveyor, Guntur West Mandal, Guntur. Guntur District. 6. Thalakola Gangadhar Reddy, S/o T Sitarami Reddy, age not known, R/o Mallavaram Village, Guntur Rural Mandal, Guntur District. 7. One CC to SRI. G V S MEHAR KUMAR, Advocate [OPUC] 8. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Two CD Copies nm HIGH COURT DATED:28/07/2025 ORDER WP NO. 19140 OF 2025 DISPOSING OF THE WP WITHOUT COSTS