APHC010383612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19665/2025 Between: 1. K. NAGARAJA,, S/O. K. THIMMARAYUDU, AGED ABOUT 46 YEARS, OCC- CULTIVATION, R/O. THATTIVARIPALLE, MADANAPALLE MANDAL ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE MADANAPALLI MUNICIPALITY, REP BY ITS COMMISSIONER, MADANAPALLI, ANNAMAYYA DISTRICT. 3. THE TAHSILDAR, MADANAPALLI MANDAL, ANNAMAYYA DISTRICT. R3 IS IMPLEADED AS PER THE ORDER OF THE COURT, DATED 07.08.2025 VIDE ORDER PASSED IN I.A. NO.2 OF 2025. ...RESPONDENT(S): Counsel for the Petitioner: 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER:- 1. Learned counsel for the petitioner submits that the petitioner inherited an extent of Ac.1.61 cents in Survey No.552/9 of B.K. Palle Revenue Village, Madanapalle Mandal, Annamayya District. 2. It is submitted that this land was assigned to the petitioner’s father in the year 1987, vide proceedings dated 14.08.1987. It is further submitted that after the demise of the petitioner’s father, the petitioner succeeded the property and has been continuously cultivating the same. Attempts by third parties to interfere with the possession were appropriately dealt by the petitioner by filing O.S.No.582 of 2011 before the learned First Additional Junior Civil Judge, Madanapalle and the suit was decreed in favour of the petitioner. Attempts were also made by the revenue authorities to unsettle the petitioner from possession. The petitioner filed O.S.No.198 of 2016 against the revenue authorities and the Court granted a permanent injunction restraining the revenue authorities from interfering with the possession of the petitioner. 3. As things stood thus, several third parties started interfering with the possession of the petitioner and have also claimed that they hold D-form pattas. In this regard, the petitioner submitted representations to the Tahsildar, the Revenue Divisional Officer and the 2nd respondent to resolve this issue once for all by conducting a survey and demarcating the petitioner’s 3 property. All the representations did not yield any result. As such the present writ petition is filed. 4. The petitioner has impleaded the 3rd respondent as a party respondent since the 2nd respondent denied the request of the petitioner for conducting a survey by stating that the property falls under the jurisdiction of the revenue authority. It is submitted that the revenue authority at an earlier point of time denying jurisdiction for conducting survey and stated that the 2nd respondent is the competent authority to conduct the survey. It is submitted that respondent Nos.2 and 3 have been throwing the ball from one court to other and denying conducting the survey of the petitioner’s land. 5. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 2nd respondent and the learned Assistant Government Pleader appearing for the 3rd respondent. 6. After formation of Madanapalle Municipality, the property is within the revenue jurisdiction of the municipality and the 2nd respondent would be the competent authority to conduct the survey. Be that as it may, the Town Surveyor available with the 2nd respondent office and the Mandal Surveyor available with the 3rd respondent, shall coordinate with each other and conduct a survey by collecting the necessary fee, if any due payable by the petitioner. At any rate, survey shall be conducted within a period of eight (08) weeks from the date of receipt of a copy of this order. Needless to mention, 4 the survey shall be conducted by issuing notices to all concerned, including the petitioner. 7. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt:13.08.2025 SR