APHC010425082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22361/2025 Between: 1. RUDRAKOTI SOMASUNDAR, S/O LATE LOKANADHAM RUDRAKOTI, AGED 48 YEARS, OCC. COOLIE. R/O UPPARAPALLI HARIJANAWADA PAKALA POST AND MANDAL, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. 2. RUDRAKOTI SREEDEVI,, W/O LATE VIJAY KUMAR, AGED 47 YEARS, R/O (IPPARAPALLI HARIJANAWADA PAKALA POST AND MANDAL, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. 3. RUDRAKOTI SUDHAKAR,, S/O LATE LOKANADHAM RUDRAKOTI, AGED 43 YEARS, OCC- COOLIE, R/O UPPARAPALLI HARIJANAWADA, PAKALA POST AND MANDAL, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATHI ERSTWHILE CHITTOOR DISTRICT. 3. THE ASSISTANT DIRECTOR OF SURVEY APPELLATE AUTHORITYCUM DEPUTY DIRECTORINCHARGE, K.T. ROAD, VARADARAJA NAGAR, TIRUPATI, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. 4. THE DEPUTY INSPECTOR OF SURVEY, O/O. REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. 5. THE THASILDAR, PAKALA MANDAL, TIRUPATHI DISTRICT, FORMERLY CHITTOOR DISTRICT). 6. THE DISTRICT SURVEYOR, TIRUPATI, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT 2 7. THE MANDAL SURVEYOR, PAKALA MANDAL, TIRUPATI, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT. 8. THE VILLAGE SURVEYOR, , PAKALA VILLAGE AND MANDAL, TIRUPATI, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3rd respondent in not deciding petitioners Appeal Petition dt. 17.02.2025 filed under section 11 R/W BSO 34(A) of Andhra Pradesh Survey and Boundaries ACT 1923, against the Order in D.l.O.S No. 27/2024, dt. 12.12.2024 passed by 4th respondent, thereby not conducting survey and fix boundaries in the land measuring an extent of Ac. 0.06 Cents in Survey No.2245/1, Ac.0.03 Cents in Survey No.2245/2 and Ac. 0.15 V2 Cents in Survey No.2245/3, situated in Pakala Revenue Village of Pakala Mandal in Tirupati District (formerly Chittoor District), as illegal, irregular, irrational, without jurisdiction and amounts to non-discharge of legal obligation conferred on 3rd respondent under the provisions of aforesaid statute and offends Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to decide said appeal petition filed by petitioners father (late) dt. 17.02.2025 and 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 to direct the 3rd respondent to decide petitioners’ appeal petition filed by their father (late), on 17.02.2025, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 22361 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3rd respondent in not deciding petitioners’ Appeal Petition dt.17.02.2025 filed under section 11 R/W BSO 34(A) of Andhra Pradesh Survey and Boundaries ACT 1923, against the Order in D.l.O.S No. 27/2024, dt. 12.12.2024 passed by 4th respondent, thereby not conducting survey and fix boundaries in the land measuring an extent of Ac. 0.06 Cents in Survey No.2245/1, Ac.0.03 Cents in Survey No.2245/2 and Ac. 0.15 V2 Cents in Survey No.2245/3, situated in Pakala Revenue Village of Pakala Mandal in Tirupati District (formerly Chittoor District), as illegal, irregular, irrational, without jurisdiction and amounts to non-discharge of legal obligation conferred on 3rd respondent under the provisions of aforesaid statute and offends Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to decide said appeal petition filed by petitioners father (late) dt. 17.02.2025 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. The petitioner has approached this Court with a prayer for issuance of a direction for expeditious disposal of the Appeal, dated 17.02.2025 pending before the 3rd respondent filed under Section 11 read with BSO 34(A) of the Andhra Pradesh Survey and Boundaries Act, 1923 against the order, dated 12.12.2024. 3. The learned counsel for the petitioners stated that the appellate authority is bound to decide the case in accordance with law expeditiously. The urgency that is stated that the property rights are involved in the case if the delay is occasioned that it will be detrimental 4 to the petitioner. Hence, pleaded to direct the revisional authority to dispose of the revision in a time bound manner in accordance with law. 4. Ergo the Court directs the 3rd respondent appellate authority to make an endeavour to put an end, by making all the efforts in deciding the case with due diligence within a reasonable time for disposal of the Appeal, dated 17.02.2025 filed under Section 11 read with BSO 34(A) of the Andhra Pradesh Survey and Boundaries Act, 1923 against the order in D.I.O.S.No.27/2024, dated 12.12.2024 passed by the 4th respondent, on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond three months from the date of receipt of the order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.08.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 22361 OF 2025 Date: 28.08.2025 SPP