IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 907 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 07-02-2024 in W.P.No.1816 of 2024 on the file of the High Court. Between: 1. Shaik Rabbani, S/o Late. Mulla Lalu Khan, Muslim, aged about 21 years, R/o Door No. 1/23, Peddavangali Village, Chagalamarri Mandal, Nandyala District. Andhra Pradesh. 2. Mulla Shaik Ghousiya, W/o Lalu Khan, Muslim, aged about 48 Peddavangali Village, Chagalamarri Mandal, Nandyala District, Andhra Pradesh. years, ...Appellants/Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nandyala District, Andhra Pradesh. 3. The Superintendent of Police, Nandyala District, Andhra Pradesh. 4. The Revenue Divisional Officer (Sub-Collector), Nandyala, Nandyala District, Andhra Pradesh. 5. The Tahsildar, Chagalamarri Mandal, Nandyala District Andhra Pradesh. 6. The Sub-Inspector of Police, Chagalamarri, Chagalamarri Mandal, ^ Nandyala DistrictAndhra Pradesh. f j. Mulla Khairun Bee, W/o Late. Mulla Lalu Khan, Muslim, aged about 60 years, R/o Door No.2-8-58, Satram Street, Ahobilam Road, Allagadda, Nandyala District-518 543, Andhra Pradesh 8. The Sub-Registrar, Allagadda, Nandyala District Andhra Pradesh. ...Respondents/ Respondents lA NO: 3 OF 2024 Petition under Section 151 GPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5*^ respondent not to mutate the land namely, Ac.5.04 cents in Survey No.537 of Chagalamarri Village and Mandal, Nandyala District in favour of the 7*^ respondent, since O.S.No.331/2021 is now pending in respect of the same property on the file of the Hon’ble Junior CivilJudge at Allagadda. Counsel for the Appellants: SRI SUREPALLI MADHAVA RAO Counsel for the Respondent Nos.1,2,4 & 5: GP FOR REVENUE Counsel for the Respondent Nos.3&6: GP FOR HOME Counsel for the Respondent No.T: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.8: GP FOR STAMPS & REGISTRATION The Court made the following: JUDGMENT APHC010485112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 907/2024 Between: Shaik Rabbani and Others ...APPELLANT(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Appellant(S): 1.SUREPALLI MADHAVA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.SIVAPRASAD REDDY VENATI 4.GP FOR REGISTRATION AND STAMPS The Court made the following Judgment: (perHon’ble Sri Justice R Raghunandan Rao) Sri Mulla Lalu Khan was the owner of Ac.5.04 cents in Sy.No.537 of Chagalamarri Village and Mandal, Nandyal District. He passed away leaving 2 RRR, J & Dr. KMR, J W.A.No.907of2024 behind his 1®* wife who is arrayed as 7‘^ respondent herein and his son who is arrayed as Appellant No.1 and his 2'’'^ wife who is arrayed as Appellant No.2. Apart from this, he has also left behind his daughter who is not a party to these proceedings. Disputes arose over the ownership and share of the said land resulting in O.S.No.331 of 2021 being filed before the Junior Civil Judge, Allagadda, Nandyal District and it is pending. 2. 3. At that stage, the appellants came to know that a survey was sought to be made on the said land by the Tahsildar who is arrayed as Respondent No.5 and had approached this Court by filing W.P.No.1816 of 2024 seeking a direction to the Respondent No.5 not to mutate the land in favour of the 7*'^ respondent till disposal of O.S.No.331 of 2021. 4. Apart from this, the appellants have also given a complaint against Respondent No.6, to the effect that he is interfering in a family dispute and he is pressurizing the appellants to accept the claim of the Respondent No.7. 5. The learned Single Judge has dismissed W.P.No.1816 of 2024 by an order, dated 07.02.2024, on the ground that all the aforesaid issues can be resolved in a Civil Court where O.S.No.331 of 2021 is pending. Vi.-... RRR, J & Dr. KMR, J W.A.No.907of2024 3 Aggrieved by the said order, the present Appeal has been 6. moved, by the appellants. Sri S.Madhava Rao, the learned counsel for the appellants would contend that a question of conducting a survey arises only when steps are being taken for sub division of the land prior to mutation. He would submit that the official respondents have not committed either way as to the purpose for which the survey is sought to be conducted. The learned counsel would also submit that the Tahsildar in the counter affidavit filed in the Writ Appeal has admitted that an application for survey has been submitted by the 7*^ respondent. 7. The learned Government Pleader, on instructions reiterates the contents of the counter affidavit and states that the authorities had received an application from the 7^^ respondent for conduct of survey. However, no such survey has been conducted in view of the pendency of litigation. He would also submit that no application for mutation has been submitted by the 7*^ respondent and consequently, the question of carrying out any mutation proceedings would not arise. 8. 9. Recording the above submissions, this Writ Appeal is disposed of leaving it open to the appellants to approach the Court in the event of any future difficulty. There shall be no order as to costs. RRR, J & Dr. KMR, J W.A.No.907of2024 4 0 As a sequel, pending miscellaneous applications, if any, shall stand closed. SD/- G SRINIVAS REpOY DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nandyala District, Andhra Pradesh. 3. The Superintendent of Police, Nandyala District, Andhra Pradesh. 4. The Revenue Divisional Officer (Sub-Collector), Nandyala, Nandyala District, Andhra Pradesh. 5. The Tahsildar, Chagalamarri Mandal, Nandyala District Andhra Pradesh. 6. The Sub-Inspector of Police, Chagalamarri, Chagalamarri Mandal, Nandyala District Andhra Pradesh. 7. The Sub-Registrar, Allagadda, Nandyala District Andhra Pradesh. 8. One CC to Sri Surepalli Madhava Rao, Advocate [OPUC] 9. One CC to Sri Sivaprasad Reddy Venati, Advocate[OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. ssb HIGH COURT DATED:18/03/2025 JUDGMENT WA.No.907 of 2024 ahos^ iS 0 7 APR 2025 m 6»/. Current Section . DISPOSING OF THE W.A. WITHOUT COSTS