APHC010502062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25827/2025 Between: Saagi Hari Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE The Court made the following: -2- W.P. No.25827 OF 2025 Date of order: 22.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25827 OF 2025 ORDER: 1. The petitioner is aggrieved by the inaction of the 2nd respondent in restraining the 9th respondent from making construction in the property of the petitioner an extent of Ac.0.46 cents situated in Survey No.109/1 (109/1P) of Chinamushidiwada, Pendurthi Mandal, Visakhapatnam District. 2. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel appearing for the corporation, appearing for respondents 2, 4 to 6. 3. The learned counsel for the petitioner submits that the 9th respondent, who is the owner of the land in Survey No.109/2P. However, the 9th respondent appears to have sought building permission by including the land of the petitioner as part of his property. The learned counsel has drawn the attention of this Court to the endorsement, dated 12.09.2025, issued by the 7th respondent, the Tahsildar of Pendurthi Mandal, Visakhapatnam District. In the said endorsement, it was recorded that the 9th respondent obstructed the staff of the Tahsildar’s office from conducting the survey. It was further noted that the 9th respondent had given an undertaking to conduct a survey on his own land and assured that, in the event of any construction was found beyond his land, the -3- W.P. No.25827 OF 2025 Date of order: 22.09.2025 same would be removed. The learned counsel has also drawn the attention of this Court to the letter, dated 24.06.2025, addressed by the 7th respondent, the Tahsildar of Pendurthi Mandal, to the Zonal Commissioner, Zone-VIII, Visakhapatnam, and also communicated to the Revenue Divisional Officer, Visakhapatnam. In this letter, the Tahsildar has indicated that the 9th respondent is in possession of the land in Sy.No.109/2P. It is further submitted that the petitioner submitted a representation on 15.07.2025 requesting the 2nd respondent to restrain the 9th respondent from making constructions in the land of the petitioner. 4. On the other hand, the learned standing counsel for respondents 2, 4 to 6 submits that the petitioner ought to have made an application for conducting a proper survey to the competent authorities, respondents 2 to 7, upon which due notice would have been issued to all parties concerned. 5. The learned Government Pleader for the Municipal Administration & Urban Development, appearing for respondent No.1 and the learned Government Pleader for Revenue, appearing for respondent No.7, would submit that no such representation seeking a survey has, in fact, been received from the petitioner. 6. Considering the submissions made by the learned counsel for both parties, this Court deems it appropriate to dispose of the writ petition at the admission stage, granting liberty to the petitioner to submit a fresh -4- W.P. No.25827 OF 2025 Date of order: 22.09.2025 representation before respondents 2, 4, and 7, seeking conduct of a survey and demarcation of the extent of land belonging to both the petitioner and the 9th respondent. Upon such representation being filed, the concerned respondents shall conduct the survey in accordance with law, after issuing due notice to all interested parties. 7. Pending completion of the said survey and demarcation, the 9th respondent shall not proceed with any further construction, so as to ensure that no party suffers prejudice in the course of the survey process. The entire exercise of survey and demarcation shall be completed by the respondents within a period of four (04) weeks from the date of receipt of the fresh representation of the petitioner. 8. Accordingly, the writ petition is disposed of. No costs. 9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV