IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) > MONDAY, THE TENTH DAY OF FEBRUARY ( TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26779 OF 2024 Between: Smt. Pamulapati Jyothiswari, W/o. P. Prasad, Aged 47 years, Occ: Housewife, R/o. H.No. 3-15A, Chinnarachapalli Village, Chitvel Mandal, Annamayya District ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Rayachoty, Annamayya District. The Revenue Divisional Officer -Cum- Sub-Collector, Rajampet Mandal, Annamayya District. The Tahsildar, Chitvel Mandal, Annamayya District. The Village Surveyor, O/o The Tahsildar, Chitvel Mandal, Annamayya District. Pamulapati Subbarayudu, S/o. late. Narasaiah, Aged about 61 years, Occ Cultivation, R/o. D.No. 3-23-A, ChinnarachapalliVillage, Thumakonda Revenue Village, Chitvel Mandal, Annamayya District. Pamulapati Koteswar Rao, S/o. late. Vankata Subbaiah, Aged about 55 years, Occ Cultivation, R/o. D.No. 3-22, Chinnarachapalli Village, Thumakonda Revenue Village, Chitvel Mandal, Annamayya District. Pamulapati Venkateswarlu, S/o. late. Vankatapathi Naidu, Aged about 57 years, Occ Cultivation, R/o. D.No.3/5, Chinnarachapalli Village, Thumakonda Revenue Village, Chitvel Mandal, Annamayya District. ...RESPONDENTS 1. 2. 3. 4. 5. 6. 7. 8. Petition under Article 226 of the Constitution of India praying that in Jthe circumstances stated in the affidavit filed therewith, the High Court may ' be pleased to issue writ of mandamus or any other writ or order or direction declaring the notice Dt. 13.11.2024 issued by the Respondent for conducting of survey on 19.11.2024 in respect of land in Sy.No.54/10 to an extent of Ac.0.03 cents out of total extent of Ac.0.26 cents situated at Thumakonda Revenue Village, Chitvel Mandal, Annamayya District in spite of pendency of Civil Suit and without issuing notice to the Petitioner is illegal and arbitrary and set aside the same and consequently direct the respondents 2 to 5 not to interfere in respect of land in Sy.No.54/10 to an extent of Ac.0.03 cents situated at Thumakonda Revenue Village, Chitvel Mandal, Annamayya District. lA NO: 1 OF 2024 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 stay of all further proceedings in pursuant to the notice Dt.13.11.2024 issued by the 5**^ Respondent and also restrain from interfering into my peaceful possession and enjoyment of the land in Sy.No.54/10 to an extent of Ac.0.03 cents situated at Thumakonda Revenue Village, Chitvel Mandal, Annamayya District pending disposal of the above writ petition. Counsel for the Petitioner: M/s. MAHESWARI ARIKA Counsel for the Respondent Nos.1 to 5: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.6 to 8: SRI K. KOUTILYA The Court made the following: ORDER 1 APHC010520922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26779/2024 Between: 1.PAMULAPATI JYOTHISWARI, , W/0. P. PRASAD, AGED 47 YEARS, R/0. H.NO. 3-15A, CHINNARACHAPALLI OCC HOUSEWIFE, VILLAGE, CHITVEL MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, AP SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER CUM SUBCOLLECTOR, RAJAMPET MANDAL, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, CHITVEL MANDAL, ANNAMAYYA DISTRICT. 5.THE VILLAGE SURVEYOR, 0/0 THE TAHSILDAR, CHITVEL MANDAL, ANNAMAYYA DISTRICT. 6.PAMULAPATI SUBBARAYUDU, S/0. LATE. NARASAIAH, AGED ABOUT 61 YEARS. OCC CULTIVATION, R/0. D.NO. 3-23-A, CHINNARACHAPALLI VILLAGE VILLAGE, CHITVEL MANDAL, ANNAMAYYA DISTRICT. 7.PAMULAPATI KOTESWAR RAO, , S/0. LATE. VANKATA SUBBAIAH THUMAKONDA REVENUE 2 AGED ABOUT 55 YEARS. OCC CULTIVATION, R/0. D.NO. 3-22, CHINNARACHAPALLI VILLAGE, THUMAKONDA REVENUE VILLAGE, CHITVEL MANDAL, ANNAMAYYA DISTRICT. 8.PAMULAPATI VENKATESWARLU S/0. LATE. VANKATAPATHI NAIDU, AGED ABOUT 57 YEARS. OCC CULTIVATION, R/0. D.NO. 3/5, CHINNARACHAPALLI VILLAGE, VILLAGE, CHITVEL MANDAL, ANNAMAYYA DISTRICT. THUMAKONDA REVENUE ...RESPONDENT(S): Counsel for the Petitioner: 1.MAHESWARI ARIKA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.KKOUTILYA The Court made the following ORAL ORDER: Heard Smt. Maheswari Araika, Ld. Counsel for the Writ Petitioner and Sri Arjun Chowdary, Ld. Asst. Government Pleader for Revenue and Sri K. Koutilya, Ld. Counsel for the Unofficial Respondent Nos. 6 to 8. 2. The present Writ Petition is filed seeking the following prayer: “It is therefore prayed this Hon’ble Court may be pleased to issue writ of mandamus or any other writ order or direction declaring the notice Dt 13.11.2024 issued by the 5 19.11.2024 in respect of land in Sy. No. 54/10 to an extent of Ac.0.03 cents out of total extent of Ac. 0.26 cents situated at Thumakonda Revenue Village, Chitvel Mandal, Annamayya District in spite of pendency of Civil Suit and without issuing notice to the Petitioner is illegal and arbitrary and set aside the same and consequently direct the respondents 2 to 5 not to interfere in respect of land in Sy. No. 54/10 to an extent of Ac. 0.03 cents situated Thumakonda Revenue Village, Chitvel Mandal, Annamayya District and to pass such other order or orders as the Hon’ble Court deem fit and proper in the circumstances of the case. ’’ th Respondent for conducting of survey on at 3 The prayer in the Writ Petition would indicate that the Official Respondents herein, at the behest of the Unofficial Respondents have issued a Notice dated 13.11.2024 for conducting of survey on 19.11.2024 in respect of the land in survey No.54/10 to an extent of Ac.0.03 cents out of the total extent of Ac.0.26 cents in Thumakonda Revenue Village, Chitvel Mandal, Annamayya District. It is contended by the Learned Counsel for the Writ Petitioner that the Unofficial Respondents have filed O.S.No.44 of 2024 before the Civil Judge (Junior Division), Rajampet against the Writ Petitioner herein seeking relief of Permanent Injunction. Learned Counsel for the Unofficial Respondents would submit that the Unofficial Respondents (Plaintiffs in O.S.No.44 of 2024) have also filed Interlocutory Application bearing I.A.No.137 of 2024 in O.S.No.44 of 2024 under Section 39 Rule 1 and 2 of the C.P.C along with the suit. Learned Counsel for the Unofficial Respondents would also submit that vide Order dated 26.04.2024, learned Civil Judge (Junior Division) had passed an ad-interim Order restraining the Respondents/ defendants therein from interfering with the peaceful possession and enjoyment of the property. 3. While so, the Unofficial Respondents herein have made an Application seeking survey of the land in dispute. Learned Counsel for the Writ Petitioner would contend that while the suit is pending, mere grant of an ad interim injunction does not entitle the plaintiff to seek survey without the permission of the Civil Court. 4. Both the Counsel appearing for the Writ Petitioner as well as the Unofficial Respondents would submit that, the Plaintiffs would move an appropriate Application before the Civil Court for conduct of survey in the presence of the Advocate-Commissioner and urge this Court to fix a time frame for the Civil Judge (Junior Division), Rajampet to dispose of the Interlocutory Applications, which would eventually be filed. Having considered these submissions, this Court is of the opinion that the request of both the Counsels to permit the parties to approach the civil Court and make an 5. 4 appropriate Application is not only in accordance with law but is also reasonable. In this view of the matter, the Writ Petitioner as well as the Unofficial Respondent Nos. 6 to 8 are directed to approach the civil Court (Junior Division), Rajampet and move an appropriate Application in O.S.No.44 of 2024 for conduct of the survey as well as for appointment of Advocate- Commissioner to ensure that the survey is conducted in the presence of the Advocate-Commissioner. They shall also implead the official Respondentsas the case may be. 6. Learned Civil Judge (Junior Division) Rajampeta is directed to dispose of the said Application or Applications within a period of six weeks from the date of filing of the Applications. All the parties are directed to cooperate with the learned Civil Judge (Junior Division) in disposing of the said Interlocutory Applications. 7. 8. With these observations and directions, this Writ Petition stands allowed. Needless to state that the Applications which are proposed to be filed shall be decided by the Learned Civil Judge (Junior Division) in accordance with law and on the merits of the case. This Court has not expressed any opinion on merit. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECT ON OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Rayachoty, Annamayya District. 3. The Revenue Divisional Officer -Cum- Sub-Collector, Rajampet Mandal, Annamayya District. 4. The Tahsildar, Chitvel Mandal, Annamayya District. 5. The Village Surveyor, O/o The Tahsildar, Chitvel Mandal, Annamayya District. ■ 6. One CC to M/s. Maheswari Arika, Advocate [OPUC] 7. One CC to Sri K. Koutilya, Advocate[OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:10/02/2025 ORDER WP.No.26779 of 2024 I 2 5 FEB 2025 ^ . Current Section , O' to ALLOWING THE W.P. WITHOUT COSTS