APHC010017902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1207/2025 Between: 1. UNKILI APPARAO, S/O. LATE RAMAYYA, AGED 50 YEARS, R/O. 9- 104, GOLLA VEEDHI, SINGUPURAM B.S. PURAM, SRIKAKULAM, ANDHRA PRADESH - 532 185. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, SRIKAKULAM MANDAL SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. THE MANDAL SURVEYOR, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. MOHAMMAD NAYAB RASOOL Counsel for the Respondent(S): 2 1. GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Mohammad Abdul Majeed, learned Counsel appearing on behalf of Sri Md. Nayab Rasool, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. The present Writ Petition is filed by the Writ Petitioner against the Respondent Nos.3 & 4 for their inaction in conducting survey based on the F-line Applications submitted by the Writ Petitioner dated 20.12.2024 21.09.2024 (Exs.P.1 & P.2) respectively. 3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted the Written Instruction furnished by the Deputy Tahsildar, Singupuram Village, Srikakulam Mandal, dated 08.10.2024 and Endorsement dated 08.01.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The Endorsement dated 08.01.2025 would indicate that a Civil Suit, bearing O.S.No.530 of 2024 is pending between the parties. The factum of pendency of the Civil Suit has neither been disclosed in the Affidavit filed in support of the Writ Petition nor it was made known to the learned Counsel for the Writ Petitioner. Learned Counsel for the Writ Petitioner had sought time to obtain instructions from his Client on last occasion i.e., on 24.01.2025. 5. Learned Counsel for the Writ Petitioner would now submit on instructions that the said Suit bearing O.S.No.530 of 2024 is filed for partition. However, the learned Counsel for the Writ Petitioner has no instruction whether the subject land of an extent of Ac.0.50 cents in Sy.No.129/3 of Singupuram Village, Srikakulam Mandal, is part of the Suit Schedule Property or not. Writ Petitioner has not filed a copy of the Plaint. 3 6. In this view of the matter, this Court is unable to understand whether the subject land forms a part of the Suit Schedule Property or not. However, going by the Endorsement dated 08.01.2025 passed by the Tahsildar, it appears that the subject land is part of the Suit Schedule Property in O.S.No.530 of 2024. The Writ Petitioner ought to have approached the Civil Court for seeking any such directions for conduct of survey, when the Suit (O.S.No.530 of 2024) is pending for partition, by making an appropriate Application. 7. In this view of the matter, the Writ Petition is devoid of any merit. Accordingly, the Writ Petition is dismissed. It is clarified that dismissal of this Writ Petition will not constitute res judicata. No Order as to Costs. 8.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 17.02.2025 JKS 4 53 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 1207 OF 2025 17.02.2025 JKS