IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 40247 OF 2016 Between: Bheema Venu Gopal Reddy, S/o Rami Reddy, Aged about 52 years, Occ: Cultivation, R/o:Obanpalli Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, A.P. ...PETITIONER AND The State of A.P., Rep by its Principal Secretary Revenue (Survey Settlement and Land Records) Secretariat, Hyderabad. The Revenue Divisional Officer, Rajampet, Division, YSR Kadapa District. The Mandal Tahsildar, Railway Kodur Mandal, YSR Kadapa District. The Mandal Surveyor, Railway, Kodur Mandal, YSR Kadapa District, A.P. Smt. Pedda Nagamma, W/o Guravaiah, Aged about 58 years, Occ: Cultivation R/o: Obanapalli Kothapalli Village, Railway Kodur Mandal YSR Kadapa District, A.P. 1. 2. 3. 4. 5. ...RESPONDENTS 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 of MANDAMUS declaring the action of the respondents particularly the action of the respondent No;3 and 4 in resorting to form/show a road from Sy.No:116 to 137 of O Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District and thereby issuing a notice dt. 31.10.2016 is high handed, illegal, arbitrary, without power or authority. i contrary to Section 10 of A.P. SURVEY AND BUNDARIES ACT, 1923 apart from violation of principles of natural justice and consequentially direct the respondent No's: 3 and 4 not to proceed with the conducting of survey in the petitioner's private Patta Lands in Sy. Nos. 119/2C, 126/1, 126/2, 127/1 & 133 of O. Kothapalli (Obanapalli Kothapalli)Village Accounts, Railway Kodur Mandal, YSR Kadapa District of 0. Kothapalli Village Accounts, Railway Kodur Mandal, YSR Kadapa District for the purpose of showing the road to the lands of 5**^ respondent, in the interest of justice. / f I.A. NO: 1 OF 2016fWPMP. NO: 49596 OF 2016) 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 Grant Stay of conducting survey in the petitioner's private Patta Lands in Sy. Nos. 119/2C, 126/1, 126/2, 127/1 & 133 of 0. Kothapalli (Obanapalli KothapallijVillage Accounts, Railway Kodur Mandal, YSR Kadapa District for the purpose of showing the road to the lands of 5*^ respondent, pending disposal of the Writ Petition in the interest of Justice. I.A. NO: 1 OF 2017(WVMP. NO: 1650 OF 2017) Between: 1. The State of A.P., Rep by its Principal Secretary Revenue (Survey Settlement and Land Records) Secretariat, Hyderabad. 2. The Revenue Divisional Officer, Rajampet, Division, YSR Kadapa District. 3. The Mandal Tahsildar, Railway Kodur Mandal, YSR Kadapa District. 4. The Mandal Surveyor, Railway, Kodur Mandal, YSR Kadapa District, A.P. ...PETITIONERS/RESPONDENTS No.1 to 4 AND 1. Bheema Venu Gopal Reddy, S/o Rami Reddy, Aged about 52 years, Occ: Cultivation, R/o:Obanpalli Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, A.P. ...RESPONDENT/PETITIONER 2. Smt. Pedda Nagamma, W/o Guravaiah, Aged about 58 years, Occ: Cultivation R/o: Obanapalli Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, A.P. ...RESPONDENT/RESPONDENT No.5 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 vacate the interim order granted on 22-11-2016 in W.P.No.40247 of 2016. I.A. NO: 2 OF 2017(WVMP. NO: 3707 OF 2017) Between: Smt. Pedda Nagamma, W/o Guravaiah, Aged about 58 years, Occ: Cultivation R/o: Obanapalli Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, A.P. ...PETITIONER/RESPONDENT No.5 AND Bheema Venu Gopal Reddy, S/o Rami Reddy, Aged about 52 years, Occ: Cultivation, R/o:Obanpalli Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, A.P. 1. ...WRIT PETITIONER/RESPONDENT No.1 The State of A.P., Rep by its Principal Secretary Revenue (Survey Settlement and Land Records) Secretariat, Hyderabad. The Revenue Divisional Officer, Rajampet, Division, YSR Kadapa District. The Mandal Tahsildar, Railway Kodur Mandal, YSR Kadapa District. The Mandal Surveyor, Railway, Kodur Mandal, YSR Kadapa District, A.P. 2. 3. 4. 5. ...RESPONDENTS/RESPONDENTS 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 vacate the interim order passed in W.P No. 40247 of 2016 dt. 22-11-2016. Counsel for the Petitioner: SRI A. CHANDRAIH NAIDU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondents No.5;SRI MUMMANENI SRINIVASA RAO & SRI I. GOPAL REDDY The Court made the following: ORDER V / / / APHC010764292016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3209] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.40247 of 2016 Between:- Bheema Venu Gopal Reddy Petitioner And The State of Andhra Pradesh and others Respondents Counsel for the petitioners Counsel for the respondents : Mr. A. Chandraiah Naidu : Government Pleader for Revenue Mr. S. Srinivasa Rao Mr. I. Gopal Reddy \ This Court made the following: ORDER: Heard the learned counsel for the petitioner, learned Assistant Government Pleader Mr. Siva Prasad, Official respondents and Mr. Srinivasa Rao learned counsel representing the unofficial respondents. Also heard the representing the and Mr.I.Gopal Reddy, 2) The Writ Petition is filed seeking to declare the action of the official respondents 3 and 4 in resorting to form / show a road from Sy.No.116 to 137 of O.Kothapalli Village, Railway Kodur Mandal, YSR Kadapa District, as illegal, arbitrary, without power or authority, contrary to Section 10 of A.P. Survey and Boundaries Act, 1923, apart from violation of principles of natural justice and for consequential directions. 3) Learned counsel for the petitioner made submissions, inter alia, to the effect that the petitioner is the owner and possessor of agricultural lands situate in Sy.Nos.119/2C, 126/1, 126/2, 127/1 & 133 of O. Kothapalli Village Accounts and the concerned Tahsildar had issued Pattadar Passbook and Title Deed in respect of the same. He submits that the petitioner’s name is reflected in 1-B Form etc. Be that as it may. He submits that as the respondent authorities, under the guise of Notice dated 31.10.2016, wanted to form a road to the lands of the 5‘^ respondent through the petitioner’s patta land and as the same is without 3 being due opportunity to the petitioner, much less by following due process, the petitioner is constrained to file the present Writ Petition. 4) Referring to the averments made in the counter affidavit filed by the 3'''^ respondent he submits that for the purpose of any easement rights, the 5‘^ respondent has to seek recourse to the remedies available under the appropriate enactment and, at any rate, interfering with the petitioner’s patta lands is not tenable in Law. submissions, the learned counsel seeks relief as prayed for. Making the said 5) Learned counsel representing the unofficial respondents, on the other hand made submissions with reference to the averments made in the counter affidavit and more particularly para No.4 and 6. He submits that the petitioner having sought time vide letter dated 07.11.2016 pursuant to the Notice dated 31.10.2016 filed the Writ Petition and obtained interim orders. He submits that in view of the interim orders granted by the Court, the 5*^ respondent is put to serious prejudice and irreparable loss. Learned Assistant Government Pleader made submissions with reference to the averments made in the counter affidavit. Denying the contentions that the petitioner is the absolute owner of the subject matter lands situate in various survey numbers as claimed by the petitioner, he further submits that on the premise that he is the absolute owner, is not 6) 4 \ I allowing the other neighbouring owners to make use of the rasthas which are meant for community purposes, he submits that there are no merits in N the writ petition and the same is liable to be dismissed. 7) Learned counsel for the petitioner though sought to made further submissions with reference to the reply affidavit, this Court on considering the submissions made, deems it not necessary to examine the matter in detail with reference to the title or ownership of the petitioner over the land situated in various survey numbers referred to above. It may be appropriate to mention here that in the affidavit except mentioning the survey numbers, the petitioner has not specifically stated the extents of the land, which are his properties and it is fatal. Be that as it may. 8) On an appreciation of the submissions made, the root cause for the grievance of the petitioner is issuance of Notice dated 31.10.2016. Interestingly, the petitioner has not challenged the said notice. It is settled law that the writ petition against a notice is not sustainable unless it is established that the notice issued is without jurisdiction or issued with mala tides or that the same is contrary to law. In the absence of the same, the same cannot be declared as invalid. 9) This Court, however, instead of going into the said aspects, deems rd it appropriate to dispose of the writ petition with a direction to the 3 respondent to issue appropriate notice in terms of the A.P. Survey and 5 f Boundaries Act, 1923 to the petitioner, the 5^^ respondent and also to the other interested parties and conduct a survey strictly in accordance with law, as expeditiously as possible, within a period of four weeks from the date of receipt of a copy of this Order. It is needless to observe that the survey report shall be furnished to the respective parties. Till the survey directed above is conducted, the interim order granted by this Court shall continue. 10) With the above direction, the Writ Petition is disposed of. No costs. 11) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Survey Settlement and Land Records), State of Andhra Pradesh, Secretariat, Velagapudi 2. The Revenue Divisional Officer, Rajampet, Division, YSR District. 3. The Mandal Tahsildar, Railway Kodur Mandal, YSR 4. The Mandal Surveyor, Railway, Kodur Mandal, YSR Kadapa A.P. 5. One CC to Sri A. Chandraih Naidu, Advocate [OPUC] 6. One CC to Sri Mummaneni Srinivasa Rao, Advocate [OPUC] 7. One CC to Sri I. Gopal Reddy, Advocate[OPUC] 8. Two CCS to GP for Revenue, High Court of Andhra 9. Three CD Copies. Guntur. Kadapa Kadapa District. District, Pradesh. [OUT] ssb ssb HIGH COURT DATED:03/01/2025 ORDER WP.No.40247 of 2016 DISPOSING OF THE W.P. WITHOUT COSTS