APHC010585502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30332/2025 Between: 1. NAGISETTI ANJANEYULU, S/O. NAGENDRA RAO, AGED 67 YEARS, OCC. CULTIVATION, R/O. AVULAVARIPALEM VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATIA DISTRICT AT BAPATIA, ERSTWHILE GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BAPATIA DIVISION BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. 4. THE DISTRICT REVENUE OFFICE, BAPATIA, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. 5. THE TAHSILDAR, KOLLURU MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. 6. THE MANDAL SURVEYOR, KOLLURU MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. 7. THE VILLAGE SURVEYOR, KOLLURU VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. 8. EXECUTIVE AUTHORITY CUM PANCHAYAT SECRETARY, KOLLURU GRAM PANCHAYAT, KOLLURU MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT. ...RESPONDENT(S): 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 2 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent Nos. 5 to 8 in insisting the Petitioner to vacate from his private tank land admeasuring Ac. 5.44 Cents covered by Sy.No.237, of Kolluru Village and Mandal, Bapatla District, Erstwhile Guntur District, under the premise of survey being carried out upon the application made by the 8th Respondent, without considering Petitioners objections submitted on 17.10.2025, in violation of law laid down by the Division Bench of this Honble Court in Manthena Praveen Kumar Versus State of Andhra Pradesh- WA.No.819 of 2024 2025 SCO Online AP 1943 as illegal, irregular, irrational and violative of provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and Rules framed there under and offends Articles 14, 21 and 300-Aof the Constitution of India and consequently direct the Respondents particularly Respondent Nos.5 to 8 not to interfere in any manner with Petitioners peaceful possession over his said land except in accordance with law and pass IA NO: 1 OF 2025 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 suspend the operation of Survey Notice, dated 15.10.2025 issued by the 6th Respondent and consequently direct the Respondent Nos.5 to 8 not to interfere in any manner with Petitioners peaceful Possession over his private tank land admeasuring Ac. 5.44 Cents covered by Sy.No.237 of Kolluru Village and Mandal, Bapatla District, Erstwhile Guntur District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of Respondents particularly Respondent Nos. 5 to 8 in insisting the Petitioner to vacate from his private tank land admeasuring Ac. 5.44 Cents covered by Sy.No.237, of Kolluru Village and Mandal, Bapatla District, Erstwhile Guntur District, under the premise of survey being carried out upon the application made by the 8th Respondent, without considering Petitioners objections submitted on 17.10.2025, in violation of law laid down by the Division Bench of this Hon’ble Court in Manthena Praveen Kumar Versus State of Andhra Pradesh-WA.No.819 of 2024 2025 SCO Online AP 1943 as illegal, irregular, irrational and violative of provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and Rules framed there under and offends Articles 14, 21 and 300-Aof the Constitution of India and consequently direct the Respondents particularly Respondent Nos.5 to 8 not to interfere in any manner with Petitioners peaceful possession over his said land except in accordance with law and pass, and pass….” 2. Heard M/s Pala Karthi Kiran, learned counsel for the petitioner, learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submitted that the respondent authorities have initiated survey proceedings and accordingly issued notice on 15.10.2025 and the petitioner has submitted an explanation on 17.10.2025. Without considering the objections, the respondent authorities now trying to dispossess the petitioner from the subject property at the behest of respondent no.8 Gramapanchayat. 4 4. Learned Assistant Government Pleader appearing for respondents, on instructions, has submitted that the respondents have not concluded the survey. As the petitioner has encroached the ‘cheruvu poramboku’, the authorities decided to survey the land before initiating any action. Apprehending the said action, the petitioner approached this Court. 5. Considering the said submissions, this Court is not inclined to entertain the Writ Petition at this stage. As the petitioner has already submitted his objections to the survey, the respondents may conduct survey by considering the objections filed by the petitioner on 17.10.2025 and after completing the survey, the respondent may follow due process of law. Till such time, the respondents are directed not to interfere and not to dispossess the petitioner from the subject property. 6. With the above observation, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 20.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.30332 OF 2025 20.11.2025 RD