APHC010465862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 23647/2025 Between: 1. VELISETTY RAMA DASU, S/O. VENKATA RAYUDU, AGED ABOUT 70 YEARS, OCC- RETIRED EMPLOYEE, R/O. PLOT NO.218, SAI PRIYANKA LAYOUT, GOKAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 4. THE TAHSILDAR, JAGGAMPETA, JAGGAMPETA MANDAL, KAKINADA DISTRICT. 5. THE MANDAL SURVEYOR, JAGGAMPETA MANDAL, KAKINADA DISTRICT. 6. THE VILLAGE SURVEYOR, SACHIVALAYAMNO.L, JAGGAMPETA, KAKINADA DISTRICT. 7. THE STATION HOUSE OFFICER, JAGGAMPETA POLICE STATION, JAGGAMPETA, JAGGAMPETA MANDAL, KAKINADA DISTRICT. 8. SMT A KAMESWARI, VILLAGE SURVEYOR, SACHIVALAYAM NO.I, JAGGAMPETA KAKINADA DISTRICT. 9. VEROTHI GANGA BHAVAI, W/O. PENTAIAH, AGED ABOUT 45 YEARS, R/O, JAGGAMPETA, KAKINADA DISTRICT. 10. K NOOKARAJU, S/O. RAJU, AGED 59 YEARS, R/O. D.NO.2-2-5, 0PP. DURGA TEMPLE, GOKAVARAM ROAD, JAGGAMPET, KAKINADA DISTRICT. 11. M KAMESWARA RAO, S/O. APPALA RAJU, AGED 48 YEARS, R/O. KAKULAPALEM VILLAGE, GOKAVARAM MANDAL, KAKINADA DISTRICT 12. YANAMANDALA RAMA KRISHAN, S/O. RAJABBAI, AGED 48 YEARS, R/O. D.NO.5-7-8-27, MALIKARJUNA NAGAR, KORUKONDA ROAD, RAJAHMUNDRY. 13. MARAGONI SATAYYA, S/O. CHENNA MALAYYA AGED 40 YEARS, R/O. D.NO.5-105, GOLLAGUDEM, CHANDRU MANDAL, NALGONDA DISTRICT, TELANGANA STATE. 14. THE JAGGAMPETA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, JAGGAMPETA, JAGGAMPETA MANDAL, KAKINADA DISTRICT. ...RESPONDENT(S): This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No. 4 to 7 in interfering with the land of the petitioner to determine ownership and possession under the guise of survey disregarding injunction orders in OS No.48/2018 on the file of Senior Civil Judge, Pedapuram with a mala-fide intention to induct the unofficial respondents in the possession of petitioners property is illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents No. 2 to 7 not to interfere with the land of the petitioner situated in an extent of Ac. 0.06 cents in Sy. No.161/1 and 161/2, Jaggampeta Village and Mandal, Kakinada District and to pass…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land admeasuring Ac.0.11 cents in Sy.No.161/1 of Jaggampeta Village, Kakinada District, having acquired the same from his vendor under a registered sale deed dated 27.12.1984. He further submits that out of the total extent of Ac.0.11 cents, an extent of Ac.0.05 cents situated on the eastern side was encroached upon by respondent Nos.9 and 10, who have constructed a compound wall thereon. Aggrieved thereby, the petitioner instituted O.S.No.48 of 2018, and upon consideration, the Court below was pleased to grant an interim injunction in respect of the subject property in I.A.No.400 of 2018, by order dated 11.04.2018, on the file of the learned Senior Civil Judge, Peddapuram. Subsequently, the said interim injunction was made absolute. Thereafter, the Court below appointed an Advocate Commissioner to localise and measure the plaint schedule property with the assistance of the Mandal Surveyor, vide orders dated 10.10.2022 passed in I.A.No.95 of 2022. Pursuant thereto, the Advocate Commissioner, along with the Mandal Surveyor, Jaggampeta, conducted a survey of the subject land and found that the petitioner’s land had been encroached upon by third parties. He further submits that despite the survey conducted pursuant to the orders of the Civil Court and the submission of the Advocate Commissioner’s report, the respondent authorities issued a notice dated 05.07.2025 under Sections 15(1) and 22 of the A.P. Land Survey and Boundaries Act, 1923, based on an application made by third parties seeking fixation of boundaries in respect of the subject property. The petitioner was directed to appear on 10.07.2025. In response thereto, the petitioner submitted his objections, and the matter is still pending consideration. Even so, the respondent authorities are attempting to interfere with the peaceful possession and enjoyment of the subject property. Hence the present writ petition. 4. The contention of the petitioner is that when an injunction order protecting the petitioner’s rights is subsisting, when a survey has already been conducted through an Advocate Commissioner appointed by the Civil Court, and when the matter is pending final adjudication before the competent Civil Court, the respondent authorities are not entitled to entertain an application filed by third parties for re-survey or fixation of boundaries, in violation of the subsisting orders of the Civil Court. 5. In view of the aforesaid circumstances, and inasmuch as the survey has already been conducted through an Advocate Commissioner and the unofficial respondents are parties to the civil suit, this Court is of the considered view that the writ petition deserves to be allowed by setting aside the impugned notice dated 05.07.2025 issued by the respondent authorities. However, liberty is granted to the unofficial respondents to pursue their remedies before the competent Civil Court, if they have any grievance. 6. Accordingly the writ petition is allowed. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 03.12.2025 klk 379 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.23647 of 2025 03.12.2025 kkllkk