"I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9864 OF 2n2fi cv. Between: Dodia Pattabirami Reddy, S/o Subba Reddy, Aged about 61 years, R/o. 3-1-9/3, R I Road, Alluru, Nellore, SPSR Nellore District. ...PETITIONER ’ 4AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, AP Secretariat, Velgapudi, Arnaravati, Guntur District 2. The District Collector, Nellorli ‘SPSR Nellore District. 3. The Revenue Divisionai^OYfieef; Kandukur Sub division, SPSR Nellore District. 4. The Tahsildar, Kondapuram Mandal, SPSR Nellore District. 5. The Mandal Surveyor, Kondapuram Mandal SPSR Nellore District. 6. Padarla Thimothi @ ThfimuHhy; S/o Kondaiah, Aged about 56 Gottigundala Village, Kondapuram Mandalam, SPSR Nellore District. ...RESPONDENTS years. Petition under Article 226' of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, One'In the nature of a WRIT OF MANDAMUS or any other appropriate Writ, direction or Order declaring the action of the respondent in issuing the notice vide Rc.D no.154 of 2024 dated 11.04.2025 for conducting the survey and fixing the boundary stones for may an extent of admeasuring with an extent of Ac.1.41 cents in Sy.no.324-4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District as illegal, arbitrary and violative of principles of natural justice, and consequently direct the respondents not to conduct the survey and fix the boundaries of land admeasuring with an extent of Ac. 1.41 cents in Sy.no.324- 4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District. lA 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 notice vide Rc.D no.154 of 2024 dated 11.04.2025 to conduct the survey and fix the boundaries to the land admeasuring Ac.1.41 cents in Sy.no.324-4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District pending disposal of the above writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.o.— The Court made the following: ORDER . !«V ' APHC010197082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9864/2025 Between: Dodia Pattabirami Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: VENKATESWARLU NIMMAGADDA,J THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIVIiVIAGADDA WRIT PETITION NO:9864/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue a Writ, One in the nature of a WRIT OF MANDAMUS or any other appropriate Writ, Direction or Order declaring the action of the respondent in issuing the notice vide Rc.D.no.154 of 2024 dated 11.04.2025 for conducting the survey and fixing the boundary stones for an extent of admeasuring with an extent of Ac. 1.41 cents in Sy.no. 324-4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents not to conduct the survey and fix the boundaries of land admeasuring with an extent of Ac. 1.41 cents in Sy.no. 324-4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District and to pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.41 cents in Sy.No.324-4 of Gottigundala Village, Kondapuram Mandal, SPSR Nellore District having acquired the same through his ancestors. Since the date of acquisition, the petitioner has been in peaceful possession and enjoyment of the subject property. Later, in view of his possession, the revenue authorities mutated the name of the petitioner in the revenue records 3. and issued pattadar pass book in his favour. While things stood thus respondent No.6, who is claiming the subject property submitted application dated 06.01.2024 to the respondent No.4 requesting to conduct survey and fix the boundaries in respect of the subject property. Accordingly, the respondent No.4 issued notices and petitioner has attended the an survey and submitted all the relevant documents proving his title over the subject property. Even after receipt of the objections to the notice, the respondent No.4 did not pass any orders on the application submitted by respondent No.6. For which, respondent No.6 herein filed a writ petition vide W.P.No.8325 of 2024 praying to conduct survey in respect of the subject land inspite of the receipt of the application dated 06.01.2024 submitted by the respondent No.6, wherein, this Court was pleased to pass an order directing the respondents to conduct survey and fix the boundaries in respect of the subject land by issuing notices to the petitioner and other neighboring landholders as identified as necessary parties. Pursuant to which respondent No.4 issued notices to all the parties concerned and after conducting detailed enquiry and objections issued an endorsement dated 18.07.2024 rejecting the claim of the petitioner that to conduct the survey and to fix the boundaries in respect of the subject property in view of the fact that as the revenue records reflects the name of the petitioner’s mother-in-law. But to the surprise of the petitioner, respondent No.4 herein again issued notice dated 11.04.2025 directing the petitioner to attend the proposed survey on 19.04.2025. The issuance of present notice is contrary to an endorsement of rejection dated 18.07.2024 , as such, the respondent No.4 has no power to review his own order. Hence, the present writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 17.04.2025, wherein, it is stated that the \ \ notice dated 11.04.2025 is issued to conduct re-survey of the land i Sy.No.324-4 to in an extent of Ac.5.26 cents of Gottigundala Village purely remove the excess extent of land recorded in web adangal in compliance of the orders of District Revenue Officer and endorsement dated 18.07.2024. to not as an action of review the 5. Having regard to the submissions made by the learned petitioner and learned Government Pleader counsel for the for the respondents and on perusal of the material placed on record and without going into the merits of the case that this Court is of the considered view that the present writ petition more particularly, respondent survey in respect of the subject can be disposed of, directing the respondents No.4 herein to proceed further with regard to property in compliance of the order of appellate authority, by following process of law and by serving notices to all the due parties concerned as per Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923. On conducting such survey, the respondents are directed to submit or communicate the report to all the parties concerned within a reasonable time. 6. With the above directions, the writ be no order as to costs. petition is disposed of. There shall Uonsequentiy, Misceiianeous Petitions, if any, pending in the writ petition shall stand closed. .i Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// i' !f SEC N OFFICER / To 1- The PrI. Secretary, Revenue Department, State of Andhra Secretariat, Velgapudi, Amafavati, Guntur District 2. The District Collector, Nellore; SPSR Nellore District. The Revenue Divisional Officer, Kandukur Sub division District. The Tahsildar, Kondapuram Mandal, SPSR Nellore The Mandal Surveyor, Kondapuram Mandal SPSR dne CC to Sri Sivaprasad Reddy Venati, Advocate Two CCs to GP for Revenue, High Court of Andhra Three CD Copies. Pradesh, AP 3. , SPSR Nellore 4. District. \ Nellore District. [OPUC] Pradesh. [OUT] 5. 6. 7. 8. 1“ f' ssb high court DATED:29/04/2025 \ I ? n AUG m s ■ Current Section order WP.No.9864 of 2025 O disposing of the w. p. WITHOUT COSTS