IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 10143 OF 202^ AMARAVATI NIMMAGADDA Between: Buddenbee, W/o. Late Mabu Sab. Aged 65 Gudibanda Mandal, Sri Sathya Sai District. years, R/o. Gudibanda Village ...Petitioner AND 1. The State of AP, Rep. by its Principal Secretary, r Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Tahsildar, Gudibanda, Sri Sathya Sai District. 3. The Mandal Revenue Inspector Sathya Sai District. 4. The Mandal Surveyer, O/o Tahsildar, Sai District. 5. S.R Mujibur. S/o. Rajak Sab, Panchayat Office Gudibanda vi District. 6. Shaik Amish Parvana, W/o. ‘ Panchayat Office, Gudibanda Sai District. Revenue Department, O/o Tahsildar, Gudibanda Mandal, Sri Gudibanda Mandal, Sri Sathya Aged about 55 years, R/o Near Old village.Gudibanda Mandal Sri Sathya Sai S.R Mujibur Aged 40 years, R/o. Near Old Village. Gudibanda Mandal Sri Sathya ...Respondents 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, order or direction more particularly one nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 in highhandedly attempting to conduct survey of the petitioners land in Sy.No.50-2B to may in the r an extent of 2.22 cents situated at Gudibanda Village Gudibanda Mandal Sri Sathya Sai District without issuing any notice. without adhering to any procedure contemplated under arbitrary and consequently direct the respondents survey in respet of the land in Sy.No.50-2B to an extent of 2.22 Cents situated at Gudibanda Village Gudibanda Mandal Sri Sathya Sai District. law is illegal. not to conduct any lA NO: 1 OF 202fi Petition under Section 161 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents No.2 to 4 may be not to interfere into the petitioners peaceful possession and enjoyment of land in Sy.No.50-2B to an extent of 2.22 Cents situated at Gudibanda Village Gudibanda Mandal Sri Sathya Sai District by restraining from conducting survey in the respect of subject land in Sy.No.50-2B to Gudibanda Village Gudibanda Mandal, Sri Sathya Sai District pending disposal of the above writ petition. an extent of 2.22 Cents situated at Counsel for the Petitioner: SRI N ASWARTHA NARAYANA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 7: -- The Court made the following: APHC010199232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10143/2025 Between: Buddenbee ...PETITIONER AND Thft State of AP and others = RESPONDENT(S) Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 A THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 10143/20?^ NIMMAGADDA ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; issue a Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the Respondent Nos. 2 to 4 in highhandedly attempting to conduct of the petitioner’s land in Sy.No.50-2B to an extent of 2.22 situated at Gudibanda Village, Gudibanda Mandal, District without issuing any notice, without adhering contemplated under law is illega! arbitral respondents not to conduct any survey in respect of the land in Sy.No.50-2B to an extent of 2.22 Cents situated at Gudibanda Village, Gudibanda Mandal, Sri Sathya Sai District and pass Heard learned counsel for the Government Pleader appearing for the respondents. one action of the survey cents Sri Sathya Sai to any procedure y and consequentiy direct the 2. petitioner and learned Assistant 3. The learned counsel for the petitioner submits become the owner of the subject iand through her husband. Since then, she has been in possession of the subject property. While things stood thus, on 11.04.2025, the 4'^ respondent along with other that the petitioner has succession after the demise of revenue authorities have visited the petitioner’s land and attempted to conduct survey in respect of land in Sy.No.50-2B to an extent of Ac.2.22 cents at Gudibanda Village, Gudibanda Mandal, Sri Satya Sai District any prior notice. Hence, the present Writ Petition. without issuing 3 40^ 4. The learned Assistant Government Pleader for the respondents furnished a copy of the written instructions issued by the 2''^ respondent vide Rc.No.164/2024/B, dated 23.04.2025, wherein, it is stated as hereunder; SI. IB Sy. No. Extent Name of the Pattadar Remarks No. No. Shaik Amish Parvana 1 1.62 2967 W/o. S.R. Mujibur 50-2C 2 0.30 3388 A.R. Samuvulla S/o Raiak Sab 3 0.30 3389 A.R. Jikriya S/o Rajak Sab Total • 2.22 “Further it is submitted that, one Smt. Shaik Ayesha Farhana W/o S.R. Mujibur, resident of Gudibanda Village has submitted a Public Grievance Redressal System (PGRS) Petition No. SSTS20250211526, dated: 11.02.2025 to the Distriqt Collector, Sri Sathya Sai District, Puttaparthy with a request to show F. Line boundary demarcation. With regard to the above PGRS petition, the Respondent in the present Writ Petition i.e, the Mandal Surveyor, Gudibanda has issued Notice dated: 10.4.2025 under A.P. Survey Boundary Act-1923, Section 15(1) and 22, in respect of the land in Sy. No. 52-2 of Gudibanda Village (in Surveyor Notice, by mistake and oversight the Survey Number is Mentioned by the 4^^ respondent as Sy.No. 52-2. Actually Smt. Shaik Ayesha Farhana has requested for F line boundary demarcation for the land in Sy. No. 50-2B of GudibandaVillage). The Notice has been served to Smt. Shaik Ayesha Farhana and adjacent farmers of the land in Sy. No. 50-2 of Gudibanda Village. On 11.04.2025 the Mandal Surveyor, Gudibanda has attended on the field, during the enquiry Smt. BCiden Bee W/o Mabu Sab (daughter-in-law of the assignee) has raised objection and she has submitted a copy of Orders of Hon'ble High Court of Andhra Pradesh in W.P. No. 27006/2024. The Petitioner in W.P. No. 27006/2024 is also Smt. Buddenbee W/o Mabu Sab. In this Writ Petition the Hon'ble High Court has issued orders/ directions in the above writ petition dated:22.1L2024 to the Respondent as follows: "2.Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the State. 3. Learned Assistant Government Pleader for Home on written instructions would submit that the preliminary enquiry reveals that the dispute between the petitioner and the unofficial respondents is a civil dispute and as such the Police will not interfere in the matter. 4 4. The submissions of the learned Assistant Government Pleader are placed on record. 5. In that view of the matter, no further orders are required in this writ petition. 6. Accordingly, the Writ petition is closed. No costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed".’’ Learned Assistant Government Pleader further submits that, in view of the specific application by the one of the land holder in Sy. No.50-2 of Gudibanda Village, the respondents are obligated to conduct survey, for which, the respondents issued notices to ail the neighboring land holders to the land in Sy.No.50-2 of Gudibanda Village, Gudibanda Mandal, Sri Satya Sai District. 5. He further submits that the survey would be conducted by following due process as contemplated under the Survey and Boundaries Act, 1923 (for short, “the Act”). 6. Considering the submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material available on record, this Court is of the considered view that the petitioner has no^ assigned any reasons as to why the survey should not be conducted or if survey is conducted, what prejudice will be caused to the petitioner for such survey, it is settled law that conducting of survey in respect of any land is only authenticating or identifying lands with clear boundaries and such action of the respondents in conducting survey is always for the betterment of the land holder for which survey is conducted. 7. 5 The anticipated grievance of the petitioner is that the survey may be conducted in the absence of petitioner and without issuing any notice to her. But, in the instant case, it appears that notices were already issued to the petitioner and other neighboring land holders. In view of the same, as long as the respondents are following due process as contemplated under the Act, there cannot be any prejudice from the neighbors. But, if any neighboring land holder intends to put forth his extent of land or to fix clear boundaries to the lands, he shall always has an opportunity to submit objections to the authority concerned who is surveying the land. Therefore, the petitioner is at liberty to submit objections, if any, to the authority concerned, in the event, if the survey is conducted by the respondents. After submission of such objections, the respondents shall consider the same and pass appropriate orders in accordance with law. Accordingly, the Writ Petition is disposed of. There shall be no order as 9. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ M petition shall stand closed. Sd/- K. SRINIVASA RAJU assistant R^ISTRAR SECTION OFFICER 1. The Principal Secretary, State of AP, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Tahsildar, Gudibanda, Sri Sathya Sai District. 3. The Mandal Revenue Inspector, O/o Tahsildar, Gudibanda Mandal, Sri Sathya Sai District. //TRUE COPY// To 4. The Mandal Surveyer, O/o Tahsildar, Gudibanda Mandal Sai District. Sri Sathya 5. S.R Mujibur, S/o. Rajak Sab. Aged about 55 years, R/o Near Old Panchayat Office Gudibanda village,Gudibanda Mandal Sri Sathya Sai District. 6. Shaik Amish Parvana, W/o. S.R Mujibur Aged 40 years, R/o. Near Old Panchayat Office, Gudibanda Village, Gudibanda Mandal Sai District. 7. One CC to SRI. N ASWARTHA NARAYANA, Advocate [OPUC] 8. Two CCS to GP FOR REVENUE, High Court Of Andhra [OUT] 9. Three CD Copies Sri Sathya Pradesh. sree HIGH COURT DATED:23/04/2025 ORDER WP.No.10143 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS