APHC010553132025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N BETWEEN: 1. P SUSEELAMMA, W/ YEARS, OCC: VILLAGE, VADAMALAPET MANDAL, TIRUPATI DISTRICT. 2. . P RAVI, S/o. P. VENKAT REDDY, AGED ABOUT 45 YEARS, OCC. CULTIVATION, R/ VADAMALAPET MANDAL, TIRUPATI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE) DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, TIR 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI, TIRUPATI DISTRIET, ANDHRA PRADESH. 4. THE TAHSILDAR, VADMALAPETA MANDAL, VADAMALAPETA, TIRUPATI DISTRICT. 5. CHUKKA GOPI, S/O.SIVARAMAIAH, AGED YEARS, OCC. CULTIVATION, R/O. KALLURU GRAMA PANCHAYAT, VADAMALAPETA, TIRUPATI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 28814/2025 P SUSEELAMMA, W/o. P. VENKAT REDDY, AGED ABOUT 62 : HOUSEWIFE, R/o. T. C AGRAHARAM VILLAGE, VADAMALAPET MANDAL, TIRUPATI DISTRICT. . P. VENKAT REDDY, AGED ABOUT 45 YEARS, OCC. CULTIVATION, R/o. T. C AGRAHARAM VILLAGE, VADAMALAPET MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE) DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR THE JOINT COLLECTOR, TIRUPATI. TIRUPATI DISTRICT. THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI, TIRUPATI DISTRIET, ANDHRA THE TAHSILDAR, VADMALAPETA MANDAL, VADAMALAPETA, TIRUPATI DISTRICT. CHUKKA GOPI, S/O.SIVARAMAIAH, AGED ABOUT 47 YEARS, OCC. CULTIVATION, R/O. KALLURU GRAMA PANCHAYAT, VADAMALAPETA, TIRUPATI DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE SEVENTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO . P. VENKAT REDDY, AGED ABOUT 62 . T. C AGRAHARAM VILLAGE, VADAMALAPET MANDAL, TIRUPATI DISTRICT. . P. VENKAT REDDY, AGED ABOUT 45 YEARS, AGRAHARAM VILLAGE, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE) DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR UPATI. TIRUPATI DISTRICT. THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI, TIRUPATI DISTRIET, ANDHRA THE TAHSILDAR, VADMALAPETA MANDAL, ABOUT 47 YEARS, OCC. CULTIVATION, R/O. KALLURU GRAMA PANCHAYAT, VADAMALAPETA, TIRUPATI DISTRICT. ...RESPONDENT(S): 2 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 or any other appropriate writ declaring that the inaction of the respondents in not conducting the survey with respect to land in an extent of Ac.4.47 cents in Sy.No.76/4 of Kallur Village, Vadmalapet Mandal, Tirupati District, as arbitrary, illegal, unconstitutional and violative of Article 300- A of constitution and consequently direct the respondents herein to conduct survey the petitioner's land in an extent of Ac.4.47 cents in Sy.No.76/4 of Kallur Village, Vadmalapet Mandal, Tirupati District and grant Counsel for the Petitioner(S): 1. M BALANAGA SRINIVAS 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 for the following relief/s: “to issue a Writ of Mandamus or any other appropriate writ declaring that the inaction of the respondents in conducting the survey with respect to land in an extent of Ac.4.47 cents in Sy.No.76/4 of Kallur Village, Vadmalapet Mandal, Tirupati District, as arbitrary, illegal, unconstitutional and violative of Article 300-A of constitution and consequently direct the respondents herein to conduct survey the petitioner’s land in an extent of Ac.4.47 cents in Sy.No.76/4 of Kallur Village, Vadmalapet Mandal, Tirupati District and grant such other relief as it deems fit in the circumstances of the case.….. 2. The petitioners’ counsel submits that the petitioners are cultivating a total extent of Ac.4.47 cents in Sy.No.76/4 of Kallur village, Vadmalapet Mandal, Tirupati District and eking out their livelihood. The petitioners are totally depended on the said land and the 2nd petitioner herein is desirous to settle the land in favour of his sons and he had applied for a survey of his land to an extent of Ac.4.47 cents in Sy.No.76/4, Kalluru Revenue village, Vadamalapeta Mandal, Tirupati District, through AP online vide challan No.AP-II 04935887 Dt.04.08.2025, and paid requisite fee for Surveying the land. 4 3. The petitioners’ counsel further submits that the Surveyor, Grama Sachivalayam has informed the petitioners that the survey cannot be conducted as the 5th respondent has filed a representation objecting to the survey on the ground that Appeal No.487 of 2023 is pending before the Commissioner (Appeals), Chief Commissioner of Land Administration (CCLA), A.P. 4. It is further submitted that the said action of the 4th respondent is arbitrary, illegal, unconstitutional and the petitioners got issued a registered legal notice dated 03.09.2025 through their counsel requesting the 4th respondent to conduct a survey and submitted that there is no impediment to conduct survey of the land as there are no adverse orders passed against the 1st petitioner herein by any Court or Revenue Tribunal and submitted that the title of the 1st petitioner was upheld in all the proceedings conducted by the Revenue Authorities, as such, conduct of survey has no bearing on the result of the Appeal and no prejudice would be caused to the 5th respondent herein and the 4th respondent has not chosen to reply to the legal notice dated 03.09.2025 got issued by the petitioners. The counsel for the petitioners further submitted that at present the land is fallow and agricultural operations have not commenced, and it is the right time to survey the land and if any further delay is caused, agricultural operations will commence and it will not be possible to survey the land, 5 and the petitioners will face severe hardship. Hence, aggrieved by the inaction of the 4th respondent the petitioners are constrained to file the present writ petition seeking indulgence of the Court. 5. Learned counsel for the petitioners would submit that the scheme of the Andhra Pradesh Survey and Boundaries Act, 1923 would make it clear that it is mainly entitled for the purpose of identification of land and fixation of boundaries. There is also remedy under Section 11 of the said Act, the appellate authority constituted under Act, and that if any person evicted by a possession may appeal to the prescribed officer. If survey is sought by a person, prescribed notice should be served on all the parties interested and in particular on the registered document holders of the land and the concerned official should conduct survey and demarcate boundaries in their presence. 6. Learned Assistant Government Pleader submitted that as per the written instructions provided by the Tahsildar, Vadamalapet Mandal, the respondent authorities are unable to conduct survey as the appeal is pending before the Commissioner (Appeals), CCLA, Mangalagiri, vide Ref.No.Assn.I/487/2023 for adjudication of title and assignment validity and a Writ Petition filed by the 1st petitioner herein, vide W.P. No.18273 of 2023 is pending before this Court, and this Court directed the respondent authorities to maintain status quo. 6 7. The written instructions does not indicate that any interim orders granted by the Commissioner (Appeals), There are no interim orders in the revision and in the Writ Petition No.18273 of 2023 against the petitioners herein, hence, there is no impediment to conduct survey. 8. Considering the submissions of both the counsel for the petitioners and learned Assistant Government Pleader for Revenue, without going into the merits of the case, the writ petition is disposed of directing the concerned authorities to consider the F-Line application bearing No FSNV012500804574 dated 04.08.2025 through Mee Seva submitted by the petitioner for conducting Survey, Sub-division, demarcating and fixing of boundaries of the petitioner lands by issuing notice to all concerned/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.10.2025 Harin 7 219 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 28814 OF 2025 Date: 17-10-2025 Harin