APHC010368422023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19009/2023 Between: 1. K DASARATHA RAMI REDDY, S/O VENKAT KRISHNA REDDY, AGE 58YEARS, R/O. MUTTARASPALLI VILLAGE , CHINNACHOWK AREA KADAPA MANDAL, YSR DISTRICT, ANDHRA PRADESH. 2. K. VENU MADHAV,, S/O VENKAT KRISHNA REDDY, AGE 54 YEARS, RIO. MUTTARASPALLI VILLAGE , CHINNACHOWK AREA KADAPA MANDAL, YSR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF LAND ADMINISTRATION, , GOVERNMENT OF ANDHRA PRADESH, D. NO. 22-19 FLOOR-II, BLOCK A, JASTHI TOWERS, SAI PURAM COLONY ROAD, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, KADAPA. 4. THE DISTRICT COLLECTOR, YSR DISTRICT, KADAPA. 5. THE TAHSILDAR, KADAPA MANDAL, YSR 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 appropriate Writ , direction or order more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in not conducting the survey in Survey no 696/5 to an extent of Ac.0.26 cents and Land in Survey No. 703/4 to an extent of Ac. 0.23. cents of Chinna Chowk village in Kadapa Mandal as illegal arbitrary, unconstitutional , null and void and consequently direct the Respondents to conduct the Survey in respect of land in Survey No. in 696/5 to an extent of Ac.0.26 cents and Land in Survey No. 703/4 to an extent of Ac. 0.23. cents of Chinna Chowk village in Kadapa Mandal and pass IA NO: 1 OF 2023 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 direct the respondents to conduct the survey in Survey No. in 696/5 to an extent of Ac.0.26 cents and Land in Survey No. 703/4 to an extent of Ac.0.23 cents of Chinna Chowk village in Kadapa Mandal 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 grant leave to the Respondent No.5 in the Writ Petition No.19009 of 2023 to file counter affidavit in the Writ petition and pass IA NO: 2 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 may be pleased to grant leave to file the reply affidavit in W.P.No. 19009 of 2023 on the file of this Hon’ble Court and pass Counsel for the Petitioner(S): 1. JANDHYALA PARTHASARADHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19009 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue appropriate Writ, direction or order more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in not conducting the survey in Survey No.696/5 to an extent of Ac.0.26 cents and Land in Survey No.703/4 to an extent of Ac.0.23 cents of Chinna Chowk village in Kadapa Mandal, as illegal, arbitrary, unconstitutional, null and void and consequently direct the Respondents to conduct the Survey in respect of land in Survey No.696/5 to an extent of Ac.0.26 cents and Land in Survey No. 703/4 to an extent of Ac.0.23 cents of Chinna Chowk village in Kadapa Mandal and pass such other order or orders…” 2. The present writ petition is filed aggrieved by the action of the respondents in not conducting survey in Survey No.696/5 to an extent of Ac.0.26 cents and Survey No.703/4 to an extent of Ac.0.23 cents of Chinna Chowk village in Kadapa Mandal. 3. Heard Sri J.Partha Saradhi, learned counsel for petitioners and learned Government Pleader for Revenue for respondents. 4. Respondent No.5 filed counter-affidavit, the counter outlines that the Mandal Surveyor has reported that the petitioners have not provided clear title or supporting documents for their rights over the subject lands, interalia observed that the property stood in the name of petitioners’ ancestors. 5. Such a statement on the face of it fortifies the petitioners’ claim rather than weaken it, for title vested in the petitioners’ ancestors necessarily ensures to the benefit of the petitioners as their legal successors unless divested in accordance with law. The respondents’ own assertion therefore implicitly corroborates the petitioners’ title. 4 6. The said assertion clearly indicates that in order to harass the petitioners, respondents have not chosen to conduct survey and such an action on the part of the respondents is legally untenable. 7. On perusal of the counter-affidavit, it is also indicates that the petitioners herein earlier filed W.P.No.5013 of 2021 and the same was disposed of directing the respondents therein to conduct survey in accordance with law, by following due procedure. Accordingly, a notice vide reference NoA/202/2021, dated 06.11.2021, was served to the petitioners and there is no response from the petitioners, as such, they are unable to conduct the survey. 8. The same was denied by the petitioners by way of reply-affidavit. 9. Therefore, the present Writ Petition is disposed of, directing the petitioners herein to submit all documents to the Mandal Surveyor. On submitting the documents, respondent authorities, more particularly Mandal Surveyor, is directed to conduct survey within a period of four (04) weeks from the date of filing of all the documents by the petitioners. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.12.2025 Note: Issue C.C.by one week b/o KBN 5 166 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19009 of 2023 Date: 03.12.2025 Note: Issue C.C.by one week b/o KBN