APHC010479302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24548/2025 Between: 1. MEKALA SRINIVASA RAO, S/O. SAMBALAH, AGED 56 YEARS, OCC AGRICULTURE, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. MEKALA HANUMANTHA RAO, , S/O. SAMBALAH, AGED 54 YEARS, OCC AGRICULTURE, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, , TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.3. 4. THE MANDAL SURVEYOR, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 5. CHUKKA BHAGAVANTHUDU, S/O. NARASIMHA RAO, AGED MAJOR, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 6. CHUKKA VENKATESWARA RAO, , S/O. RAGHAVAIAH, AGED MAJOR, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 7. CHUKKA SRINIVASA RAO, , S/O. SAMBAIAH, AGED MAJOR, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: <to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd and the 4th respondents in conducting the survey on 16.09.2025 to fix boundaries in respect of the land in Sy.No.117/1 (Old S.No.l-A) of Kolanukonda Village, Tadepalli Mandal, Guntur District, pertaining to the dispute between the petitioners and respondents 3 to 5, in O.S. No. 324 of 2024 on the file of the Court of the PrI. Civil Judge (Junior Division), Mangalagiri as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India, consequentially direct the 3rd and the 4th respondents not to conduct survey to be scheduled on 16.09.2025 to fix boundaries in respect of the land in Sy.No.117/1 (Old S.No.l-A) of Kolanukonda Village, Tadepalli Mandal, Guntur District, pertaining to the dispute between the petitioners and respondents 3 to 5, till the disposal of O.S. No. 324 of 2024 on the file of the Court of the PrI. Civil Judge (Junior Division), Mangalagiri and to pass….= 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioners is that the petitioners are the absolute owners and possessors of agricultural dry land admeasuring to an extent of Ac.2.24 cents in Sy.No.117/1 (Old Sy.No.1-A), situated at Kolanukonda Village, Tadepalli Mandal, Guntur District, having acquired the said land through registered sale deeds. 4. The learned counsel for the petitioners submits that the petitioners have instituted O.S.No.324 of 2024 before the Court of the Principal Civil Judge (Junior Division), Mangalagiri, against the unofficial respondent Nos.5 to 7, seeking for a decree of permanent injunction restraining the unofficial respondents from interfering with the peaceful possession and enjoyment of their subject land. He further submits that, while the said suit is pending for consideration before the Court below, the unofficial respondents/defendants submitted applications through Mee-Seva to the respondent No.3/Tahsildar, seeking for conducting the survey and fixation of boundaries, by suppressing the fact of the pending suit. Pursuant to the application of the unofficial respondents, the 4th respondent/Mandal Surveyor issued notice under Form 26 dated 02.09.2025 to conduct survey on 16.09.2025. He further contends that by suppressing the pendency of the suit for permanent injunction before the Court below, the unofficial respondents/defendants are trying to alter the boundaries and thereby deprive the petitioners/plaintiffs of their rights over the subject property. Hence, the present writ petition. 5. On the other hand, the learned Government Pleader for the respondents submits that the notice issued by the 4th respondent dated 02.09.2025 for conducting survey pursuant to the application of Kunchanapalli Sri Chukka Srinivasa Rao, relates only to land admeasuring to an extent of Ac.2.10 ½ cents in Sy.No.117/8A, B, and C, but not to an extent of Ac.2.24 cents in Sy.No.117/1 (Old Sy.No.1-A), situated at Kolanukonda Village, Tadepalli Mandal, Guntur District, as alleged by the petitioners. Therefore, the survey in Sy.No.117/8A, B, and C cannot be interfered with. 6. Considering the submissions made by both the learned counsel for the petitioners 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, as contended by the learned counsel for the petitioners, the petitioners instituted the suit in O.S.No.324 of 2024 before the Court of the Principal Civil Judge (Junior Division), Mangalagiri seeking for permanent injunction in respect of land admeasuring to an extent of Ac.2.24 cents in Sy.No.117/1 (Old Sy.No.1-A), situated at Kolanukonda Village, Tadepalli Mandal, Guntur District. On perusal of the notice issued by the 4th respondent dated 02.09.2025, it is clearly and categorically stated that the proposed survey is confined only to Sy.No.117/8A, B, and C. In view of the survey being proposed only in respect of Sy.Nos.117/8A, B, and C, the petitioners could not have any grievance with regard to the said survey. The contention that, under the guise of the notice dated 02.09.2025, the respondent Nos.3 and 4 may proceed to conduct survey in respect of Sy.No.117/1 (Old Sy.No.1-A) of the petitioners is not valid and contrary to the facts on hand. Therefore, this Court is inclined to direct the respondent Nos.3 and 4 to proceed further with the survey as usual pursuant to the notice issued by the 4th respondent dated 02.09.2025 in respect of land in Sy.Nos.117/8A, B, and C, but directed not to conduct any survey if proposed in respect of Sy.No.117/1 (Old Sy.No.1-A), which is the subject matter of pending suit for permanent injunction before the Court below, without following due process of law as contemplated under the provisions of the A.P. Survey and Boundaries Act, 1923. 7. The learned Government Pleader is specifically directed to communicate the order of this Court to the respondents. 8. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 12.09.2025 klk 200 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24548 of 2025 12.09.2025 kkllkk