APHC010509442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26230 of 2025 Between: 1. LAMBU RAVI TEJA, S/O. LATE YACOBU, AGED ABOUT 65 YEARS, OCC SUB INSPECTOR OF POLICE (RETIRED), R/O. D.NO.3-413/1, HOUSING BOARD COLONY, LALACHERUVU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 2. LAMBU HARSHAVARDHAN, S/O LAMBU RAVI TEJA, AGED ABOUT 33 YEARS, OCC NIL, R/O. D.NO.3-413/1, HOUSING BOARD COLONY, LALACHERUVU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. LAMBU S. NAGIN, S/O. LATE RAVI TEJA, AGED ABOUT 51 YEARS, OCC HOUSEWIFE, R/O. D.NO.3-413/1, HOUSING BOARD COLONY, LALACHERUVU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY, IRRIGATION AND CAD (COMMAND AREA DEVELOPMENT) WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, NANDYALA DISTRICT, NANDYALA, (ERSTWHILE KURNOOL DISTRICT) 3. THE REVENUE DIVISIONAL OFFICER, NANDYALA DISTRICT, NANDYALA, (ERSTWHILE KURNOOL DISTRICT). 4. THE TAHSILDAR, CHAGALAMARRI MANDAL, CHAGALAMARRI, NANDYALA DISTRICT, (ERSTWHILE KURNOOL DISTRICT). 5. BANGI RAM PRASAD, S/O SUNKANNA, AGED ABOUT 40 YEARS, OCC ASSISTANT EXECUTIVE ENGINEER, O/O MI 2 DIVISION, M.V. NAGAR, ALLAGADDA, NANDYALA DISTRICT, (ERSTWHILE KURNOOL DISTRICT) ...RESPONDENT(S): 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent no.4 in issuing the survey notice by scribbling the Survey number as 576/1A of Peddabodhariam village, Chagalamarn Mandal, Nandyala District (Erstwhile Kurnool District) and the date on which the survey will be conducted on 26.09.2025 on the application alleged to have submitted by the Respondent no.5 who does not have jurisdiction without enclosing the application submitted by the Respondent No.5 despite 15.05.2025 which will cause damage to the crop conducting survey on existing in the land of the Petitioners as nothing but illegal, arbitrary. erroneous. highhanded and violative of Article 14,21 and 300A of The Constitution of India apart from The Rules and Regulations enumerated under The Surveys and Boundaries Act, 1923 and consequently direct the Respondent No.4 not to conduct the survey of the Petitioners Land. Counsel for the Petitioner(S): 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent no.4 in issuing the survey notice by scribbling the Survey number as 576/1A of Peddabodhariam village, Chagalamarn Mandal, Nandyala District (Erstwhile Kurnool District) and the date on which the survey will be conducted on 26.09.2025 on the application alleged to have submitted by the Respondent no.5 who does not have jurisdiction without enclosing the application submitted by the Respondent No.5 despite 15.05.2025 which will cause damage to the crop conducting survey on existing in the land of the Petitioners as nothing but illegal, arbitrary. erroneous. highhanded and violative of Article 14,21 and 300A of The Constitution of India apart from The Rules and Regulations enumerated under The Surveys and Boundaries Act, 1923 and consequently direct the Respondent No.4 not to conduct the survey of the Petitioners Land and pass such other order or orders ….” 2. Precisely, the present Writ Petition is filed to set aside the survey notice dated on 26.09.2025 issued by respondent no.4 to participate to survey the land in Sy.No.576/1A of Peddabodhariam village, Chagalamarn Mandal, Nandyala District (Erstwhile Kurnool District) on the application submitted by the Respondent no.5. 3. The petitioners contend that they purchased the lands in Survey Numbers 560, 562 and 574 in 2005, and the Revenue Department has issued them pattadar passbooks and title deeds, mutating their names and recording them as owners and possessors. They have been 4 cultivating these lands using K.C.Canal water. However, respondent No.5 has claimed ownership of 0.35 cents of land in Sy.No.575/4 (Khata No. 483), despite the land being dotted lands and lacking proper documents. Based on Mr.Sagar Reddy's application for a survey, respondent No. 4 issued a notice to the petitioners to participate in the survey. The petitioners’ counsel argues that the notice dated 26.09.2025 is flawed, because it lacks details, pertains to a dotted land where standing crops exist, and therefore, the petitioners seeks a direction to set aside the impugned notice. 4. The Assistant Government Pleader placed written instructions dated 23.09.2025, addressed by the Tahsildar (FAC), Chagalamarri Mandal, Nandyal District, (as part of the record). These instructions indicate that the land in Survey Number 575/1, encompassing an area of 6.70 acres, is classified as Government poramboke land and is designated as Hill stream. The 1st petitioner has been found to have encroached upon and obstructed the watercourse in Survey Number 575/1A and the Executive Engineer, minor irrigation works has a given requisition to this office to protect the vagu from encroachment. Consequently, the Mandal surveyor has issued a notice to establish the boundaries, as this land is government poramboke and requires protection from encroachment. 5. According to the petitioners, the notice lacks details and the standing crop exist and it is not denied by the answering respondent. Hence, this Court is inclined to set aside the impugned survey notice, directing the official respondents to issue fresh survey notice to the petitioners herein and conduct survey in accordance with law after 5 giving opportunity to the petitioners. And the petitioners herein are hereby directed to co-operate for the survey to be conducted by the official respondents. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.09.2025 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26230 of 2025 Date: 24.09.2025 siva