¥ vt IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11196 OF 2025 Between: P.Paul Raj, S/o. Late Chinnabha, Aged about 75 years, Occ- Retd Employee, R/o. Emmaus Indiu Village, GLS Farm Post, Palamaner Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Mandal Revenue Officer, Palamaner, Chittoor District. 4. The Mandal Surveyor, Palamaner Mandal, Chittoor District. 5. G. Ramachandra Naidu, S/o. Krishnam Naidu Aged about 70 years, Occ- Retd Emplyoee, R/o. Ranginayanapalli Village, GLS Farm Post, Palamaner Mandal, Chittoor District. ...RESPONDENTS 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, order or direction more particularly one in the nature of a writ of mandamus declaring the action on the part of the respondents No.3 to 4 in trying to conduct survey of the land belong to the petitioner in an extent of Ac. 1.00 cents at Survey No. 11/1 in Ranginayanapalli Village fields, Palamaner Mandal, Chittoor District by issuing notices during the pendency of O.S. No.84 of 2025 on the file of the Hon'ble Junior Civil Judge, Palamaner illegal, arbitrary and voilative of fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents No. 3 to 4 not to conduct survey of the land having an extent of Ac. 1.00 cents at Survey No. 11/1 in Ranginayanapal li Village fields, Palamaner Mandal, Chittoor District, during the pendency of O.S. No.84 of 2025 on the file of the Hon’ble Junior Civil Judge, Palamaner. lA 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 stay all further proceedings in pursuance of the Notice, dated 19.04.2025 and pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. S. PARINEETA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following: ORDER APHC010226262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11196/2025 Between: ...PETITIONER P.paul Raj, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent{S): 1.GP FOR REVENUE 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 order or direction more particularly one in the nature of a writ of mandamus declaring the action on the part of the respondents No, 3 to 4 in trying to conduct survey of the land belong to the petitioner In an extent of Ac 1.00 cents at Survey No. 11/I In Ranginayanapalli Village fields Palamaner Mandal Chittoor District by issuing notices during the pendency of 0 S No 84 of 2025 on the file of the Honble Junior Civil Judge Palamaner illegal arbitrary and voilative of fundamental and constitutional rights guaranteed to the petitioner under Articles 14 21 and 300A of the Constitution of India and consequently direct the respondents No 3 to 4 not to conduct survey of the land having an extent of Ac.1. 00 cents at Survey No. 11/1 in Ranginayanapalli Village fields Palamaner Mandal Chittoor District during the pendency of O S No 84 of 2025 on the file of the Honble Junior Civil Judge Palamanerand to pass such other order or orders... ” Heard the learned counsel for the petitioner and the learned 2. Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land, admeasuring to an extent of Ac.1.00 cent in Survey No.11/1, situated at 3. Ranginayanapalli Village fields, Palamaner Mandal, Chittoor District and having acquired the subject property from its lawful owner through a registered sale deed dated 16.11.2006 for valid consideration. Since then, the petitioner has been in continuous possession and enjoymentof the subject property. The petitioner’s name was duly mutated in the revenue records, and he was issued pattadar passbooks and title deeds in respect of the said property. While so, the respondent Nos.2 to 5 are trying to interfere with the petitioner’s peaceful possession and enjoyment of the subject property. Consequently, the petitioner instituted a suit in O.S. No.84 of 2025 on the file of the Court of the Civil Judge Palamaner, against the respondents No.2 to 5, seeking for permanent injunction restraining the respondent Nos. 2 to 5 from interfering with his peaceful possession and enjoyment of the subject land. During the pendency of the said suit, respondents No.3 and 4 are trying to conduct a survey of the subject land, which is contrary to law. Hence, the present writ petition. 4. She further submits that it is a settled proposition of law, once the suit is pending between the parties concerned regarding the suit schedule property, the survey identification in respect of the subject property should be done as per the provisions of the CPC, 908 and as directed by the Court below but it cannot be by way of survey by the official respondents other than by way of court proceedings, which is nothing but collecting evidence on the part of the plaintiff/defendants. 5. In similar circumstances, this court in a batch of writ petitions i.e.. W.P.Nos.13023 of 2020 and 12833 of 2021, held that once the civil proceedings are initiated by the parties concerned, any steps regarding suit schedule property including survey should be conducted as per the orders of the Court below after adducing evidence and therefore conducting survey by the respondent authorities cannot be permitted. Therefore, issuance of notices to the petitioner herein/defendan t therein for conducting survey is contrary to the above stated settled proposition of law and liable to be set aside. 6. On the other hand, the learned Government Pleader for Revenue appearing for the respondents furnished written instructions dated 05.05.2025 wherein it is stated as follows:- “It is submitted that the petitioner has manipulated the then revenue authorities to get pattadar passbooks for the lands admeasuring to and extent of AC. 1.24 cents in Sy.No.11/D though he has got right only for an extent of Ac. 1.00 cents vide registered sale deed No.2462/1992. Hence, the petitioner who is the encroacher of the adjacent lands with malafide intention is objection for survey of the land in Sy. NO. 11/1 which is done as a part of resurvey programme of the Government of Andhrapradesh in the pilot village i..e Ranginayanipalle village of Palamner mandal”. 7. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of by directing the respondents not to proceed further with the survey in respect of the suit schedule property, if the subject survey is being conducted in respect of the petitioner’s land. However, if the respondents are conducting a general survey in respect of the entire lands in the village as part of the survey, the respondents are at liberty to proceed further and complete the same. However, the respondents shall not submit any specific survey reports in respect of the petitioner’s land before the Court below without there being further orders from the Court below. Otherwise, the respondents are at liberty to conduct a survey and demarcation in respect of the remaining land under the resurvey extent of Ac. 1.00 cent in Sy. No. 11/1, programme, excluding an situated at Ranginayanapalli Village fields, Palamaner Mandal, Chittoor District. Accordingly, the writ petition is disposed of. There shall be no 8. order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- A. ViJAYA BA3U assistant registrar //TRUE COPY// r ^ SECTION OFFICER To, Principal Secretary, Revenue Department, State of Andhra Secretariat Buildings, Velagapudi, Guntur District. 1. The Pradesh, 2. The District Collector, Chittoor District. Revenue Officer, Palamaner, Chittoor District. Palamaner Mandal, Chittoor District. 3. The Mandal 'AfThe Mandal Surveyor, 5, One CC to M/s. S. Parineeta, Advocate [OPUC] Q. Two CCs to GP for Revenue High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb -A HIGH COURT DATED:05/05/2025 ORDER WP.No.11196 of 2025 f 2«MAr 2025. ^ . Current bection , I DISPOSING OF THE W.P. WITHOUT COSTS