1 ' % IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2400 OF 2025 Between: Mandiga Gangaiah, S/o. Late Subba Rayudu, Aged 60 years, Occ: Cultivation, R/o. D No. 2-62, Ramalayam Street, Gokavaram,East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District. 3. The Tahsildar, Gokavaram Mandal, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the petitioners land is illegal, arbitrary and violation of principles of natural justice and violative of Article 14, 21 and 300 A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioners land situated in an extent of Ac. 1.62 cents in Sy. No. 224 and Ac. 8.72 cents in Sy. No. 227 of Krishnunipalem Village, Gokavaram Mandal, East Godavari District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 not to dispossess the petitioner from his land admeasuring Ac. 1.62 cents in Sy. No. 224 and Ac. 8.72 cents in Sy. No. 227 of Krishnunipalem Village, Gokavaram Mandal, East Godavari District pending disposal of the writ petition. Counsel for the Petitioner: SRI Y NAGENDRA REPRESENTING SRI V V SATISH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 APHC010043502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2400/2025 Between: AGED 1.MANDIGA GANGAIAH, S/0. LATE SUBBA RAYUDU, 60YEARS, OCC CULTIVATION, R/0. D NO. 2-62, RAMALAYAM STREET, GOKAVARAM,EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 3.THE TAHSILDAR, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.VVSATISH Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following ORAL ORDER: Heard Sri Y. Nagendra, Learned Counsel appearing on behalf of Sri V. V. Satish, Learned Counsel for the Writ Petitioner and Sri Arjun Chowdary, learned Asst. Government Pleader for Revenue. 2. In compliance with the directions of this Court dated 31.01.2025, learned Asst. Government Pleader has submitted the Written Instructions dated 30.01.2025 furnished by the Tahsildar, Gokavaram. Copy of it supplied to the Learned Counsel for the Writ Petitioner and the same is taken on record. IS 3. The relevant portion of the Written Instructions is usefully extracted hereunder: “It is further submitted that, Sri Mandiga Bala Balaji S/o Gangadhar R/o Krishnunipalem Village of Gokavaram Mandal had filed petition in Revenue Sadassulu Programme vide RSEAG2024121210098, Dt: 12.12.2024 stating that he is having land measuring Ac.0.67cts in Sy.No.224 and 227 of Krishunipalem Village of Gokavarm Mandal and requested to conduct survey of the said land and to enter his Revenue Records. name in It is further submitted that, the Mandal Surveyor, Gokavaram has issued survey notice on Dt;27.12.2024 to the petitioner and as well as adjacent land owners of the above land to conduct survey on 30-12-2024 at 10.00 AM as it is mandatory to issue notices while conducting survey of any land and the present writ petitioner is one of the adjacent land owner of the above land and he refused to take the above notice and other two land owners were taken the above notice. As the writ petitioner here in was refused to take survey notice, survey of the above land is not conducted. (Copy Enclosed) It is also submitted that, a detailed endorsement also issued to the writ petitioner i.e. Sri Mandiga Bala Balaji S/o Gangadhar vide this Office Roc.No.RS/AV423/88/2024, Dt:09- 01-2025 Informing that present writ petitioner had opposed to conduct survey for the above said land and the present writ petitioner has sent the legal notice informing that he will settle was 3 the above issue through the Hon’ble Court, hence it is not possible to conduct survey at this stage.(Copy Enclosed)”. The above extract would disclose that one Sri Mandiga Bala Balaji S/o Gangadhar R/o. Krishnunipalem Village of Gokavaram Mandal has filed a Petition on 12.12.2024 in the ‘Revenue Sadassulu Programme’ that he is having land of an extent of Ac.0.67 cents in Survey Nos. 224 and 227 of Krishnuipalem Village of Gokavaram Mandal and requested to conduct the survey. When the Mandal Sruveyor has issued Survey Notice on 27.04.2024 to the Writ Petitioner as well as the other adjacent land owners for the purpose { of conducting the survey on 30.12.2024 at 10.00 AM, the present Writ ' Petitioner, as one of the adjacent land owner, has refused to take the above notice, whereas, the other two land owners have received the notice. On account of the refusal to accept the notice by the Writ Petitioner, the Official Respondents have issued an Endorsement on 09.01.2025 informing that the present Writ Petitioner has opposed to conduct survey for the above land. 4. From the facts recorded above, it appears that the Writ Petitioner did not co-operate with the Revenue Authorities in conducting the survey that was scheduled to be held on 30.12.2024 at 10.00 AM. 5. Since the Writ Petitioner is now before this Court, there shall be a direction to the Writ Petitioner to appear before the Surveyor on or before 19.02.2025 to attend the survey. The Official Respondent No.3 namely the Tahsildar, Gokavaram Mandal including the Mandal Surveyor are directed to conduct the survey on 19.02.2025 at 10.00 A.M by issuing advance notice to the other neighbouring farmers. This Order shall be treated as sufficient Notice to the Writ Petitioner that, he shall appear at 10.00 AM on 19.02.2025 for the purpose of conduct of survey. Needless to state that it is the statutory obligation on the part of the Tahsildar to issue advance Notice all the parties, consider their submissions/objections and the documents, if any, of all the parties before issuing the Final Proceeding (Survey Report). The Survey Report shall be 6. 7. 4 furnished to all the parties within four weeks from the date of conduct of survey. Learned Counsel for the Writ Petitioner is directed to submit a copy of this Order to the Respondent No.3 within one week from today for effective compliance. 8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this 9. order. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To. ImaraSunfu'Sct®''®™® Department, Secretariat 2. The District Collector, East Godavari District. 3. The Tahsildar, Gokavaram Mandal, East Godavari 4. One CC to Sri V V Satish Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra 6. Three CD Copies Velagapudi District. Pradesh. [OUT] TF HIGH COURT E?ATED: 12/02/2025 ORDER WP.No.2400 of 2025 (C 15 FEB 2025 Co, . Current Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS