APHC010680982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35032/2025 Between: 1. KUSULURU HARI KRISHNA, S/O. MUNEIAH, AGED ABOUT 32 YEARS, 5/112, BHUVANAGIRI PALLI, UTUKURU, RAJAMPET, KADAPA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KADAPA KADAPA DISTRICT. 3. THE SUB COLLECTOR, RAJAMPET,KADAPA DISTRICT 4. THE THASILDAR, RAJAMPETA MANDAL, KADAPA DISTRICT. 5. THE MANDAL SURVEYOR, RAJAMPETA MANDAL, KADAPA 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 declare the high-handed action of respondent no.4 in issuing the notice vide Ref.No. A/443/2025 dated 04-11-2025 u/s 6 of Andhra Pradesh Land Encroachment Act, 1905 pending the 2 survey of the petitioner land Situated in Survey no. 10-1-N-1/ L.P no. 92, Vutukuru Venkatampalie, Pulampeta Mandal, Annamaya District, to an extent of Ac 3.30 Cents vide application no.ANMY 202505266462 dated 26-05-2025 as illegal, arbitrary, unconstitutional and violation of principal of natural justice, violation of the Andhra Pradesh Survey and Boundaries Act, 1923 and also violation of Article 21, 300A of Constitution of India and consequently to set aside the notice issued u/s 6 of Andhra Pradesh Land Encroachment Act, 1905 and to further direct the respondents to not to interfere with the peaceful possession of the petitioner, and to 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 direct the respondent nos.3 to 5 not to take any coercive action against the petitioner's land in Sy.No.10/1-n-1. pending disposal of the above writ petition and to 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 implead the proposed respondent herein as Party Respondent no.6 in W.P.No.35032 of 2025 and pass Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE 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: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the high-handed action of respondent no.4 in issuing the notice vide Ref.No. A/443/2025 dated 04-11-2025 u/s 6 of Andhra Pradesh Land Encroachment Act, 1905 pending the survey of the petitioner land Situated in Survey no. 10-1-N-1/ L.P no. 92, Vutukuru Venkatampalie, Pulampeta Mandal, Annamaya District, to an extent of Ac.3.30cents vide application no.ANMY 202505266462 dated 26-05-2025 as illegal, arbitrary, unconstitutional and violation of principles of natural justice, violation of the Andhra Pradesh Survey and Boundaries Act, 1923 and also violation of Article 21, 300A of Constitution of India and consequently to set aside the notice issued u/s 6 of Andhra Pradesh Land Encroachment Act, 1905 and to further direct the respondents not to interfere with the peaceful possession of the petitioner, and to pass….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. The whole issue involved in the present Writ Petition is that, the petitioner is having Ac.3.30cents of land and his name was also mutated in the revenue records for the said extent. But during resurvey of the land it was declared that Ac.3.19cents of land belongs to the petitioner instead of Ac.3.30cents of land which he purchased. Hence he made an application through on-line on 26.5.2025 requesting the authorities to conduct survey and take appropriate action for issuance of rectified pass books for total extent of land. The said application has 4 been considered and survey was conducted and an endorsement was issued on 28.11.2025 wherein it is recited that adjacent land holder M.Lakshminarayanamma has taken an objection. Accordingly, they could not complete the survey and issued the above said endorsement. It is further submitted that earlier endorsement dated 24.9.2024 reveals that the petitioner has encroached Ac.0.14cents of land in L.P.No.90, aggrieved by the same only, the petitioner has requested to conduct entire survey. But instead of conducting survey and fixing the boundaries, the respondents purposefully rejected the case and passed an endorsement on 28.11.2025. The said endorsement has been given under Section 10(1) of the Survey and Boundaries Act (for short the Act). As against, the petitioner has a statutory remedy under Section 11 of the Act as the petitioner wants to avail the said remedy before that the respondents have initiated simultaneous proceedings under Section 7 of the Land Encroachment Act 1905 and issued notice. Though the petitioner has submitted explanation, but without considering the same, they have also issued notice under Section 6 of the Act on 04.11.2025. Aggrieved by the said action, the present Writ Petition has been filed. 4. Learned Assistant Government Pleader appearing for respondents has placed the proceedings of the Tahsildar dated 03.12.2025. 5 5. The main contention of the learned counsel for the petitioner is that, though the petitioner has made an application for survey and fixing the boundaries, when the respondents have issued an endorsement, the petitioner has a remedy under Section 11 to get it rectified the orders. Before that, the respondents ought not to have initiated proceedings under Land Encroachment Act. 6. Considering the submissions, the endorsement dated 28.11.2025 and the subsequent proceedings dated 03.12.2025 are set aside remanding the matter to the competent authority once again to take appropriate steps by conducting survey under Section 10 of the Survey and Boundaries Act and issue appropriate proceedings after its finalization of the survey. 7. With the observations, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 22.12.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.35032 of 2025 22.12.2025 RD