APHC010011872023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.748 of 2023 Between: 1. GURAPAGARI SHANKARAPPA, S/O G.NARAYANAPPA, S/O N. POTHAPPA , AGED 46 YEARS, MARUKUNTA PALLI VILLAGE, KOTHACHERVU MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE TAHSILDAR, KOTHA CHERVU MANDAL, SRI SATYA SAI DISTRICT. 3. THE MANDAL SURVEYOR, KOTHACHERVU MANDAL, ANANTAPURAMU DISTRICT 4. THE STATE S H O, KOTHACHERVU P.S SRI SATYA SAI 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, one in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondent No.4 in not providing police protection to conducting the survey for sub division and demarcation of the boundaries of land admeasuring Ac.0-54 cents in, Survey No. in Survey No. 230-3 situated at GovindamPalli Village, Bukkarayasamudram Mandal, Anantapuramu District E SEVA vide application No.FSO12001047664 dated 24-07-2020 as illegal, arbitrary unjust, and in violation of Art.14 of the Constitution of India and consequently direct the respondent No.4 to provide police protection and respondents 2 and 3 to dispose of Application of petitioner for conducting the survey for Sub Division and demarcation of the boundaries of land admeasuring Ac.0.54 cents in Survey No.230-3 2 situated at GovindamPalli Village, Bukkarayasamudram Mandal, Anantapuramu District. IA NO: 1 OF 2023 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 respondents forthwith to dispose of Application of petitioner for conducting the survey for Sub Division and demarcation of the boundaries of land admeasuring Ac. 0.54 cents in Survey No. 230-3 situated at Govindam Palli Village, Bukkarayasamudram Mandal,Anantapuramu District pending disposal of the writ petition and pass Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.748 of 2023 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India for the following relief/s: “…to issue a Writ, one in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondent No.4 in not providing police protection to conducting the survey for sub division and demarcation of the boundaries of land admeasuring Ac.0-54 cents in, Survey No. in Survey No. 230-3 situated at GovindamPalli Village, Bukkarayasamudram Mandal, Anantapuramu District E SEVA vide application No.FSO12001047664 dated 24- 07-2020 as illegal, arbitrary unjust, and in violation of Art.14 of the Constitution of India and consequently direct the respondent No.4 to provide police protection and respondents 2 and 3 to dispose of Application of petitioner for conducting the survey for Sub Division and demarcation of the boundaries of land admeasuring Ac.0.54 cents in Survey No.230-3 situated at GovindamPalli Village, Bukkarayasamudram Mandal, Anantapuramu District and pass…” 2. The writ petitioner filed an application against the respondents vide application No.AG5429458 dated 14.11.2020 for conduct of survey for sub-division and demarcation of the boundaries of the writ petitioner’s land to an extent of Ac.3.50 cents and as there is no action in this regard, the present Writ Petition is filed seeking a direction to the respondents for conduct of survey. 3. Learned Assistant Government Pleader has furnished written instructions addressed by the Tahsildar, Kothacheruvu dated 4 30.11.2025. The written instructions indicates that they are unable to conduct survey of the land originally classified as Government land and it was assigned in favour of Challappa vide DARDis No.114/36 and the land in question is not the exclusive property of the writ petitioner and it is a joint family property of the writ petitioner and his family members and there exists a long-standing and serious family dispute regarding boundaries and possession over the said survey numbers and there are criminal cases pending against the family members of the writ petitioner lodged by the writ petitioner herein and this fact was deliberately suppressed. Therefore, prayed to dismiss the writ petition. 4. A Division Bench of this Hon’ble Court Writ Appeal No.1168 of 2025 following the earlier order in Writ Appeal No.819 of 2024 dated 09.05.2025 in Manthena Praveen Kumar v. The State of Andhra Pradesh filed in the following: “While Rule 20 of B.S.O.34-A provides for applications to be made for conduct of survey of private lands, the language of the Rule, extracted above, would indicate that such applications can only be made by persons in relation to land owned by them. On this basis, these provisions cannot be stretched to mean that a survey could be conducted where the applicant is not able to demonstrate a clear claim over the said land. It is clear that no stranger can seek survey of private lands or for demarcation of the fields.” 5 5. The Division Bench held that the applicant may file an application for conduct of survey only on having a substantial right over the property. Admittedly, there are disputes in between the writ petitioner and his family members. Therefore, this Court cannot direct the respondent-authorities to conduct survey in view of the judgment of the Division Bench referred supra. The writ petitioner has not come up with clean hands and even he has not made the family members of the writ petitioner herein as a party to the writ petition. 6. In the above said facts and circumstances and in view of the judgment of the Division Bench of this Court referred supra, the writ petition stands dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 01.12.2025 RMR/Siva 6 15 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No:748 OF 2023 Date: 01.12.2025 RMR/Siva