APHC010697992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1362/2025 Writ Appeal under clause 15 of the Letters Patent to SET ASIDE the order dt.28-11-2025 passed in W.P.No.33107/2025 by dismissing the W.P.No.33107/2025 and pass Between: 1. P ANITHA REDDY, W/O P. RADHAKRISHNA REDDY, AGED ABOUT 35 YEARS, HOUSEWIFE, R/O H.NO.1-9-341N4/1, OPP. BANGALORE BAKERY LANE, RAMNAGAR, HYDERABAD, REP. BY GPA HOLDER, S.K. VISWANATHA REDDY, S/O LATE MALLIKARJUNA REDDY, AGED ABOUT 42 YEARS, BUSINESS, R/O H.NO.3-70, O.C. COLONY, SANTHEKUDLUR VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. ...APPELLANT AND 1. ALIGARI CHINNA THIKKAPPA SANNA THIKKAPPA, S/O A. KARIBANTAPPA, AGED ABOUT 55 YEARS, AGRICULTURE, R/O H.NO.5-120, SC COLONY, SANTHEKUDLUR VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. RESPONDENT/WRIT PETITIONER 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 2 RRR, J & TCDS, J W.A.No.1362 of 2025 4. THE REVENUE DIVISIONAL OFFICER, KURNOOL REVENUE DIVISION, KURNOOL DISTRICT. 5. THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. 6. THE MANDAL SURVEYOR, OFFICE OF THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): 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 pleased to dispense with the filing of certified copy of order dt.28-11-2025 passed in W.P.No.33107/2025 before this Hon'ble Court and 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 pleased to STAY the operation of the order dt.28-11-2025 passed in W.P.No.33107/2025 and pass Counsel for the Appellant: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SHAIK KARIMULLA 3 RRR, J & TCDS, J W.A.No.1362 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri A. Syam Sundar Reddy, learned counsel for the appellant, Sri Shaik Karimulla, learned counsel appearing for the 1st respondent and the learned Government Pleader for Revenue appearing for the official respondents. 2. The appellant herein claims Ac.0.26 cents in Sy.No.241-B3C and filed O.S.No.29 of 2025 before the learned I Additional Junior Civil Judge, Adoni, against the 1st respondent herein. During the pendency of this suit, the 1st respondent moved an F-Line application, dated 25.08.2025, for survey of land claimed by him in Sy.No.241-B3C. Later, the 1st respondent approached this Court, by way of W.P.No.24725 of 2025, for a direction to the respondent authorities to conduct survey, in terms of his F-Line application. This Writ Petition came to be disposed of, by an order, dated 15.09.2025, with a direction to the respondents therein to consider the F-Line application after issuing notices to all the concerned parties and to pass necessary orders. This Judgment was challenged by the appellant herein, by way of W.A.No.1139 of 2025. One of the contentions raised in the said appeal was the fact that the 1st respondent had suppressed the fact of pendency of O.S.No.29 of 2025. A Division Bench of this Court, on the principle that, any order obtained by suppression of fact requires to be set aside, had allowed the Writ Appeal, by way of a Judgment, dated 04.11.2025, setting aside the order of the learned 4 RRR, J & TCDS, J W.A.No.1362 of 2025 Single Judge and leaving it open to the 1st respondent to take steps which are permissible under law. 3. It appears that the 1st respondent had again approached this Court, by way of W.P.No.33107 of 2025, disclosing all the relevant facts. A learned Single Judge of this Court, by an order, dated 28.11.2025, had disposed of the Writ Petition, directing the official respondents to consider the F-Line application, dated 25.08.2025 and to conduct survey as per the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923. 4. The appellant, being aggrieved by the said Judgment, has approached this Court, by way of the present Writ Appeal. 5. The learned counsel for the appellant would contend that the order had been passed after dispensing with the notice to the appellant and the same affects the rights and interests of the appellant. It is submitted that the appellant, being aggrieved by the earlier order of the learned Single Judge of this Court, directing survey to be conducted, had approached this Court, by way of an appeal and consequently, the appellant should have been given notice before any order was passed. 6. In view of the earlier round of litigation, where the appellant had chosen to file an appeal, against the order of the learned Single Judge, the contention of the appellant that notice should have been given to the appellant cannot be denied. 5 RRR, J & TCDS, J W.A.No.1362 of 2025 7. In the circumstances, this Writ Appeal is disposed of, setting aside the order of the learned Single Judge, dated 28.11.2025 and remanding the matter back to the learned Single Judge for appropriate consideration. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 30.12.2025 MJA 6 RRR, J & TCDS, J W.A.No.1362 of 2025 193 THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL NO: 1362/2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 30.12.2025 MJA