APHC010657812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34221/2025 Between: 1. MARIKANTI SHERINA GRACE, , D/O SOLOMON DEVADAS, 11-11 ISALAM PETA MARKET CENTRE, JOHN MESTRY BUILDING, GANNAVARAM (P.O) (MANDAL), KRISHNA DISTRICT, ANDHRA PRADESH- 521101 CELL NO-9396747056 AADHAR NO-2577 3879 2481 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA REVENUE DIVISION, KRISHNA DISTRICT 4. THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT 5. THE MANDAL SURVEYOR, GANNAVARAM MANDAL, KRISHNA DISTRICT 6. VEMURI KANAKA DURGA, ANGANVADI TEACHER KESARIPALLI, GANNAVARAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH - 521102 7. JANAMALA SWARNA, D/O VEMURI ANANDA RAO, APPARAOPETA, KESARAPALLI POST GANNAVARAM MANDAL, KRISHNA 2 DISTRICT, ANDHRA PRADESH - 521102 ...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 an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No 4 and 5 in conducting survey and demarcating the land in an extent of an Ac 0.30 Cents in R.S No 281 of Apparaopeta Village fields of Kesarapalli Gram Panchayat, Gannavaram Mandal Krishna District as arbitrary illegal and abdication of the statutory duty cast on them in the provisions of A.P Survey and Boundaries Act, 1923 as well as the provisions of Board of Standing Orders and voilative of fundamental rights guaranteed under Articles 14, 21 and Art.300-A of the Constitution of India and consequently direct the respondents No 4 and 5 to conduct the survey, demarcate the land and file a report pertaining to the land of an extent of an Ac 0.30 Cents in R.S No 281 of Apparaopeta Village fields of Kesarapalli Gram Panchayat, Gannavaram Mandal Krishna District, in pursuance of the petitioners representation Dt. 29/09/2025 and to pass Counsel for the Petitioner: 1. ADI RAMA KRISHNUDU N Counsel for the Respondent(S): 1. GP FOR REVENUE 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent Nos.4 and 5 in conducting survey and demarcating the land in an extent of an Ac.0.30 Cents in R.S.No.281 of Apparaopeta Village fields of Kesarapalli Gram Panchayat, Gannavaram Mandal, Krishna District as arbitrary, illegal and abdication of the statutory duty cast on them in the provisions of A.P. Survey and Boundaries Act, 1923 as well as the provisions of Board of Standing Orders and voilative of fundamental rights guaranteed under Articles 14, 21 and Art.300- A of the Constitution of India and consequently direct the respondent Nos.4 and 5 to conduct the survey, demarcate the land and file a report pertaining to the land of an extent of an Ac.0.30 Cents in R.S.No.281 of Apparaopeta Village fields of Kesarapalli Gram Panchayat, Gannavaram Mandal, Krishna District in pursuance of the petitioners representation Dt.29.09.2025 and pass…” (in verbatim) 2. The present writ petition is filed seeking a declaration that the inaction on the part of respondent Nos.4 and 5 in not conducting survey and demarcation of land admeasuring Ac.0.30 cents in R.S.No.281 of Apparaopeta Village Fields, Kesarapalli Gram Panchayat, Gannavaram Mandal, Krishna District, is illegal and arbitrary. 4 3. While considering the matter, the learned Government Pleader for Revenue appearing on behalf of the respondents submitted that the authorities have already considered the application submitted by the petitioner and issued an endorsement dated 29.09.2025, which has also been placed on record along with the writ petition. 4. Learned counsel for the petitioner contended that though the respondents issued the endorsement, they have not conducted the survey in accordance with Section 10 of the A.P. Survey and Boundaries Act, 1923. It is further submitted that when no survey has been conducted, the question of filing an appeal under Section 11 does not arise. 5. Sections 10 and 11 of the A.P. Survey and Boundaries Act, 1923 reads as follows: “10. Powers of survey officer to determine and record a dispute boundary:- (1) When a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the boundary and record it in accordance with his decision. The Survey Officer shall record in writing the reasons for his decision. (2) Notice to parties to the dispute and to registered holders of land affected:- Notice of every decision of the survey office under Section 10(1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands, the boundaries of which may be affected by the decision. CASE LAW: Appellate authority has power to set aside dismissal order for default of the party before primary authority and to remand the appeal. V.V. 5 Subrahmanyam vs. Asst Director o/Suruey & Land Records, Eluru & others, 1987 (1) ALT 110 (NRC). 11. Appeals against orders under Sections 9 or 10:- (1) Any person affected by a decision under l [Sections 9 or 10] may appeal to the prescribed officer. The decision of the appellate authority with reasons therefore shall be recorded in writing and notice of such decision shall be given in the prescribed manner to the appeal. Any modification of the survey officer's decision, ordered by the appellate authority, shall be noted in the record prepared under Sections 9 or 10 as the case may be. (2) 2[A copy of the order and a copy of the map of recording the boundaries as determined under Sections 9, 10 or 11 (1) shall be furnished to any person interested in such order or map] as the case may be on his application and at his cost.” 6. A perusal of Sections 10 and 11 clearly indicates that any person aggrieved by a decision under Sections 9 or 10 has a statutory remedy of appeal before the prescribed appellate authority. In the present case, the application submitted by the petitioner has been considered and an endorsement has been issued, which was duly communicated to the petitioner. 7. In view of the availability of an effective alternative remedy under Section 11 of the Act, this Court is not inclined to entertain the writ petition, leaving it open to the petitioner to approach the appellate authority, if so advised. 8. Accordingly, the writ petition is dismissed. There shall be no order as to costs. 6 Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 7 216 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34221 OF 2025 Dt.09.12.2025 SNI