yr- A A s A A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS^S^ WRIT PETITION NO: 2838 OF 2025 Between: Wudaru Vishala Devi, W/o Vishnuvardhan Reddy, aged 35, agriculturist, Talamudipi Village, Midthur Mandal, Nandyal District. ...PETITIONER AND 1. The State of A. P. rep. by it's Principal Secretary, Revenue Department Secretariat, Velgapudi Village Guntur District, State of A.P. 2. The District Collector, Nandyal, Nandyal District. 3. The Revenue Divisional Officer, Atmakur, Nandyal District. 4. The Tahsildar, Midthur Mandal, Nandyal District. 5. Katha Anki Reddy, S/o Shekar Reddy, aged 49, R/o Talamudipi Village, Midthur Mandal, Nandyal District. 6. Katha Venkata Subba Reddy, S/o Anki Reddy, R/o Talamudipi Village, Midthur Mandal, Nandyal District. 7. Panyam Khasim Saheb, S/o Akbar Hussain, Aged 44, R/o Talamudipi Village, Midthur Mandal, Nandyal District. 8. Panyam Khaja Hussain, S/o Akbar Hussain, aged 45, M.G. Somappa Colony, Venkataramana Colony, Kurnool, Kurnool District. 9. Wahab, S/o Mahammed Rahmathulla, aged 42, M.G. Somappa Colony, Venkataramana Colony, Kurnool, Kurnool District. 10. Jubher, S/o Mahammed Rahmathulla, aged42, M.G. Somappa Colony, Venkataramana Colony, Kurnool, Kurnool District. ...RESPONDENTS 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 Order or direction or more particularly one in the nature of Writ of Mandamus, declare the impugned order dated 9-10-2024 in Rc. D/107/2024 passed by the Respondent No.3 is being illegal and against the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and rules and set aside the same and directed the Respondents 2 to 4 enter into land of petitioner an extent of Ac. 0-88 cents in Survey Number 13/A situated in Talamudipi Village, Midthur Mandal, Nandyal District., in the online. lA 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 suspend the impugned order dated 24-7-2023 in Rc.No.B/42/2023 passed by the Respondent No.3 pending disposal of the writ petition. Counsel for the Petitioner: SRI BUDIGE BHOJA RAAM Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDHARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 10:-- The Court made the following: ORDER > 1 V. APHC010052182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2838/2025 Between; 1.WUDARU VISHALA DEVI, W/0 VISHNUVARDHAN REDDY, AGED 35, MIDTHUR MANDAL, AGRICULTURIST,TALAMUDIPI VILLAGE, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP.BY IT'S PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELGAPUDI VILLAGE GUNTUR DISTRICT, STATE OF A.P. 2. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, NANDYAL DISTRICT. 4. THETAHSILDAR, MIDTHUR MANDAL, NANDYAL DISTRICT. 5. KATHA ANKI REDDY, S/0 SHEKAR REDDY, AGED 49, R/0 TALAMUDIPIVILLAGE, MIDTHURMANDAL, NANDYALDISTRICT. 6. KATHA VENKATA SUBBA REDDY, S/0 ANKI REDDY, R/0 TALAMUDIPI VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT. 7. PANYAM KHASIM SAHEB, S/0 AKBAR HUSSAIN, AGED 44, R/0 TALAMUDIPI VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT. 8. PANYAM KHAJA HUSSAIN, S/0 AKBAR HUSSAIN, AGED 45, M.G. SOMAPPA COLONY, VENKATARAMANA COLONY, KURNOOL, 2 KURNOOL DISTRICT. 9. WAHAB, S/0 MAHAMMED RAHMATH ULLA, SOMAPPA COLONY. KURNOOL DISTRICT. AGED 42. M.G. VENKATARAMANA COLONY. KURNOOL. 10.JUBHER. S/0 MAHAMMED RAHMATHULLA. VENKATARAMANA COLONY. KURNOOL. AGED42. M.G. SOMAPPA COLONY. KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.BUDIGE BHOJA RAAM Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following; ORAL ORDER: Heard Sri Budige Bhoja Raam. learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary. learned Assistant Government Pleader for Revenue. It is the case of the Writ Petitioner that she has inherited the land to extent of Ac. 1.00 cents in Sy.No. 13/A. It is the case of the Writ Petitioner that she has sold about Ac.0.07 cents and the balance land is about Ac.0.93 cents. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the copy of the Pattadar Passbook filed along with the paper book (Ex.P.7). wherein the extent of land under Sy.No. 13/A is shown as Ac. 1.00 cents. Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the impugned Proceedings issued by the RDO (Respondent No.3) dated 09.10.2024 (Ex.P.1). which indicates that the survey, which is sought by the Writ Petitioner, is not conducted because the neighboring land have not cooperated with the survey. It is also stated in the impugned Order that despite Notices have been issued to the neighboring land owners, nearly 2. an owners about four times, the neighboring land owners have not turned up. Since the impugned Order itself would indicate that the Official Respondents have issued advanced Notices to the neighboring land owners on four occasions and that the said neighboring land owners have not cooperated with the Surveyor, the Official Respondents are then required to proceed with the conduct of survey ex parte. The Official Respondents are required to ensure that the Notices are properly served to all the neighboring land owners and maintain a record evidencing the same. Thereafter, the Official Respondents required to statutorily proceed with the conduct of the survey ex parte if the neighboring land owners do not cooperate. It is a different matter that the proposed date of survey may be postponed, on the request of any of the parties or on account of any inconvenience. If there is no such request, the Official Respondents are statutorily obligated to proceed with the conduct of the survey, as requested by any Applicant. In this view of the matter, the impugned Order dated 09.10.2024 bearing Rc.D/107/2024 (Ex.P.1) is set aside. 4. In the present case, the Official Respondents are directed to issue advance Notices once more, finally and proceed with the survey despite the fact that the neighboring land owners do not turn up. Needless to state that the proper record shall be maintained by the Official Respondents as regards the service of Notice on the neighboring land owners. i are 3. 5. There shall be a further direction to the Official Respondent No.4 to consider the Application of the Writ Petitioner afresh (cfe novo) and issue final proceedings within a period of eight weeks from today and communicate a of such Order to the Writ Petitioner and the Unofficial Respondents copy herein and also any other interested parties. Writ Petitioner is directed to submit a copy of this Order to the Tahsildar, Midthur Mandal (Respondent No.4) within one week from today, for effective compliance. 6. 4 7. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of A.P, Secretariat, Velgapudi Village Guntur District, State of A.P. 2. The District Collector, Nandyal, Nandyal District. 3. The Revenue Divisional Officer, Atmakur, Nandyal District. 4. The Tahsildar, Midthur Mandal, Nandyal District. 5. One CC to Sri Budige Bhoja Raam, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:06/02/2025 ORDER WP.No.2838 of 2025 O 2 5 FEB 2025 60, . Curreiii aeciiun ^ ALLOWING THE W.P. WITHOUT COSTS