APHC010526602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE TWENTY NINETH 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: 1074/2025 Writ Appeal under clause 15 of the Letters Patent of Writ Appeal against the passed Proceedings sheet/ Docket Order in WP No.22642 of 2025, dated.29.08.2025 passed by learned single judge Between: 1. DIVI KOTESWARA RAO, S/O KOTAIAH, AGED ABOUT 59 YEARS, OCC.GOVERNMENT TEACHER, R/O. DOOR NO.11-1-89/9A, SANTHOSH NAGAR, KANDUKURTOWN AND MUNICIPALITY, SPSR NELLORE DISTRICT. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE JOINT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE SUBCOLLECTOR, KANDUKUR, SPSR NELLORE DISTRICT. 5. THE TAHSILDAR, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 6. THE MANDAL SURVEYOR, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 2 RRR, J & TCDS, J W.A.No.1074 of 2025 7. DUDIPALLIMALYADRI, S/O KONDAIAH, AGED ABOUT 65 YEARS, OCC. CULTIVATION, R/O. KAKUMANIVARIPALEM VILLAGE, KANDUKURTOWN AND MUNICIPALITY, SPSR NELLORE 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 dispence with filing of certifies copy of Proceedings sheet/ Docket Order dated 29-08-2025 by the Hon’ble Single Judge in WP No. 22642 of 2025 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 all further proceedings pursuant to the 4th Respondent's order passed in D.Dis.B/1270/2018 dated 04-08-2025 as well as Notice dated 20-08-2025 issued by the 6th Respondent and pass IA NO: 3 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 suspend the docket order dated 29-08-2025 passed WP No.22642 of 2025 pending disposal of the Writ Appeal before this Hon’ble court and to pass Counsel for the Appellant: 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. VENKATESWARLU KOLLA 3 RRR, J & TCDS, J W.A.No.1074 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The appellant herein claims ownership of title and possession over Ac.1.04 cents of land in Sy.No.664/6 of Mahadevapuram Village, Kandukur Mandal, S.P.S.R. Nellore District. The 7th respondent herein moved an appeal before the Revenue Divisional Officer, contending that he has title over the Ac.0.75 cents of land in Sy.No.664/5, but his name is recorded in the revenue records only to the extent of Ac.0.63 cents of land and as such, the extent of Ac.0.12 cents of land should be mutated in his favour by deleting the said Ac.0.12 cents from the account of the appellant. 2. This appeal was allowed by the Revenue Divisional Officer by an order, dated 04.08.2025. The appellant, after receiving this order on 12.08.2025, filed a revision petition, under Section 9 of the Andhra Pradesh in Land and Pattadar Passbooks Act, 1971, before the Joint Collector. Along with this revision, the appellant had also filed an application for stay of operation of the order of the Revenue Divisional Officer. The Revision Petition is still pending before the Joint Collector and no orders have yet been passed on the application, filed by the appellant for stay of operation of the order of the Revenue Divisional Officer. 3. At that stage, the appellant received a notice from the Tahsildar, for conduct of a survey as part of the mutation proceedings to transfer an extent of Ac.0.12 cents of land, in the name of the appellant, to the 7th 4 RRR, J & TCDS, J W.A.No.1074 of 2025 respondent in the Revenue Records. Aggrieved by the said notice, the appellant herein has approached this Court, by way of W.P.No.22642 of 2025, contending that the Tahsildar, with the assistance of the Mandal Surveyor, is proposing to conduct a survey and the same is impermissible. The appellant also sought stay of all further proceedings, pending disposal of the suit. A learned Single Judge of this Court, by order, dated 29.08.2025, had directed the respondents to conduct a survey, subject to the result of the Writ Petition. Aggrieved by this order, the appellant has approached this Court, by way of the present Writ Appeal. 4. The conduct of survey or any mutation proceedings is on account of the orders of the Revenue Divisional Officer, dated 04.08.2025. Unless such an order is stayed or set aside, the necessary proceedings for implementation of the order cannot be stopped. However, the appellant had already moved a revision against such order as well as an application for stay of operation of the said orders. 5. Both the learned counsel inform this Court that the said Revision Petition is still pending before the Joint Collector and that no orders have been passed in the application filed by the applicant for stay of the orders of the Revenue Divisional Officer. 6. In the circumstances, this Writ Appeal is disposed of with a direction to the Joint Collector to dispose of the application filed by the appellant, for stay of operation of the order of the Revenue Divisional Officer, 5 RRR, J & TCDS, J W.A.No.1074 of 2025 within a period of two (02) weeks from the date of receipt of this order. Needless to say, it would also be open to the Joint Collector to dispose of the Revision Petition, filed by the appellant, within the aforesaid two (02) weeks or such time that may be needed. 7. Pending disposal of the application for stay, filed by the appellant, status quo shall be maintained. 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: 29.12.2025 MJA 6 RRR, J & TCDS, J W.A.No.1074 of 2025 13 THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL No.: 1074/2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 29.12.2025 MJA