IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD^iw^ WRIT PETITION NO: 3950 OF 2025 far X k (B), OW, Between: 1. Guna Appanna, S/o.Nookanna, Aged About 55yrs, D.No.3-24, NN Patnam village, Rowthulapudi Mandal Kakinada District -533 406. 2. Guna Arjuna, S/o.Nookanna, Aged about 49yrs, D.No.2-122, NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406. 3. Guna Pugappa, S/o.Nookanna, Aged about 48yrs, D.No.4-16, NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406. ...PETITIONER’S AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (VIg.llI) Department, Secretariat Building, Amaravathi Guntur District. 2. The District Collector AND District Magistrate, Kakinada, Kakinada District-533 004. 3. Revenue Divisional Officer, Peddapuram, Kakinada District-533 437. 4. The Tahsildar, Rowthulapudi Mandal, Kakinada District. 5. Land Surveyor, Sachivalayam, N.N.Patnam, Rowthulapudi Mandal, Kakinada District. 6. Village Revenue Officer, N.N.Patnam village, MRO office, Rowthulapudi (Po AND M), Kakinada District. 7. Allam Satyanarayanamurthy Padal, S/o.Pedavenkanna padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal Kakinada District-533 406. 8. Allam Venkata Narasimha Padal, S/o.Pedavenkanna padal NN Patnam village, Rowthulapudi Mandal Kakinada District-533 406. D.No 0-0 9. Allam Acharya Padal, S/o.Pedavenkanna padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406. Allam Ramanna Padal, S/o.Sanyasi padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406. 10. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 particularly one in the nature of a Writ of Mandamus, declaring the actions of Respondents No. 5 and 6, who conducted more a survey on an extent of 4.56 acres in Survey No. 208/3 on 07.02.2025 with police support and without giving notice to the petitioners, as illegal, arbitrary, unconstitutional clear violation of Articles 14 and 300-A of the Additionally, their actions are contrary to the Andhra Pradesh Boundaries Act, 1923. and a Constitution of India. and a Constitution of India. Survey and lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3"'^ respondent to settle the land matter of N.N. Patnam Mokhasa village covering an extent of 509.86 acres, in respondent and in compliance with the applicable laws and rules; Until the land matter for the entire is settled. accordance with the instructions of the 2 nd village lA 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 to direct the 4‘^ respondent not to interfere the petitioners lA NO: 3 OF 2Q2fi Petition under Section 151 CPC land. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 2"^^ respondent may be to take disciplinary action against Respondents No. 5 and 6, who conducted a survey on an extent of 4.56 acres in Survey No. 208/3 in N.N. Patnam village, Rowthulapudi Mandal, Kakinada District, 07.02.2025, with police support and without giving notice to the petitioners. It is prayed that action be taken against Respondents No. 5 and 6 under Clause (g) of Subsection 1, Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended by Act No. 1 of 2016), for interference with the enjoyment of land rights of the Scheduled Tribes. Counsel for the Petitioners :SRI. INAPURAPU SURYANARAYANA Counsel for the Respondent No’s. 1 to 6: SRI K ARJUN CHOWDARY AGP FOR REVENUE Counsel for the Respondent 7 to 10: -- The Court made the following ORDER: APHC010069012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY JHE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3950/2025 Between: Guna Appanna and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.INAPURAPU SURYANARAYANA ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3950/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of respondents Nos. 5 and 6, who conducted a survey on an extent of 4.56 acres in Survey No. 208/3 on 07.02.2025 with police support and without giving notice to the petitioners as illegal, arbitrary, unconstitutional and a clear violation of Articles 14 and 300-A of the Constitution of India Additionally their actions are contrary to the Andhra Pradesh Survey and Boundaries Act, 1923 and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.4. 58 cents in survey No.208/3. Regarding the nature of the land and determination of the ownership, an LRT is pending before the Tribunal. Pending the case, at the behest of the unofficial respondents, respondent Nos.4 to 6 are trying to conduct survey and trying to dispossess the petitioners from their land in survey No.208/3. He further submits that on 07.02.2025, the respondents tried to conduct survey with police force, ignoring 3 the possession of the petitioners in respect of the some portion of the land in survey No.208/3. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader furnished th the written instructions dated 17.02.2025 issued by the 4 respondent, wherein it is stated as under: ‘b) The possession and enjoyment of the land in question is not proved. The Writ Petitioners are not having any documentary evidence to prove their title over the subject land an measuring Ac. 4.56 cents in Sy.No.208/3 of N.N Patnam Village, Rowthulapudi Village. c) As per village Revenue records the subject land was recorded in the name of Sri Allam Ramam Dora & Others and having Pattadar Passbooks also as detailed below: SI.No. Patta Name of the Pattadar Sy. Extent in Ac. No. No. 1 399 Allam Venkanna Padalu China 208/3 1.52 2 400 Allam Ramamdora 208/3 1.52 3 414 Allam Sanyasayyapadalu 208/3 0.30 4 489 Allam Satyanarayanamurthy Padalu 208/3 0.30 5 434 Allam Venkata 208/3 0.30 Narasimhacharyulu 6 203 Allam Ramanna 208/3 0.31 Padalu 7 205 Allam Lakshmannapadalu 208/3 0.31 V-*' 4 5. Learned Government Pleader for the respondents submits that the entire land in survey No.208/3 is held by seven ryots, in whose names the pattadar passbooks were issued vide patta numbers as mentioned above. The instructions of the 4*^ respondent do not contain any whisper about the possession and enjoyment of the petitioners in respect of the land in survey No.208/3. He further submits that the case of the petitioners herein is only that the respondents are taking steps for conducting survey pursuant to the application made by the unofficial respondents, who are the pattadars and possessors of the subject lands as mentioned above. By conducting the survey in respect of the land owned by the pattadars, no prejudice would be caused to the petitioners. As such the Writ Petition is liable to be dismissed. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for \ the respondents and on perusal of the material placed on record th more particularly the written instructions submitted by the 4 respondent herein, it is observed that even according to the petitioners, the respondents are trying to conduct survey in respect of the land in survey No.208/3 of N.N. Patnam Village. It is settled law that conducting survey by the authorities even though at the instance of anybody or pattadar, will strengthen the rights of the possessors over the subject land. Therefore, by conducting survey 5 no prejudice will be caused to the petitioners, if the petitioners really in possession and enjoyment of the property. 7. In view of the above, this Court is of the considered opinion that the present Writ Petition can be disposed of directing respondent Nos.4 to 6 to conduct survey as per the applications submitted by the unofficial respondents, but the respondents cannot dispossess the petitioners without following due procedure contemplated under the law. Even after conducting survey, if the respondents intend to dispossess the petitioner, they shall abide the due procedure as required. are as 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue (VIg.lll) Department, State of Andhra Pradesh, Secretariat Building, Amaravathi Guntur District. 2. The District Collector and District Magistrate, Kakinada, Kakinada District-533 004. 3. Revenue Divisional Officer, Peddapuram, Kakinada District-533 437. 4. The Tahsildar, Rowthulapudi Mandal, Kakinada District. 5. The Land Surveyor, Sachivalayam, N.N.Patnam, Rowthulapudi Mandal, Kakinada District. fe'- •- 6. The Village Revenue Officer, N.N.Patnam village, MRO office, Rowthulapudi (Po AND M), Kakinada District. 7. One CC to SRI. INAPURAPU SURYANARAYANA, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK HIGH COURT DATED:05/03/2025 ORDER t 0 2 APR 20?s 5 ^ , Current Section . ^ WP.No.3950 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS