APHC010100732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5349/2025 Between: Induru Chandrasekhara Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5349/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents 3 to 5 in trying to conduct survey of the land having an extent of Ac.0.06 cents at Survey Nos.6 and 36/1 in Govindapalle Village of Sirivella Mandal, Nandyal District by issuing notices during the pendency of O.S. No.103 of 2024 on the file of the Hon’ble Junior Civil Judge, Allagadda as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the defendant in O.S.No.103 of 2024 on the file Court of Junior Civil Judge, Allagadda, Nandyala. The unofficial respondent herein, who is the plaintiff in the suit instituted a suit for declaration of title and permanent injunction in respect of the suit schedule property admeasuring to an extent of Ac.0.06 cents in Survey Nos.6 and 36/1 situated at Govindapalle Village, Sirivella Mandal, Nandyal District. Learned counsel for the petitioner further submits that after filing of the written statement by the petitioner herein/ defendant therein and after disputing the physical features of the property, the plaintiff/ respondent herein submitted an F-line application requesting to conduct survey in respect of the suit schedule property. He further submits that it is a settled proposition of law, once the suit is pending between the parties concerned regarding the suit schedule property, the survey/ identification in respect of the subject property should be done as per the provisions of the CPC and as directed by the Court below but it cannot be by way of survey by the official respondents other than by way of Court proceedings, which is nothing but collecting evidence on part of the plaintiff. 4. In similar circumstances, this Court in a batch of writ petitions i.e, W.P.Nos.13023 of 2020 and 12833 of 2021, held that once the civil proceedings are initiated by the parties concerned, any steps regarding suit schedule property including survey should be conducted as per the orders of the Court below after adducing evidence and therefore conducting survey by the respondent authorities cannot be permitted. Therefore, issuance of notices to the petitioner herein/ defendant therein after conducting survey is contrary to the settled proposition of law and liable to be set aside. 5. On the other hand, learned Government Pleader of the respondents furnished written instructions dated 07.03.2025, wherein, it is stated as follows: “When the issue came to my notice about this W.P. case- immediately, I enquired the Mandal Surveyor and V.R.O and verified the connected papers about the case/ issue. On my enquiry it revealed that- Kolli Naga Munneswara Reddy- who filed an application for F-line survey not furnished the facts about the case in O.S.No.103/2024 at Hon’ble Junior Civil Judge Court- Allagadda, hiding the said O.S. case details he filed the Survey Application. On receipt of this W.P. case only it is came to my notice about the Civil Suit (For Title Declaration) in O.S.No.103/2024 is pending at Junior Civil Judge- Allagadda between the present petitioner and 6th respondent. Hence, immediately I directed the Mandal Surveyor to stop the survey and however a show cause notice also issued to the said Mandal Surveyor in this regard and directed him to verify the all records thoroughly and to follow the Survey and Boundaries Act scrupulously, while dealing the F-line Applications. Finally it is requested that- this writ petition may kindly be dismissed in the admission stage itself that- as the prayer of the petitioner herein by considered and the survey has been stopped, until the receipt of final orders in O.S.No.103/2024 in Hon’ble Junior Civil Judge Court-Allagadda.” 6. He further submits that in view of the settled proposition of law and after perusing of the written instructions, the respondents stopped the proposed survey as alleged by the petitioner and it is further stated that till the further orders of the Court below the respondents are not going to conduct any survey as per the settled proposition of law as relied by the petitioner herein. 7. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the material placed on record, with reference to the written instructions dated 07.03.2025, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents not to proceed further with the survey in respect of the suit schedule property, till passing of further orders by the Court below. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 10.03.2025 BSP 189 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5349 of 2025 10.03.2025 BSP