APHC010218212019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9659/2019 Between: 1. GADDE @ MATAPARTHI KESARI DURGA DEVI, W/O. M.V. RAGHAVENDRA RAO, AGED 61 YEARS, ADVOCATE, RIO. SUBBARAOPET, TADEPALLIGUDEM TOWN AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, WEST GODAVARI AT ELURU. 3. TAHSILDAR, NALLAJARLA MANDAL, WEST GODAVARI DISTRICT. 4. MANDAL SURVEYOR, NALLAJARLA MANDAL, WEST GODAVARI DISTRICT. 5. DHARMA THOPU, A CHARITABLE INSTITUTION AT AANTHAPALLI VILLAGE, REP. BY ITS EXECUTIVE OFFICER, ANANTHAPALLI VILLAGE, NALLAJARLA MANDAL, WEST 2 JS,J W.P.No.9659 of 2019 GODAVARI DISTRICT. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents in insisting the petitioner to vacate from a portion of site and structures situated in Survey Numbers 550 and 551/1 of Ananthaapallli revenue Village in Nallajarla Mandal of West Godavari District under the guise of survey notice issued by 4th respondent, without deciding her application to conduct survey dt. 27.06.2019, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioner's possession and enjoyment over the site and structures covered by said Survey Numbers, without following due procedure established by law and further direct the respondents to conduct survey and fix boundaries for both Survey Numbers and pass IA NO: 1 OF 2019 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 order stay of all further proceedings pursuant to notice dt. 12.07.2019 issued by 4th respondent and consequently direct the respondents not to interfere with the petitioner's possession over the site and structures covered by Survey Numbers 550 and 551/1 of Ananthapalli Revenue Village in Nallajarla Mandal of West Godavari District, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2021 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 extend the Interim Order dt. 23.07.2019 passed in IA No. 1 of 3 JS,J W.P.No.9659 of 2019 2019 in WP No. 9659 of 2019 as extended from time to time, in the interests of justice and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) This Court made the following: 4 JS,J W.P.No.9659 of 2019 ORDER: The petitioner claims to be the owner and possessor of land to an extent of Ac.1.24 cents in Sy.No.550 of Ananthapalli Revenue Village, Nallajarla Mandal, West Godavari District. The petitioner made an online application on 27.06.2019 to the respondent authorities for conducting a survey of the land. 2. Learned counsel for the petitioner submits that the 4th respondent issued notices dated 02.07.2019 and 12.07.2019, fixing a date for conducting a survey of the land in Sy.No.551/1 instead of the land of the petitioner in Sy.No.550. 3. The 3rd respondent filed a counter affidavit stating that the 4th respondent issued a notice dated 02.07.2019 to all the adjacent ryots including the petitioner for conducting survey of endowment land in R.S.No.551/1. It is alleged that the petitioner, without attending the survey, filed the present writ petition and obtained stay of all further proceedings initiated on 12.07.2019. 4. Learned Assistant Government Pleader for Revenue appearing for the official respondents submits that by virtue of the stay granted by this Court, the respondents are not proceeding with the survey, and requested to dispose of the writ petition by directing respondent Nos.3 and 4 to issue fresh notices to the applicants and the adjacent ryots and conduct survey of the land in Sy.Nos.550 and 551/1 of Ananthapalli Revenue Village, Nallajarla Mandal. 5. In view of the submissions of learned counsel for the petitioner as well as learned Assistant Government Pleader and since the dispute is confined only to the conduct of the survey of the land in Sy.Nos.550 and 5 JS,J W.P.No.9659 of 2019 551/1, this Court finds it appropriate to dispose of the writ petition without going into the merits of the case. 6. Accordingly, the Writ Petition is disposed of directing respondent Nos.3 and 4 to issue fresh notices to the petitioner/applicants and the adjacent ryots and conduct a survey of the land in Sy.Nos.550 and 551/1 of Ananthapalli Revenue Village, Nallajarla Mandal by fixing a new date. On receipt of such notice, the petitioner shall produce all the relevant documents in respect of his land before respondent Nos.3 and 4 and participate in the survey. After completion of the survey, respondent Nos.3 and 4 shall furnish copies of the report to the petitioner and all the affected parties. No order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM 1st April, 2026 cbs 6 JS,J W.P.No.9659 of 2019 THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.9659 of 2019 1st April, 2026 cbs