APHC010291952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15000 of 2023 Between: 1. EDIGA NAGABHUSHANAM, S/O EDIGA NAGAPPA AGE 67 YEARS, R/O D.NO. 5-191 B BALAMPALLI, CHALIVENDALA VILLAGE, HINDUPUR MANDAL, SATYASAI DISTRICT. A.P 2. SMT. EDIGA SAVITRAMMA, W/O LATE E.S. NAGARAJU AGE 59 YEARS, R/O D.NO. 5-91 BALAMPALLI, CHALIVENDALA VILLAGE, HINDUPUR MANDAL, SATYASAI DISTRICT. A.P 3. EDIGA LAKSHMIDEVAMMA, W/O LATE E.N. SUBRAHMANYAM. AGE 70 YEARS, R/O BALAMPALLI, CHALIVENDALA VILLAGE, HINDUPUR MANDAL, SATYASAI DISTRICT. A.P 4. EDIGA N. SATYANARAYANA, S/O LATE EDIGA NAGAPPA AGE 75 YEARS, R/O D.NO. 5-92 BALAMPALLI, CHALIVENDALA VILLAGE, HINDUPUR MANDAL, SATYASAI DISTRICT. A.P 5. EDIGA ANJALI DEVI, W/O LATE EDIGA NAGENDRAYYA AGE 65 YEARS, R/O D.NO. 4-2-71 BALAMPALLI, CHALIVENDALA VILLAGE, HINDUPUR MANDAL, SATYASAI DISTRICT. A.P ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, SATYASAI DISTRICT, PUTAPARTHI, AP. 3. THE DISTRICT PANCHAYAT OFFICER, PUTAPARTHI, SATYASAI DISTRICT. A.P 4. THE REVENUE DIVISIONAL OFFICER, PUTAPARTHI, SATYASAI DISTRICT. A.P 2 5. THE TAHSILDAR, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 6. THE VILLAGE REVENUE OFFICER, CHALIVENDALA VILLAGE, I-1/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 7. THE SECRETARY, BALAMPALLI GRAMAPANCHAYAT, H/O CHALIVENDALA, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 8. EDIGA ANJANAPPA, S/O OBULA NARASINGAPPA, AGE 75 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 9. OBULA NARASINGAPPA, S/O ANJANAPPA AGE 45 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 10. EDIGA ANASUYAMMA, W/O VENKATAPPA AGE 50 YEARS, CHALIVENDALA VILLAGE, H/O HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 11. EDIGA RAMAPPA, S/O PEDDA GAVEPPA AGE 65 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 12. EDIGA GOPALLAPPA, S/O PEDDA GAVEPPA AGE 63 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 13. EDIGA RANGAPPA, S/O PEDDA GAVEPPA AGE 60 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 14. EDIGA KISTAPPA, S/O PEDDA GAVEPPA AGE 50 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 15. EDIGA PEDA AAHOBILAPPA, S/O CHINAGAVARAPPA AGE 70 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 16. EDIGA RATNAMMA, W/O LATE ANJANAPPA AGE 50 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 17. EDIGA ANADAPPA, S/O CHINA GAVEPPA AGE 50 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, HINDUPUR MANDAL SATYASAI DISTRICT. A.P. 18. EDIGA SRIRAMULU, S/O LATE CHINA GAVEPPA AGE 50 YEARS, CHALIVENDALA VILLAGE, H/O BALAMPALLI, 3 HINDUPUR MANDAL SATYASAI DISTRICT. A.P. ...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 Writ or Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the in action of the 5th respondent in not conducting survey and determine the boundaries of petitioners properties including houses and house sites for an extent of Ac.4.0.21/2 cents out of Ac. 8.50 cents in survey No. 379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai district, A.P including illegal interference of respondents 2 to 18 into peaceful possession and enjoyment of petitioners properties including houses and house sites for an extent of to an extent of Ac. 4.0.2 1/2 cents out of Ac. 8.50 cents in survey No. 379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai district, A.P without any right and title are illegal, arbitrary and unjust and also violation of survey and boundaries act. The illegal action of respondents 4 to 18 are quite arbitrary and unjust and also violation of article 14, 16, 21 and 300 -A of Indian Constitution and also violation of principles of natural justice, and consequently to direct the 5th respondent to conduct survey and determine the boundaries of petitioners properties including houses and house sites for an extent of extent of Ac. 4.02 1percent2 cents out of Ac. 8.50 cents in survey No. 379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai district, A.P and to direct the respondents 2 to 18 not to ever interfere into the peaceful possession and enjoyment of the petitioners of their respective properties including houses and house sites for an extent of Ac. 4.02 1/2 cents out of Ac. 8.50 cents in survey No. 379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai district, A.P. Counsel for the Petitioner(S): 1. K J V N PUNDAREEKAKSHUDU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N ASWARTHA NARAYANA 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4 The Court made the following: 5 ORDER: The Writ Petition is filed to declare the action of the 5th respondent in not conducting survey and determine the boundaries of petitioners property including houses and house sites for an extent of Ac.4.02½ cents out of Acs.8.50 cents in Sy.No.379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai District, A.P. including illegal interference of respondents 2 to 18 into peaceful possession and enjoyment of petitioners properties including houses and house sites for an extent to an extent of Ac.4.02½ cents out of Ac.8.50 cents in Sy.No.379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai District, A.P., without any right and title are illegal, arbitrary and unjust and also violation of Survey and Boundaries Act and the illegal action of respondents 4 to 18 are quite arbitrary and unjust and also violation of Articles 14, 16, 21 and 300A of the Constitution of India and also violation of principles of natural justice and consequently to direct the 5th respondent to conduct survey and determine the boundaries of petitioners properties including houses and house sites for an extent of Ac.4.02½ cents out of Ac.8.50 cents in Sy.No.379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai District and to direct the respondents 2 to 18 not to ever interfere into the peaceful possession and enjoyment of the properties of their respective properties including houses and house sites for an extent of Ac.4.02½ cents out of Ac.8.50 cents in Sy.No.379 of Chalivendala Village, Balampalli, Hindupur Mandal, Satyasai District. 2. The unofficial respondents 8 to 18 have filed counter and stated that the petitioners are no way concerned with the family or the 6 ancestors family of the respondents 8 to 18 and the property alleged to have seeking survey by the petitioners is not existing in toto since the subject land is covering roads, drainages, houses, and also the houses of the third parties who are alienated by the respondents 8 to 18 and even the alleged land claimed by the petitioners also does not belongs to them and they have no any piece of document to prove their prima facie right, title and interest over the property. 3. 3. The 5th respondent has filed counter and admitted that F-Line application was received from the petitioners and the Tahsildar has deputed the Mandal Surveyor to conduct survey and the Mandal Surveyor had issued notice to the concerned joint pattadars to be present on 17.06.2023 with all relevant documents for conducting survey of the land, but the survey was not conducted due to adjournment request made by the parties and further notices were issued to all the concerned parties on 13.07.2023 and both the parties have attended the survey conducted by the Mandal Surveyor on the date specified and during the course of survey, some of the unofficial respondents, namely, respondents 9, 10, 11, 15, 17 & 18 and the legal heirs of the respondent No.12 have given objection petition stating that the 4th petitioner and his family members have not submitted any documents to prove their title over the extent claimed by them and the boundaries of an extent of Ac.1.46 out of Ac.8.05 in Sy.No.379 of Chalivendula Village has been identified and the boundaries have been fixed. Further stated that as per the circular instructions issued by the Chief Commissioner of Land Administration, A.P., vide No.REV05- 7 19022/7/2022-I SEC, dated 21.04.2022, at para IX the grounds for rejection were given and the said details are extracted hereunder: "I. If land is not sub divided as per the records. II. If variation/difference is noticed between the Sy.No./Sub division number mentioned in the application and data available in the revenue records. III. If the applicant is not in physical possession of the land or fails to show his land parcel boundaries. IV. If the survey number/land parcel mentioned in the application is in civil litigation and pending with Hon’ble Courts at any level or if the defendants of those court cases file an objection for non conduction of the demarcation and there are specific orders barring the demarcation. V. If the Sy.No./land parcel/property parcel mentioned in the application is in the un-approved layout wherever detailed town survey/detailed Town Survey/detailed Gramakantam Survey is not conducted and wherever Grama Khantam is an independent Sy.No. or group of Sy.Nos. and internal parcels are not subdivided in such cases. VI. The Sy.No./ Land parcel which is in the enjoyment of the applicant is not found in his favour in any of the revenue records especially ROR IB, Webland Adangal and or any other authorized land record as may be prescribed by the Commissioner Survey, Settlements and Land Records (CSSLR)." 4. It is further stated in the counter that in the present case, the land was not sub divided as per the records, and the writ petitioners are not in physical possession of the land and fails to show his land parcel boundaries. Further the writ petitioners have not produced valid documents to prove their title over the land during the course of survey. 8 5. The counter filed by the 5th respondent suggests that the writ petitioners have not produced any document to prove their title to an extent of Ac.3.02 as claimed by the petitioners and the petitioners are unable to prove their title over the property. According to the circular memo dated 21.04.2022, a survey can be conducted only, if the enumerated conditions are fulfilled and in the present case, the writ petitioners have not fulfilled the conditions. Hence, I see no reasons to direct the respondents to grant the relief as prayed for. 6. Though the petitioners have filed reply affidavit to the counter affidavit filed by the 5th respondent, however, the petitioners have not established their right over the property. Learned counsel for the petitioners argues that when the petitioners are the owners to an extent of Ac.1.46 cents, the respondents shall presume the right over the other property. The said argument cannot be sustainable. A right cannot be presumed which has to be established. Therefore, the prayer sought for by the writ petitioners cannot be granted. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.02.2026 siva 9 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15000 of 2023 Date: 26.02.2026 siva