APHC010421132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21727 of 2023 Between: 1. JONNALAGADDA VINAY CHOWDARY, S/O BHARAT RAO, R/O D.NO. 3-17, NAKKALLU VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP' BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, STATE SECRETARIAT VELAGAPUDI, AMARAVATHI 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY (SEC.-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI 3. THE DIVISIONAL FOREST OFFICE, , MARKAPURAM 4. THE FOREST RANGE OFFICER, YERRAGONDAPALEM, MARKAPURAM, PRAKASAM DISTRICT 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT 6. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM, PRAKASAM DISTRICT 7. THE TAHASILDAR, YERRAGONDAPALEM, MARKAPURAM, PRAKASAM DISTRICT 8. THE MANDAL REVENUE INSPECTOR, YERRAGONDAPALEM MANDAL, PRAKASAM 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 the writ of Mandamus declaring inaction of the 2 Respondent No.6 to 8 in not demarcating the Petitioner's private land admeasuring Ac. 13.70 Cents in Sy. No. 1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District despite conducting survey on 16.05.2020 and submitting representation(s) dated 29.10.2016, 11.04.2017, 23.01.2019 and further action of respondents No. 3 and 4 herein in interfering with the Petitioner's absolute possession and enjoyment of land admeasuring Ac. 13.70 Cents in Sy. No. 1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District as illegal arbitrary, unjust and contrary to the provisions of the Andhra Pradesh Forests Act, 1967, Andhra Pradesh Survey and Boundaries Act, 1923 and AP Board of Revenue Standing Orders besides being violative of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the Respondent No.6 to 8 to demarcate the Petitioner's private land admeasuring Ac. 13.70 Cents in Sy. No. 1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District and to direct the Respondents No. 3 and 4 not to interfere with the Petitioner's absolute possession and peaceful enjoyment of the subject property. Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FORESTS The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue a writ, order or direction more particularly one in the nature of the writ of Mandamus declaring inaction of the Respondent No.6 to 8 in not demarcating the Petitioner's private land admeasuring Ac.13.70 Cents in Sy.No.1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District despite conducting survey on 16.05.2020 and submitting representation(s) dated 29.10.2016, 11.04.2017, 23.01.2019 and further action of respondents No.3 and 4 herein in interfering with the Petitioner's absolute possession and enjoyment of land admeasuring Ac.13.70 Cents in Sy.No.1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District as illegal, arbitrary, unjust and contrary to the provisions of the Andhra Pradesh Forests Act, 1967, Andhra Pradesh Survey and Boundaries Act, 1923 and AP Board of Revenue Standing Orders besides being violative of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the Respondent No.6 to 8 to demarcate the Petitioner's private land admeasuring Ac.13.70 Cents in Sy.No.1, Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District and to direct the Respondents No.3 and 4 not to interfere with the Petitioner's absolute possession and peaceful enjoyment of the subject property, and pass such other orders……" 4 2. Shorn of all the facts in the affidavit filed in support of the Writ Petition, the grievance of the petitioner is to direct the respondent- authorities including the Forest Department to demarcate the subject property of the Writ Petition and to further direct the respondent Nos.3 and 4 not to interfere with the petitioner’s absolute possession and peaceful enjoyment of the subject property. 3. It is the case of the petitioner that the petitioner is the absolute owner and possessor of the property to an extent of Acs.13.70 cents in Sy.No.1 of Lingavanipalli Village, Yerragondapalem Mandal, Prakasam District, that he has purchased the same from one Bolla Ramayya vide registered sale deed No.1230/2014 dated 24.03.2014 for a valid consideration. Therefore, the petitioner’s counsel would urge this Court to direct the respondent-authorities to conduct a survey and to demarcate the land. 4. The 3rd respondent has filed counter stating that GPS readings were recorded by the Forest staff along the boundary stones shown by the revenue officials and when the GPS readings superimposed on the Gazette notification of Lingamvaripalli Reserve Forests, it is observed that out of Acs.66.12 cents area, Acs.36.39 cents of areas was falling in the reserve forests in Compt No.127 of Kolukula Beat, while Acs.29.73 cents was falling in reserve land. It is also observed that the revenue survey stones were about 415 mts inside the reserve forest. Hence, the statement given by the Tahsildar, Yerragondapalem that the revenue boundary and the forest jurisdiction have been satisfied is ruled out and after declaration under Section 15 of the A.P.Forest Act, 1967, no authority has a right to enter names in revenue record and the petitioner 5 has no right to claim the property. Hence, prayed to dismiss the Writ Petition. 5. The 7th respondent has filed counter affidavit and stated that the re-survey was completed and regarding the land in Sy.No.1, as there was a dispute at that time, the land of the petitioner was neither fixed nor demarcated and the 13-Notification of Lingamvanipalli village was published in Prakasam District extraordinary gazette No.45 dated 22.06.2023. During the joint inspection conducted along with the petitioner, it was noticed that the land in question was covered in jungle growth and showed no signs of cultivation. Consequently, the demarcation of the subject land could not be conflicted. The petitioner was informed to clear the jungle to facilitate the survey and demarcation as per records. Since the petitioner has not yet cleared the jungle, the land remains under-marketed. 6. The petitioner’s counsel would request this Court for disposal of the Writ Petition without going into the merits of the case with a direction to the respondents to conduct re-survey and to demarcate the land in the presence of the petitioner and in the presence of the Forest Department. 7. Acceding to the request of the learned counsel for the petitioner, this Court is inclined to dispose of the Writ Petition directing the respondent-authorities to conduct re-survey and to demarcate the subject land in the presence of the petitioner and the Forest Department Officials in accordance with law after giving notices to both the parties. It is needless to say that the said process of conducting re-survey and 6 demarcation of the land shall be completed within a period of three months from the date of receipt of a copy of this order. 8. With the above direction, the Writ Petition is disposed of. 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: 22.01.2026 Siva/JAK 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21727 of 2023 Date: 22.01.2026 Siva/JAK