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2026 DAILYLAW 2502 (AP)

GALIVEETI SIVARAMI REDDY v. The State of Andhra Pradesh

WP/12644/2026 · 2026-05-03

B Krishna Mohan

body2026

Judgment text

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APHC010232792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12644/2026 Between: 1. GALIVEETI SIVARAMI REDDY, S/O LATE GALIVEETI NARAYANA REDDY, AGED ABOUT 50 YEARS. OCCUPATION BUSINESS, R/O. DOOR NO.1/129-1, CHENNAMUKKAPALLI, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, MADANAPALLE.517325 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY REVENUE DIVISION, RAYACHOTY, ANNAMAYYA DISTRICT.516269 4. THE TAHSILDAR, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT.5162694. 5. P NARASIMHA KUMAR, FATHER NAME IS NOT KNOWN TO THE PETITIONER TAHSILDAR, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT.516269 6. THE MANDAL SURVEYOR, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT.516269 2 BKM,J W.P.No.12644 of 2026 7. CHANDRASEKHAR, FATHER NAME IS NOT KNOWN TO THE PETITIONER MANDAL SURVERYOR, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT.516269 8. V SUBBARAYUDU, S/O V. VENKATESH, OCC RETIRED HEADMASTER SURABHI VILLAGE, CHAKRAYAPETA MANDAL Y.S.R. KADAPA DISTRICT.516259 ...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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No.4 and 6 in proposing to locate the property being claimed by the respondent No.8 by issuing notices, dated 13.03.2026 and 30.03.2026 under the purported survey without referring to any provisions of law, is nothing, but, colorable exercise of power, contrary to the provisions of BSO 34-A of the Andhra Pradesh Board of Revenue Standing Orders and also the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and the well- established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19, and 21 of the Constitution of India and consequently setaside the same and pass IA NO: 1 OF 2026 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 may be pleased to grant stay of all further proceedings inpursuance of the notice, dated 13.03.2026 issued by the respondent No. 6, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.12644 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 6. 2. The issuance of notices to the respondent Nos.7 and 8 is dispensed with as no prejudice would cause to them even if it is disposed of in their absence. 3. This writ petition is filed questioning the notices issued by the 6th respondent dated 13.03.2026 and 30.03.2026 at the instance of the 8th respondent, who gave representation to the 4th respondent by sending it through post. 4. The learned counsel for the petitioner submits that basing upon the said representation of the 8th respondent, the proposed survey was fixed under the above said impugned notices dated 13.03.2026 and 30.03.2026 of the 6th respondent. 5. The learned counsel for the petitioner mainly contends that the 6th respondent has not followed the due procedure and there is no F-line application made by the 8th respondent and no other notices were served to the neighboring land owners, for the purpose of conducting the proposed survey at the instance of the 8th respondent herein. However, the petitioner gave legal notice dated 01.04.2026 to the Mandal Revenue Officer, Mandal Surveyor and others concerned. For which, curiously, the 4th respondent 4 BKM,J W.P.No.12644 of 2026 replied for the same vide Ref.No.A/289/2026 dated 02.04.2026, but there is no progress of conducting of any survey pursuant to the above said impugned notices dated 13.03.2026 and 30.03.2026 of the 6th respondent. 6. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent Nos.4 and 6 will follow the due procedure for conducting survey. 7. In view of the above said facts and circumstances, the petitioner is permitted to give explanation/objections, if any, for the above said impugned notices of the 6th respondent dated 13.03.2026 and 30.03.2026, enclosing all the necessary documents in support of his claim within a period of two (02) weeks from the date of receipt of this order. On receipt of such explanation/objections from the petitioner, the respondent Nos.4 and 6 shall conduct necessary enquiry pursuant to the above said impugned notices of the 6th respondent dated 13.03.2026 and 30.03.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioner and the 8th respondent, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) months thereafter and the conducting of survey shall be strictly in accordance with law, ignoring the legal notice and the reply of the same and there shall be an independent enquiry by considering the objections of the petitioner afresh. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 5 BKM,J W.P.No.12644 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 04.05.2026 PGT