APHC010681262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35547/2025 Between: 1. MANDAGIRI SUBBARAYUDU, S/O. SUBBAIAH AGED ABOUT 65 YEARS, OCC AGRICULTURE, R/O. GOPIREDDYPALLE VILLAGE, B.MATTAM MANDAL Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT. 3. THE DEPUTY INSPECTOR OF SURVEY AND LAND RECORDS, O/O. BADVEL REVENUE DIVISION, BADVEL, Y.S.R KADAPA DISTRICT. 4. THE TAHSILDAR, B.MATTAM MANDAL, Y.S.R KADAPA DISTRICT. 5. T CHINNA POLAIAH, S/O. POLAIAH, AGED ABOUT 58 YEARS, OCC CULTIVATION, R/O. T.G.P.ROAD, KOTHURU VILLAGE, B.MATTAM MANDAL Y.S.R. KADAPA 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 topleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Endorsement, dated 21.08.2025 issued by the respondent No.3 rejecting my request for conduct of survey and sub-division over the land in an extent of Ac.0.19 percent cents in Sy.No.426/3 of Somireddipalle Village, B.Mattam Mandal, Y.S.R Kadapa 0 District stating that, the respondent No.5 filed Civil Revision Petition in CRP.No.1662 of 2025 over the aforementioned land and the same is pending adjudication and that, that the survey would be taken up only after disposal of the said CRP, eventhough there are no stay/restraint orders as arbitrary, illegal, abdication of the statutory duty cast on him and also the well established legal principles, apart from being violative of the fundamental and the constitutional rights guaranteed to us under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 and 4 to conduct survey and sub-division of the land in an extent of Ac.0.19 3/4 cents in Sy.No.426/3 of Somireddipalle Village B.Mattam Mandal Y.S.R Kadapa District by setting aside the Endorsement, dated 21.08.2025 issued by the respondent No.3 and pass IA NO: 1 OF 2025 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 direct the respondents No.3 & 4 to conduct survey and demarcate the boundaries by considering the representation, dated 23.06.2025 afresh by suspending the Endorsement, dated 21.08.2025 issued by the respondent No.3, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. The Court made the following: 1.This Writ Petition is filed aggrieved by the endorsement dated 21.08.2025 issued by the 3rd respondent rejecting the request of the petitioner for conduct of survey and sub-division in respect of land admeasuring Ac.0.19¾ cents in Sy.No.426/3 of Somireddipalle Village, B.Mattam Mandal, Y.S.R Kadapa District, on the ground that respondent No.5 filed C.R.P.No.1662 of 2025 and that the survey would be taken up only after disposal of the said Civil Revision Petition, even though no stay or restraint orders are in force. 2. The petitioner submits that he filed a suit based on registered documents and the said suit in O.S.No.312 of 2008 on the file of the Court of the Junior Civil Judge, Mydukur was decreed and became final. The schedule to the said decree clearly describes the subject property and confirms the rights of the petitioner. 3. It is further submitted that subsequently the unofficial respondent filed a suit against the petitioner and the same was dismissed for default. An application filed to set aside the ex-parte decree was also dismissed, against which the 5th respondent preferred C.R.P.No.1662 of 2025 before this Court. The pendency of the said revision has no bearing on the petitioner’s property, particularly when the petitioner already holds a valid decree in his favour. Hence, the impugned endorsement issued on that ground is contrary to law. 4. Notice to the 5th respondent has been served and proof of service has been filed before this Court. Despite receipt of notice, the 5th respondent has not appeared. 5. The learned Government Pleader appearing for respondent Nos.1 to 4, on instructions, submitted that the documents produced by the petitioner for conduct of survey did not contain proper boundaries and therefore the authorities were unable to proceed with the survey. 6. Considering the above submissions and on perusal of the decree filed along with the writ petition, it is evident that the schedule to the decree clearly specifies the boundaries of the property. Therefore, the reason assigned in the impugned endorsement cannot be sustained. 7. Accordingly, this Writ Petition is disposed of by setting aside the endorsement dated 21.08.2025 and the matter is remanded to the 4th respondent for reconsideration of the application filed by the petitioner for conduct of survey and sub-division. The 4th respondent shall take into consideration the schedule of boundaries as mentioned in the decree in O.S.No.312 of 2008 and pass appropriate orders strictly in accordance with the provisions of the Andhra Pradesh Survey and Boundaries Act and the Rules thereunder, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 05.01.2026 RMD THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.35547 of 2025 05.01.2026 RMD