APHC010712232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36756/2025 Between: 1. THE COOPERATIVE COLLECTIVE FARMING SOCIETY, REGD. NO.466/WG, GUDIVAKALANKA, ELURU MANDAL, ELURU DISTRICT, REP.BY ITS PRESIDENT N. JAGAPATHI BABU, PIN CODE - 534004. 2. THE GUDIVAKA LANKA VADDIS PRIMARY FISHERMEN COOPERATIVE SOCIETY LTD.,, REGD. NO.21/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT JAYAMANGALA CHITTI BABU, PIN CODE - 534004. 3. . THE VIGNESWARA PRIMARY FISHERMEN COOPERATIVE SOCIETY,, REGD.NO.13/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT MORU CHANDRA MOHAN, PIN CODE - 534004. 4. SRINIVASA PRIMARY FISHERMEN COOPERATIVE SOCIETY,, REGD. NO.14/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT MUNGARA RUSHENDRA BABU, PIN CODE - 534004. 5. . SUBRAMANYESWARA PRIMARY FISHERMEN COOPERATIVE SOCIETY,, REGD.NO.2/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT JAYAMANGALA APPALARAJU, PIN CODE - 534004. 6. SRI VENKATESWARA PRIMARY FISHERMEN COOPERATIVE SOCIETY,, REGD.NO.31/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT SAIDU TIRUMALESHU, PIN CODE - 534004. 7. SRIRAMA PRIMARY FISHERMEN COOPERATIVE SOCIETY,, REGD.NO.1/D/KS, GUDIVAKALANKA, ELURU DISTRICT, REP.BY ITS PRESIDENT SAIDU NAGARAJU, PIN CODE - 534004. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522241 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU - 534001. 3. THE REVENUE DIVISIONAL OFFICER, ELURU REVENUE DIVISION, ELURU, ELURU DISTRICT, PIN CODE - 534001. 4. THE TAHSILDAR, ELURU RURAL MANDAL, ELURU, ELURU DISTRICT - 534001. 5. THE VILLAGE REVENUE OFFICER, GUDIVAKALANKA VILLAGE, ELURU RURAL MANDAL, ELURU DISTRICT - 534004. 6. THE DEPUTY INSPECTOR OF SURVEY, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ELURU REVENUE DIVISION, ELURU DISTRICT, PIN CODE - 534001. 7. THE MANDAL SURVEYOR, ELURU RURAL MANDAL, ELURU, ELURU DISTRICT - 534001. 8. THE VILLAGE SURVEYOR, , GUDIVAKALANKA, ELURU MANDAL, ELURU DISTRICT, PIN CODE - 534004. 9. THE DISTRICT FOREST OFFICER, ELURU, ELURU DISTRICT - 534001. 10. THE SUB DIVISIONAL FOREST OFFICER, ELURU, ELURU DISTRICT - 534001. 11. THE FOREST RANGE OFFICER, WILDLIFE MANAGEMENT SECTION, ELURU, ELURU DISTRICT - 534001. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly respondent No.4 to 8 at the instance of respondent No.9 to 11 in contemplating to conduct re-survey and fixation of boundaries between the lands of members of petitioners societies admeasuring an extent of Ac 1093.00 cents covered by different Survey Numbers of Gudivakalanka Village of Eluru Mandal and Eluru District assigned in their favor in ROC.No. 20012007, dt. 24.04.2007 by 4th respondent and lands of respondents No. 9 to 11 situated below plus 5 contour level called Kolleru Wild Life Sanctuary, without issuing notice to the petitioners' or its members and interfering with possession and enjoyment of the members of petitioners' societies under such guise, in-spite of fixation of boundaries permanently happened duly geo-tagging such boundaries of the forest lands indicating Longitudes and Latitudes, in line with the advance technology adopted by the Survey authorities to have foolproof marking of the lands in issue., during the year 2008 pursuant to the orders of Hon'ble Apex Court and Central Empowered Committee(CWC), as illegal, irregular, irrational, without any authority of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the members of the Petitioners Societies over their said Fresh Water Aqua culture farms in any manner and pass….” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioners submits that the respondents, more particularly respondent Nos.4 to 8, at the instance of respondent Nos.9 to 11, are proposing to conduct a re-survey and fixation of boundaries between the lands belonging to the members of the petitioners’ societies, admeasuring Ac.1093.00 cents comprised in various survey numbers of Gudivakalanka Village, Eluru Mandal and Eluru District, which were assigned in their favour vide Roc.No.2001/2007 dated 24.04.2007 issued by the 4th respondent, and the lands of respondent Nos.9 to 11 situated below the +5 contour level, forming part of the Kolleru Wildlife Sanctuary. It is contended that the said action is being undertaken without issuing any notice to the petitioners or their members and by interfering with their peaceful possession and enjoyment under the guise of survey, notwithstanding the fact that the boundaries were permanently fixed during the year 2008 by adopting advanced technology, including geo-tagging with latitude and longitude markings, pursuant to the directions of the Hon’ble Supreme Court of India and the Central Empowered Committee (CEC). Such action is alleged to be illegal, irregular, arbitrary, and contrary to the principles of natural justice, necessitating the filing of the present writ petition. 4. On the other hand, the learned Government Pleader appearing for the respondents submits that, pursuant to the directions issued by the Central Empowered Committee constituted by the Hon’ble Supreme Court while dealing with contempt petitions, certain queries were raised and a report was required to be submitted. Accordingly, the District Collector issued proceedings dated 20.12.2025 fixing schedule verification of Gudivakalanka Village on 31.12.2025. However, due to resistance from the petitioners, the respondent authorities were unable to complete the survey and demarcation process. 5. The learned counsel for the petitioners, in reply, submits that the members of the petitioners’ societies were granted DKT pattas and are in possession and enjoyment of the subject lands, and therefore, any survey or demarcation contemplated under the relevant provisions of law ought to be preceded by issuance of notice. It is contended that without following the prescribed statutory procedure and without issuing notice, the respondents ought not to have undertaken any survey activity. 6. Replying thereto, the learned Government Pleader submits that, in view of the specific directions of the Central Empowered Committee, the authorities are only conducting field verification for the limited purpose of submitting a factual report, and at that stage, issuance of notice or calling for objections was not contemplated. 7. Considering the submissions made on either side, and without expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the writ petition by directing the respondents to issue notice to the petitioners’ societies by way of affixture at their registered offices within a period of one (01) week from the date of receipt of a copy of this order. Thereafter, the respondents shall be at liberty to proceed with the survey and demarcation, strictly in accordance with law. It is made clear that the petitioners and their members shall extend full cooperation to the respondent authorities for completion of the survey and for submission of the requisite report to the Central Empowered Committee. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 06.01.2026 klk 231 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.36756 of 2026 06.01.2026 kkllkk