DASARI SUBBAIAH @ SUBBA RAO v. THE STATE OF ANDHRA PRADESH
WP/18052/2026 · 2026-07-19
B S Bhanumathi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6191 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6191 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010337712026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the twentieth day of July two thousand and twenty six The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.18052 of 2026 Between: Dasari Subbaiah @ Subba Rao Coolie, Samerapalem village, V.V. Palem mandal, Prakasam district. and
1. The State of Andhra Pradesh, rep. by its Principal Secretary,
Revenue Department, Secretariat buildings, Velagapudi,
Amaravati, Guntur district. 2. The District Collector, Ongole, Prakasam district. 3. The Tahsildar, V.V. Palem mandal, Prakasam district. Counsel for the petitioner:
1. M. Chalapathi Counsel for the respondent
1. G.P. for Revenue The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the twentieth day of July two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.18052 of 2026 Dasari Subbaiah @ Subba Rao, S/o. Pitchaiah, Age: 54 years, Occ: Coolie, Samerapalem village, V.V. Palem mandal, Prakasam district. …Petitioner of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, Amaravati, Guntur district. The District Collector, Ongole, Prakasam district. The Tahsildar, V.V. Palem mandal, Prakasam district. …..Respondents etitioner: espondents: The Court made the following:
[3311] Monday, the twentieth day of July two thousand and twenty six , S/o. Pitchaiah, Age: 54 years, Occ: Coolie, Samerapalem village, V.V. Palem mandal, Prakasam district. …Petitioner
of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, ..Respondents
2 BSB, J W.P.No.18052 of 2026 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the inaction of the respondents Nos.2 and 3 in not considering and disposing of the representations dated 23.02.2026 and 03.11.2025 by seeking survey and demarcation of assigned land in Sy. No. 614/7, admeasuring Ac. 5.00 cents of the petitioner situated at Chundi Revenue village, V.V. Palem mandal, Prakasam district, as illegal, arbitrary, violative of the principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents to conduct survey, fix boundaries and protect lawful possession of the petitioner over the said land.”
2. The case of the petitioner, briefly stated, is as follows:
The respondent No.3 assigned the petitioner an extent of Ac.
5.00 cents in Survey No. 614/7 situated at Chundi revenue village, V.V. Palem mandal, Prakasam district, under assignment No.1604/1984 for agricultural purposes. Consequently, the respondent No.3 issued a pattadar passbook and title deed book in favour of the petitioner. The name of the petitioner was mutated in the relevant revenue records. The petitioner has been in possession and enjoyment of the property since then. The neighbouring landholders are attempting to encroach the assigned land of the petitioner by taking advantage of absence of proper survey and boundary demarcation. Therefore, the petitioner has
3 BSB, J W.P.No.18052 of 2026 been repeatedly requesting the respondents to conduct survey and fix the boundaries of his lands. The respondent No.3 failed to consider the genuine request of the petitioner. Earlier, the petitioner submitted an application through MeeSeva during the years 2018 and 2021 seeking an F-Line survey. He submitted a petition in Spandana programme vide PRA No. 202202212002, before the District Collector, Ongole. The petition was forwarded to the Tahsildar / respondent No.3. The Revenue Inspector and the Mandal Surveyor conducted an enquiry. Advance notice, dated 24.12.2021, was issued to the petitioner and also the adjoining landholders. In the presence of both the parties, survey was conducted. Reference was made to the field measurement book. It was noticed that the field measurement book register reflects only three sub-divisions in Sy. No. 614 whereas, as per the revenue records, including record No.1A, Sy. No. 614 is divided into eight sub-divisions. Though the petitioner produced revenue records before the respondent No.3, there is no further action. Hence, this writ petition was filed. 3. The learned Assistant Government Pleader for Revenue placed on record a copy of the written instructions of the respondent No.3 vide Rc.
No. DT / 393 / 2026, dated 13.07.2026, mainly stating that the writ petitioner is not a resident of Chundi revenue village and did not have sufficient age at the time of assignment of the land since he might have been twelve (12) years of age by then. Moreover, for the past 25 years, he has not been in possession, cultivation & enjoyment of the subject land. He was filing several petitions to conduct survey and fix boundaries of the subject land. It seems that the writ petitioner is intentionally misleading the revenue authorities and Courts. It is further stated that pursuant to the endorsement, dated 24.02.2022, the writ
4 BSB, J W.P.No.18052 of 2026 petitioner did not submit necessary documents such as D.K.T. patta and pattadar pass book. 4. The learned counsel for the petitioner submitted that the revenue authorities gave an endorsement, dated 24.02.2022, stating that the F.M.B. record shows only three sub-divisions in Sy. No.614 whereas, the revenue record 1A of Chundi village discloses eight (8) sub- divisions of land in Sy. No. 614. The endorsement reads as follows:-
“…On examination of the record files, it was found that according to the F.M.B., survey No.614 had been divided into three sub-divisions, namely, Survey Nos.614/1, 614/2 and 614/3. Measurements were conducted for the entire land in Survey No.614 according to the sub- divisions existing in the F.M.B. and the following encroachments were recorded.
As per F.M.B.: Survey No. Total extent Extent under enjoyment Enjoyers / Encroachers 614/1 5.29 1.54 Waste land
1.70 Kamineni Venkanna, S/o. Malakondaiah
0.75 Mekala Lakshmamma, W/o. Kondaiah Mekala Chenchamma, W/o. Malyadri
0.89 Stream
0.08 Kamineni Venkanna, S/o. Malakondaiah
0.33 Meenugu Malyadri, S/o. Ankaiah
5.29
614/2 5.10 5.10 Mekala Lakshmamma, W/o. Kondaiah Mekala Chenchamma, W/o. Malyadri 614/3 13.13 0.88 Waste land
0.65 Stream
1.84 Kamineni Venkanna, S/o. Malakondaiah
5 BSB, J W.P.No.18052 of 2026
6.78 Meenugu Malyadri, s/o. Ankaiah
2.29 Stream
0.69 Mekala Lakshmamma, W/o. Kondaiah Mekala Chenchamma, W/o. Malyadri
13.13
Total Extent
23.52 cents
As per Revenue record 1A: Survey Number Extent 614/1 Ac.5.00 cents 614/2 Ac.5.00 cents 614/3 Ac.1.16 cents 614/4 Ac.0.18 cents 614/5 Ac.0.14 cents 614/6 Ac.2.00 cents 614/7 Ac.5.02 cents 614/8 Ac.5.02 cents Total extent Ac.23.52 cents
5. Insofar as non-submission of necessary documents is concerned, it can be easily verified by the revenue authorities and indicate whether it is genuine or not. Insofar as pattadar passbook and title deed are concerned, its copy was already enclosed to the petition. Even then, there is no clear statement in the written instructions as to whether the particulars furnished by the petitioner regarding the patta, the title deed and the passbook are correct or not. Insofar as conflict in the sub- divisions is concerned, it is for the revenue authorities to look into that conflict and it has nothing to do with the role of the petitioner in any
6 BSB, J W.P.No.18052 of 2026 manner. Under these circumstances, there is no merit to decline the application of the petitioner. 6. Therefore, the Writ Petition is disposed of, directing the respondent No.3 to pass a reasoned order on the application of the petitioner and take appropriate action as per the decision taken thereon, within three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ___________________ B. S. BHANUMATHI, J Dt.20.07.2026 RAR Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No