WRIT PETITION 11196 of 2025 on 16 November 2006

1. The State of Andhra Pradesh, rep., by its Principal Secretary, RevenueDepartment, Secretariat Buildings, Velagapudi, Guntur[District.]Department, Secretariat Buildings, Velagapudi, Guntur[District.]

2. The District Collector, Chittoor District.

3. The Mandal Revenue Officer, Palamaner, Chittoor[District.]

4. The Mandal Surveyor, Palamaner Mandal, Chittoor[District.]

5. G. Ramachandra Naidu, S/o. Krishnam Naidu Aged about 70 years, Occ- Retd Emplyoee, R/o. Ranginayanapalli Village, GLS Farm Post,Palamaner Mandal, Chittoor District.Palamaner Mandal, Chittoor District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ, order or direction more particularly onein thenatureof a writof mandamusdeclaring the action onthepartof therespondents No.3 to 4 in trying to conduct survey of the land belong to thepetitionerinanextentofAc. 1.00centsatSurveyNo. 11/1inRanginayanapalliVillagefields,Palamaner Mandal,ChittoorDistrictbyissuing notices during the pendency of O.S. No.84 of[2025][ on][ the][ file][ of][ the]Hon'ble JuniorCivil Judge,Palamanerillegal,arbitrary[and]voilativeof fundamental and constitutional rights guaranteed to thepetitioner underArticles14, 21 and 300-A of the Constitution of India and consequentlydirect the respondents No. 3 to 4 not to conduct survey of the land havingan extent of Ac. 1.00 cents at Survey No. 11/1in Ranginayanapal li Villagefields, Palamaner Mandal, Chittoor District, during the pendency of O.S.No.84 of 2025 on the file of the Hon’ble Junior Civil Judge, Palamaner.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to stay all further proceedings in pursuance of the Notice, dated19.04.2025 and pending disposal of the above Writ Petition.Counsel for the Petitioner: M/s. S. PARINEETA

Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

Counsel for the Respondent No.5:--

The Court made the following: ORDER

APHC010226262025IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3329]

MONDAY ,THE FIFTH DAY OF MAYTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLUNIMMAGADDA

WRIT PETITION NO: 11196/2025

Between:

P.paul Raj,

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1. S PARINEETA

Counsel for the Respondent{S):

1. GP FOR REVENUE

The Court made the following:ORDER:

This Writ Petitionis filed under Article 226 of the[Constitution][ of]

India seeking the following relief;

“to issue a writ order or direction more particularlyone in the nature of a writ of mandamus declaring theaction on the part of the respondents No, 3 to 4 in[trying][ to]conduct survey of the land belong to the petitioner[In][ an]extentofAc1.00centsatSurveyNo. 11/IInRanginayanapalli Village fields Palamaner Mandal ChittoorDistrict by issuing notices during the pendency of[0][ S][ No]84 of 2025 on thefile of the Honble Junior Civil Judge

Palamaner illegal arbitrary and voilative of fundamental[and]constitutionalrights guaranteedtothepetitionerunderArticles 14 21 and 300A of the Constitution of India andconsequentlydirect the respondents No 3to4nottoconduct survey of the land having an extent of Ac.1.00cents at Survey No. 11/1 in Ranginayanapalli Village[fields]Palamaner Mandal Chittoor District during the pendency[of]O S No 84 of 2025 on thefile of the Honble Junior CivilJudge Palamanerand to pass such other order or orders...”

2. Heardthe learned counselfor thepetitioner andthelearnedGovernment Pleader for Revenue appearing for the respondents.Government Pleader for Revenue appearing for the respondents.

3. The learned counsel for the petitioner submits that the petitioner isthe absolute owner and possessor of the subject land, admeasuring toanextentofAc.1.00centinSurveyNo.11/1,situatedatRanginayanapalli Village fields, Palamaner Mandal,[Chittoor][ District][ and]having acquired the subject property fromits lawful owner through aregistered sale deed dated 16.11.2006 for valid consideration.[Since]then, the petitioner has been in continuous possession and enjoymentofthe subject property. The petitioner’s name was duly[mutated]in therevenue records, and he was issued pattadar passbooks[and][ title][ deeds]in respect of the said property. While so, the respondent[Nos.2][ to][ 5][ are]tryingtointerferewiththepetitioner’speacefulpossessionandenjoyment of the subject property. Consequently, the petitioner instituteda suit in O.S. No.84 of 2025 on the file of the Court of the Civil JudgePalamaner, against the respondents No.2 to 5, seeking for permanentinjunction restraining the respondent Nos. 2 to 5 from interfering with histhe absolute owner and possessor of the subject land, admeasuring toanextentofAc.1.00centinSurveyNo.11/1,situatedatRanginayanapalli Village fields, Palamaner Mandal,[Chittoor][ District][ and]having acquired the subject property fromits lawful owner through aregistered sale deed dated 16.11.2006 for valid consideration.[Since]then, the petitioner has been in continuous possession and enjoymentofthe subject property. The petitioner’s name was duly[mutated]in therevenue records, and he was issued pattadar passbooks[and][ title][ deeds]in respect of the said property. While so, the respondent[Nos.2][ to][ 5][ are]tryingtointerferewiththepetitioner’speacefulpossessionandenjoyment of the subject property. Consequently, the petitioner instituteda suit in O.S. No.84 of 2025 on the file of the Court of the Civil JudgePalamaner, against the respondents No.2 to 5, seeking for permanentinjunction restraining the respondent Nos. 2 to 5 from interfering with his peacefulpossessionandenjoyment of thesubjectland.Duringthependency of the said suit, respondents No.3 and 4 are trying to conducta survey of the subject land, which is contrary to law. Hence, the presentwrit petition.

4. She further submits that it is a settled proposition of law, once thesuitispendingbetweenthepartiesconcernedregardingthesuitscheduleproperty,the survey identificationin respect of the subjectproperty should be done as per the provisions of the CPC, 908 and asdirected by the Court below butit cannot be by way of survey by theofficial respondents other than by way of court proceedings,[which]isnothing but collecting evidence on the part of the plaintiff/defendants.suitispendingbetweenthepartiesconcernedregardingthesuitscheduleproperty,the survey identificationin respect of the subjectproperty should be done as per the provisions of the CPC, 908 and asdirected by the Court below butit cannot be by way of survey by theofficial respondents other than by way of court proceedings,[which]isnothing but collecting evidence on the part of the plaintiff/defendants.

5. In similar circumstances, this court in a batch of writ petitions i.e..W.P.Nos.13023 of 2020 and12833 of 2021,held that[once][ the]civilproceedings are initiated by the parties concerned, any steps regardingsuit schedule property including survey should be conducted as per theordersoftheCourtbelowafteradducingevidenceandthereforeconducting survey by the respondent authorities cannot be permitted.Therefore, issuance of notices to the petitioner herein/defendan[t][ therein]for conducting survey is contrary to the above stated settled propositionof law and liable to be set aside.W.P.Nos.13023 of 2020 and12833 of 2021,held that[once][ the]civilproceedings are initiated by the parties concerned, any steps regardingsuit schedule property including survey should be conducted as per theordersoftheCourtbelowafteradducingevidenceandthereforeconducting survey by the respondent authorities cannot be permitted.Therefore, issuance of notices to the petitioner herein/defendan[t][ therein]for conducting survey is contrary to the above stated settled propositionof law and liable to be set aside.

6. On the other hand, the learned Government Pleader for[Revenue]appearingfortherespondentsfurnishedwritteninstructionsdated05.05.2025 whereinit is stated as follows:-appearingfortherespondentsfurnishedwritteninstructionsdated05.05.2025 whereinit is stated as follows:- “Itissubmittedthatthepetitionerhasmanipulated the then revenue authorities to getpattadar passbooks for the lands admeasuringto and extent of AC. 1.24 cents in Sy.No.11/Dthough he has got right only for an extent ofAc. 1.00centsvideregisteredsaledeedNo.2462/1992. Hence, the petitioner who is theencroacher of the adjacent lands with malafideintentionis objection for survey of the land inSy. NO. 11/1 which is done as a part of resurveyprogrammeoftheGovernmentofAndhrapradeshinthepilotvillagei..eRanginayanipalle village of Palamner mandal”.

7. Having regard to the submissions made by the learned[counsel][ for]the petitioner and the learned Government Pleader for the respondents,and on perusalof the material placed on record, this[Court]isof theconsidered view that the present writ petition can be disposed of bydirectingthe respondentsnot toproceed further withthe surveyinrespect of the suit scheduleproperty,if the subject survey is beingconductedinrespectofthepetitioner’sland.However,iftherespondents are conducting a general survey in respect[of][ the][ entire]lands in the village as part of the survey, the respondents are at liberty toproceed further and complete the same. However, the respondents shallnot submit any specific survey reports in respect of the petitioner’s landthe petitioner and the learned Government Pleader for the respondents,and on perusalof the material placed on record, this[Court]isof theconsidered view that the present writ petition can be disposed of bydirectingthe respondentsnot toproceed further withthe surveyinrespect of the suit scheduleproperty,if the subject survey is beingconductedinrespectofthepetitioner’sland.However,iftherespondents are conducting a general survey in respect[of][ the][ entire]lands in the village as part of the survey, the respondents are at liberty toproceed further and complete the same. However, the respondents shallnot submit any specific survey reports in respect of the petitioner’s land before the Court below without there being further[orders][ from][ the][ Court]below. Otherwise, the respondents are at liberty to[conduct][ a][ survey][ and]demarcationinrespectof theremaininglandundertheresurveyextent of Ac.1.00 centin Sy.No.11/1,programme,excluding ansituated at Ranginayanapalli Village fields, Palamaner[Mandal,][ Chittoor]District.

8. Accordingly, the writ petition is disposed of.There[shall][ be no]order as to costs.order as to costs.

Consequently, Miscellaneous Petitions, if any, pendingin the writpetition shall stand closed.

Sd/- A. ViJAYA BA3Uassistant registrarr ^SECTION OFFICER

//TRUE COPY//

To,1. ThePrincipal Secretary, Revenue Department, State of AndhraPradesh,Secretariat Buildings, Velagapudi, Guntur District.1. ThePrincipal Secretary, Revenue Department, State of AndhraPradesh,Secretariat Buildings, Velagapudi, Guntur District.2. The District Collector, Chittoor District.

3. The MandalRevenue Officer, Palamaner, Chittoor District.

Palamaner Mandal, Chittoor District.'AfThe Mandal Surveyor, 5, One CC to M/s. S. Parineeta, Advocate [OPUC]

Q. Two CCs to GP for Revenue[High][ Court][ of][ Andhra][ Pradesh.][ [OUT]]

7. Three CD Copies.

ssb

HIGH COURT

DATED:05/05/2025

ORDER

WP.No.11196 of 2025

f2«MAr 2025.^ . Current bection,

DISPOSING OF THE W.P. WITHOUT COSTS