Disposed¶37

S Pedda Narayana v. the State of Ap

Andhra Pradesh HC2 Sept 2025WP/19675/2025

Case brief

AI extract

What is this about?

Survey without notice; violation of principles of natural justice; survey declared null and void; direction for re-survey after notice to affected parties; AP Survey and Boundaries Act, 1923 procedure; Article 226 mandamus; revenue authorities - Tahsildar and Mandal Surveyor, Atmakuru; pendency of civil suits O.S.No.1199 of 2022 (title declaration) and O.S.No.1872 of 2023 (permanent injunction); unofficial respondent ex parte despite service; Ananthapuramu; no costs.

What did the court decide?

Writ petition disposed of directing respondent Nos.4 and 5 to conduct a re-survey in accordance with law after issuing notice to the affected parties; the earlier survey dated 24.07.2025 declared null and void; no order as to costs; pending interlocutory applications closed. ¶37

S Pedda Narayana Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the survey conducted by the revenue authorities on 24.07.2025 in respect of land in Sy.No.136/6, Madigubba Village, Atmakuru Mandal, Ananthapuramu District, without notice to the petitioner and in his absence, and during the pendency of O.S.No.1199 of 2022 and O.S.No.1872 of 2023, is illegal and in violation of principles of natural justice, and whether a re-survey after notice to affected parties ought to be directed.

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Court's answer

The survey conducted on 24.07.2025 was conducted in the absence of the writ petitioner and is in clear violation of principles of natural justice.

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Ratio / Principle

The earlier survey conducted on 24.07.2025 is null and void, as it was conducted in the absence of the writ petitioner.

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Key takeaways

Respondent Nos.4 and 5 are directed to conduct a re-survey in accordance with law after issuing notice to the affected parties.ratio¶37

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India - survey conducted by revenue authorities on 24.07.2025 in respect of land in Sy.No.136/6, Madigubba Village, Atmakuru Mandal, Ananthapuramu District, without issuing any notice to the petitioner and in his absence, during pendency of O.S.No.1199 of 2022 (declaration of title) and O.S.No.1872 of 2023 (permanent injunction) on the file of the II Addl. Junior Civil Judge, Ananthapuramu - Tahsildar's written instructions dated 05.08.2025 fairly admitted no notice was issued - Held: survey conducted in the absence of the writ petitioner is in clear violation of principles of natural justice and is null and void - respondent Nos.4 and 5 (Tahsildar and Mandal Surveyor, Atmakuru) directed to conduct re-survey in accordance with law after issuing notice to the affected parties - Writ Petition disposed of; no order as to costs.

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APHC010388302025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3330]

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WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.19675 of 2025

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Between:

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S PEDDA NARAYANA, S/O LATE RAJAPPA, AGED 85 YEARS, OCC CULTIVATION, R/O. JANTHULURU VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTAPURAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT.

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THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU, ANANTAPURAM DISTRICT.

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THE TAHSILDAR, ATMAKURU, ANANTAPURAM DISTRICT.

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THE MANDAL SURVEYOR, ATMAKURU, ANANTAPURAM DISTRICT.

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S GOPAL, SS/O. SADDALA CHINNA NARAYANA, AGED 36 YEARS, OCC CULTIVATION, MADIGUBBA VILLAGE, ATMAKURU MANDAL, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S):

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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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the revenue authorities in conducting the survey on 24.07.2025 in respect of land in Sy.No.136/6 to an extent of Ac.No.4.99 cents though, the petitioners land being part of land in Sy.No.136/6 to an extent of Ac.No.2.49 cents situated at

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Madigubba Village, Atmakuru Mandal, Ananthapuramu District without issuing any notice, without affording any opportunity and without following any procedure contemplated under AP Survey and Boundaries Act, 1923 and in spite of pendency of the suit in O.S.No.1199 of 2022 on the file of the II Addl. Junior Civil Judge, Ananthapuramu for declaration of title as well as another suit in O.S.No.1872 of 2023 for grant of permanent injunction as illegal, arbitrary, unconstitutional, and consequently direct the revenue authorities not to undertake any sort of survey or interference in respect of petitioners property in Sy.No.136/6 to an extent of Ac.No.2.49 cents situated at Madigubba Village, Atmakuru Mandal, Ananthapuramu District till disposal of the above referred suits and to pass

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Counsel for the Petitioner:

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1.N ASWARTHA NARAYANA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

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"……. to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the revenue authorities in conducting the survey on 24.07.2025 in respect of land in Sy.No. 136/6 to an extent of Ac.No.4.99 cents though, the petitioner's land being part of land in Sy. No. 136/6 to an extent of Ac. No.2.49 cents situated at Madigubba Village, Atmakuru Mandal, Ananthapuramu District without issuing any notice, without affording any opportunity and without following any procedure contemplated under AP Survey and Boundaries Act, 1923 and in spite of pendency of the suit in O.S.No. 1199 of 2022 on the file of the II Addl. Junior Civil Judge, Ananthapuramu for declaration of title as well as another suit in O.S.No. 1872 of 2023 for grant of permanent injunction as illegal, arbitrary, unconstitutional, and consequently direct the revenue authorities not to undertake any sort of survey or interference in respect of petitioner's property in Sy.No.136/6 to an extent of Ac.No.2.49 cents situated at Madigubba Village, Atmakuru Mandal, Ananthapuramu District till disposal of the above referred suits and to pass such other order……"

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The grievance of the petitioner herein is that during the pendency of the civil suit with regard to the declaration of title between the

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petitioner and the unofficial respondent No.6, a survey was conducted in the absence of the petitioner on 24.07.2025, without issuing any notice to the petitioner in respect of the land in Sy.No.136/6 to an extent of Acs.4.99 cents, which is part of the petitioner’s land and in Sy.No.136/6 to an extent of Acs.2.49 cents situated at Madigubba Village, Atmakuru Mandal, Ananthapuramu District. Hence, the present Writ Petition is filed to re-conduct the survey.

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Learned State Counsel placed on record the written instructions addressed by the Tahsildar to the Government Pleader for Revenue, High Court of Andhra Pradesh, dated 05.08.2025, instructing that the survey was conducted in the presence of the police and the possession was handed over to the unofficial respondent No.6, however, it is fairly admitted that no notice was issued to the petitioner herein. Learned State Counsel, however, tried to appraise this Court that the survey was conducted in the presence of the petitioner, but however, fairly admitted that the said proceedings were conducted without issuing notice to the petitioner herein.

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As seen from the proceeding sheet dated 06.08.2025, this Court permitted the petitioner to take out personal notice to the unofficial respondent. Learned counsel for the petitioner filed a memo dated 29.08.2025, vide WP USR No.95101 of 2025, enclosing proof of service of notice on the unofficial respondent by way of track report. As seen from the said track report, the item was delivered on 26.08.2025 to the unofficial respondent herein. Despite receipt of notice, the unofficial respondent has not made any appearance.

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Therefore, the present Writ Petition is disposed of, directing the respondent Nos.4 and 5 to conduct re-survey, as the survey, which was conducted on 24.07.2025, was conducted in the absence of the writ petitioner and it is in clear violation of principles of natural justice. The re-survey shall be conducted in accordance with law after issuing notice to the affected parties. The earlier survey conducted on 24.07.2025 is null and void, as it was conducted in the absence of the writ petitioner. There shall be no order as to costs.

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As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 03.09.2025

siva

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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