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Vemparala Thejesh v. the State of Andhra Pradesh

Andhra Pradesh HC8 Dec 2025WP/23167/2025

Case brief

AI extract

What is this about?

Survey notice dated 25.08.2025 set aside; Village Surveyor notice versus completed Mandal Land Surveyor survey; statutory remedy under A.P. Survey and Boundaries Act, 1923; notice served through WhatsApp; Crime No.421 of 2025 (BNS Sections 333, 351(2), 61(2)(a), 324(5), 329(3) read with 3(5)); land admeasuring 1098 Sq. Yards in Sy.No.356, Oteru Village, Tirupati Rural Mandal; Article 226 writ of mandamus; interim direction of 02.09.2025; liberty to assail survey as per statute; no costs.

What did the court decide?

Impugned Survey Notice dated 25.08.2025 issued by the 5th respondent set aside; liberty to the petitioner to assail, in an appropriate application as per the statute, the survey conducted by the Mandal Land Surveyor if he has any grievance; no order as to costs. ¶43

Vemparala Thejesh Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the 5th respondent (Village Surveyor) in issuing the Survey Notice dated 25.08.2025, served through WhatsApp, at the behest of the 6th respondent, and attempting to conduct a survey of the petitioner's private land admeasuring 1098 Sq. Yards in Sy.No.356, Avilala Gram Panchayat, Oteru Village, Tirupati Rural Mandal, Tirupati District, is illegal, arbitrary and without jurisdiction. +1 more

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Court's answer

The impugned notice dated 25.08.2025 issued by the 5th respondent (Village Surveyor) is set aside.

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Ratio / Principle

Since the survey has already been conducted by the Mandal Land Surveyor, the petitioner is given liberty, if he has any grievance against that survey, to assail it in an appropriate application as per the statute (the Act, i.e., the Andhra Pradesh Survey and Boundaries Act, 1923).

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Detailed headnote1 paragraphs

Writ Petition No. 23167 of 2025, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), D. Ramesh, J., decided 09.12.2025. Filed under Article 226 of the Constitution of India by Vemparala Thejesh seeking a writ of mandamus against a Survey Notice dated 25.08.2025, served through WhatsApp, issued by the 5th respondent-Village Surveyor, Avilala Gram Panchayat, at the behest of the 6th respondent (Gundu Srinivasa Rao) for survey of the petitioner's private land admeasuring 1098 Sq. Yards in Sy.No.356, Avilala Gram Panchayat, Oteru Village, Tirupati Rural Mandal, Tirupati District, following registration of Crime No.421 of 2025 by Tirupati Rural Police Station under Sections 333, 351(2), 61(2)(a), 324(5) and 329(3) read with 3(5) of BNS. The 6th respondent's counter placed on record a survey report dated 01.09.2025 of the Mandal Land Surveyor. Held: as the survey had already been conducted by the Mandal Land Surveyor, the impugned notice dated 25.08.2025 issued by the 5th respondent was set aside, with liberty to the petitioner to assail that survey, if aggrieved, in an appropriate application under the Andhra Pradesh Survey and Boundaries Act, 1923. Writ petition allowed; no order as to costs.

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APHC010455582025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3208]

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TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 23167/2025

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Between:

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VEMPARALA THEJESH, S/O. LATE KESHAVULU NAIDU, AGED ABOUT 33 YEARS, OCC BUSINESS R/O D.NO. 11-3-78, 3RD FLOOR, B BLOCK, SWARNA RESIDENCY, NEAR UMESH CHANDRA STATUE CHENCHUPET, TENALI, GUNTUR DISTRICT.

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...PETITIONER

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AND

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

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THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPAT

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THE REVENUE DIVISIONAL OFFICER R D O, TIRUPATI REVENUE DIVISION, TIRUPATI. TIRUCHANUR ROAD, TIRUPATI TOWN AND MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH.

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THE TAHSILDAR, TIRUPATI RURAL MANDAL, TIRUPATI.

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THE VILLAGE SURVEYOR, AVILALA GRAM

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PANCHAYAT, OTERU VILLAGE TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT.

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MR GUNDU SRINIVASA RAO, S/O G. KOTESHWARA RAO AGED ABOUT 55 YEARS, OCC BUSINESS, R/O D.NO.19-13-13/1-19, NARAYANAPURAM,

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.M/S INDUS LAW FIRM

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.P S P SURESH KUMAR

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The Court made the following:

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION No.23167 of 2025

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ORDER:

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This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“….to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5^th respondent in issuing a Survey Notice dated 25.08.2025 (served through WhatsApp) to the petitioner at the behest of the 6^th respondent and trying to conduct a survey in petitioner‟s private land admeasuring 1098 Sq. Yards located in Sy.No.356, Avilala Gram Panchayat, Oteru Village, Tirupati Rural Mandal, Tirupati District as illegal, arbitrary, without jurisdiction and also violative of provisions of A.P. Survey and Boundaries Act, 1923 and also violative of Article 21 and 300-A of the Constitution of India and consequently set aside the same and direct the respondents not to interfere with the possession and enjoyment of the petitioner‟s land admeasuring 1098 Sq. Yards located in Sy.No.356, Avilala Gram Panchayat, Oteru Village, Tirupati Rural Mandal, Tirupati District, without following the due process of law….”

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5.

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The grievance of the petitioner is that based on the complaint lodged by respondent No.6, Crime No.421 of 2025 was registered by Tirupati Rural Police Station against the petitioner herein under Sections 333, 351(2), 61(2)(a), 324(5) and 329(3) read with 3(5) of BNS.

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Considering the submissions, this Court has granted an interim direction on 02.09.2025.

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After notice, the 6^th respondent has filed a counter. Along with the counter, he has also placed the survey report dated 01.09.2025 of the Mandal Land Surveyor. He has submitted that in view of the survey already conducted by the Mandal Land Surveyor, there is no necessity to conduct survey by the Village Surveyor. Hence, the action of the Village Surveyor is not required. The grievance of the petitioner is that the notice issued by the 5^th respondent-Village Surveyor based on the crime is not in accordance with the provisions of the Andhra Pradesh Survey

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and Boundaries Act, 1923 (for short, „the Act‟). At any rate, as already the survey has been conducted, the petitioner has a remedy under the provisions of the Act.

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In view of the same, the impugned notice dated 25.08.2025 issued by the 5^th respondent is set aside giving liberty to the petitioner if he has any grievance against the survey conducted by the Mandal Land Surveyor, the same may be assailed in an appropriate application as per the statute.

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