Guna Appanna Vs the State of Ap

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE FIFTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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^
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OW, (B),

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD^iw^

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WRIT PETITION NO: 3950 OF 2025

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Between:

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Guna Appanna, S/o.Nookanna, Aged About 55yrs, D.No.3-24, NN Patnam village, Rowthulapudi Mandal Kakinada District -533 406.

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Guna Arjuna, S/o.Nookanna, Aged about 49yrs, D.No.2-122, NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406.

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Guna Pugappa, S/o.Nookanna, Aged about 48yrs, D.No.4-16, NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406.

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...PETITIONER’S

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (VIg.llI) Department, Secretariat Building, Amaravathi^{GunturDistrict.}

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The District Collector AND District Magistrate, Kakinada, Kakinada District-533 004.

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Revenue Divisional Officer, Peddapuram, Kakinada District-533 437.

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The Tahsildar, Rowthulapudi Mandal, Kakinada District.

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Land Surveyor, Sachivalayam, N.N.Patnam, Rowthulapudi Mandal, Kakinada District.

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Village Revenue Officer, N.N.Patnam village, MRO office, Rowthulapudi (Po AND M), Kakinada District.

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Allam Satyanarayanamurthy Padal, S/o.Pedavenkanna padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal Kakinada District-533 406.

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Allam Venkata Narasimha Padal, S/o.Pedavenkanna padal NN Patnam village, Rowthulapudi Mandal Kakinada District-533 406. D.No 0-0

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Allam Acharya Padal, S/o.Pedavenkanna padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406.

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Allam Ramanna Padal, S/o.Sanyasi padal, D.No 0-0 NN Patnam village, Rowthulapudi Mandal, Kakinada District-533 406.

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...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order, or direction more particularly one in the nature of a Writ of Mandamus, declaring the actions of Respondents No. 5 and 6, who conducted a survey on an extent of 4.56 acres in Survey No. 208/3 on 07.02.2025 with police support and without giving notice to the petitioners, as illegal, arbitrary, unconstitutional and a clear violation of Articles 14 and 300-A of the Constitution of India. Additionally, their actions are contrary to the Andhra Pradesh Survey and Boundaries Act, 1923. lA NO: 1 OF 2Q2fi

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3"'^ respondent to settle the land matter of N.N. Patnam Mokhasa village covering an extent of 509.86 acres, in accordance with the instructions of the 2 nd respondent and in compliance with the applicable laws and rules; Until the land matter for the entire village is settled.

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4‘^ respondent not to interfere the petitioners land. lA NO: 3 OF 2Q2fi

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^^ respondent to take disciplinary action against

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Respondents No. 5 and 6, who conducted a survey on^{anextentof4.56} acres in Survey No. 208/3 in N.N. Patnam village, Rowthulapudi Mandal, Kakinada District, 07.02.2025, with police support and without giving notice to the petitioners. It is prayed that action be taken against Respondents No. 5 and 6 under Clause (g) of Subsection 1, Section 3^{oftheScheduled} Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended by Act No. 1 of 2016), for interference with the enjoyment of land rights of the Scheduled Tribes.

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Counsel for the Petitioners :SRI. INAPURAPU SURYANARAYANA Counsel for the Respondent No’s. 1 to 6: SRI K ARJUN CHOWDARY

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AGP FOR REVENUE

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Counsel for the Respondent 7 to 10: -- The Court made the following ORDER:

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APHC010069012025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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WEDNESDAY JHE FIFTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3950/2025

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Between:

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Guna Appanna and Others

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...PETITIONER(S)

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.INAPURAPU SURYANARAYANA

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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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2

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%

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3950/2025

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus declaring the actions^of respondents Nos. 5 and 6, who conducted a survey on an extent of 4.56 acres in Survey No. 208/3 on 07.02.2025^with police support and without giving notice to the petitioners^as illegal, arbitrary, unconstitutional and a clear violation of Articles 14 and 300-A of the Constitution of India Additionally their actions are contrary to the Andhra^Pradesh Survey and Boundaries Act, 1923 and pass such other order.

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Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

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Learned counsel for the petitioners submits that the petitioners are in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.4. 58 cents in survey No.208/3. Regarding the nature of the land and determination of the ownership, an LRT is pending before the Tribunal. Pending the^case, at the behest of the unofficial respondents, respondent Nos.4 to 6 are trying to conduct survey and trying to dispossess the petitioners from their land in survey No.208/3. He further submits that on 07.02.2025, the respondents tried to conduct survey with police force, ignoring

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the possession of the petitioners in respect of the some portion of the land in survey No.208/3. Hence, the Writ Petition.

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On the other hand, learned Government Pleader furnished the written instructions dated 17.02.2025 issued by the 4 th respondent, wherein it is stated as under:

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‘b) The possession and enjoyment of the land in question is not proved. The Writ Petitioners are not having any documentary evidence to prove their title over the subject land an measuring Ac. 4.56 cents in Sy.No.208/3 of N.N Patnam Village, Rowthulapudi Village.

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c) As per village Revenue records the subject land^was recorded in the name of Sri Allam Ramam Dora & Others and having Pattadar Passbooks also as detailed below:

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SI.No.	Patta No.	Name of the Pattadar	Sy. No.	Extent in Ac.
1	399	Allam Venkanna Padalu China	208/3	1.52
2	400	Allam Ramamdora	208/3	1.52
3	414	Allam Sanyasayyapadalu	208/3	0.30
4	489	Allam Satyanarayanamurthy Padalu	208/3	0.30
5	434	Allam Venkata Narasimhacharyulu	208/3	0.30
6	203	Allam Ramanna Padalu	208/3	0.31
7	205	Allam Lakshmannapadalu	208/3	0.31

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V-*'

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4

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Learned Government Pleader for the respondents submits that the entire land in survey No.208/3 is held by seven ryots, in whose names the pattadar passbooks were issued vide patta numbers as mentioned above. The instructions of the 4*^ respondent do not contain any whisper about the possession and enjoyment of the petitioners in respect of the land in survey No.208/3.^Hefurther submits that the case of the petitioners herein is only that the respondents are taking steps for conducting survey pursuant to the application made by the unofficial respondents, who are the pattadars and possessors of the subject lands as mentioned^above. By conducting the survey in respect of the land owned by the pattadars, no prejudice would be caused to the petitioners.^Assuch the Writ Petition is liable to be dismissed. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government^Pleaderfor the respondents and on perusal of the material placed^on record more particularly the written instructions submitted by the 4th respondent herein, it is observed that even according to the petitioners, the respondents are trying to conduct survey in respect of the land in survey No.208/3 of N.N. Patnam Village. It is settled law that conducting survey by the authorities even though at the instance of anybody or pattadar, will strengthen the rights of the possessors over the subject land. Therefore, by conducting survey

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no prejudice will be caused to the petitioners, if the petitioners are really in possession and enjoyment of the property.

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In view of the above, this Court is of the considered opinion that the present Writ Petition can be disposed of directing respondent Nos.4 to 6 to conduct survey as per the applications submitted by the unofficial respondents, but the respondents cannot dispossess the petitioners without following due procedure as contemplated under the law. Even after conducting survey, if the respondents intend to dispossess the petitioner, they shall abide the due procedure as required.

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