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2025 Supreme(Online)(AP) 9454

HIGH COURT OF ANDHRA PRADESH
D RAMESH, J
polamreddy Dasaratha Rami Reddy – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 29624 of 2022



Advocates:
For the Appellants/Petitioners: SRK REDDY KOWURI
For the Respondents: GP FOR REVENUE, GP FOR HOME

Administrative actions cannot interfere with ongoing civil litigation, preserving legal rights and procedures.

Headnote:(A) Constitution of India - Articles 14, 19, 21, and 300-A - Petition under Article 226 for issuance of Mandamus - Petitioner claims the actions of the respondents are arbitrary and illegal as they interfere during the pendency of a civil suit regarding land title - Court emphasizes the need to protect the petitioner's possession and not allow interference until the suit is resolved. (Paras 1-3)

(B) Writ Jurisdiction - Conduct of survey and interference with possession by authorities is questioned in the light of ongoing civil litigation - Court highlights the principle that administrative actions should not undermine legal proceedings. (Paras 2-3)

Facts of the case:
The petitioner, a vice-chairman, seeks to stop the government from conducting a survey and submitting a report on land disputed during the pendency of a civil suit. The petitioner argues this action is against established legal procedures and his fundamental rights.

Findings of Court:
The court directed the respondents not to dispossess the petitioner or take any steps regarding the survey until further orders.

Issues: The main issue addressed is the authority of the respondents to conduct a survey during ongoing civil proceedings.

Ratio Decidendi: The court ruled that administrative actions should not interrupt civil litigation and emphasized the respect for ongoing legal processes.

Result: Petition allowed.

Table of Content
1. court emphasizes the need for respect in ongoing litigation. (Para 4)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)

WEDNESDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO .-PRESENT:

THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29624 OF 2022 Between :

polamreddy Dasaratha Rami Reddy, S/o Krjshna Reddy, Aged 57 years, Occ vice-chaI'rman Rayachoty Municipality, R/o. Door No.37/69, S.N.Colony, Rayachoty Town and Mandal,-Annamayya District ...Petitioner 'AND

1. The State of Andhra Pradesh, rep., by I-tS PrincI-Pal Secretary, Revenue Department, secretariat Buildings, velagapudi, Amaravatj, Guntur District.

-2. The Tahsildar, Rayachoty M~andal, Annamayya Distr,'ct.

3. The Sub-Inspector of police, Rayachoty (u/s) police stall-On, Rayachoty, Annamayya Distrl-ct.

4. Madem Adi Narayana Reddy, S/o.Late M.Gangi Reddy, Aged about 64 years, N.G.O.Colony, R`ayabhoty Town and Mandal, Annamayya District. i, ...Respondents petition under Article 226 of the ConstI-tutiOn Of India praying that in the;`

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or directl-on more particularly one in the nature of wrl-I of Mandamus declaring the Letter, dated 21.08.2022`

addressed by the respondent Nor.3 requesting the respondent Noa2 to conduct the survey and submit report ih respect of the land in an extent of *Ac.0.50 cents in sy.No.553 of Rayachoty village and Mandal, Annamayya District tor _ -` •t i,6t settle the title dispute in between the petitioner and the respondent No.4 ..a . +. ,,y`.J`+, t|hat too during pendency of the civil suit in o.s No.21 of 2022 on the file of I ,_the court of principal Junior C.ivil Judge, Rayachoty as arbitrary, illegal, quite .` I.* \

rcontrary to the procedure envl'sa`g_ed under the provI'SiOnS the Andhra Pradesh *¢ seurvey and Boundaries Act,_,,1923, BSO 34-A of the Board of Revenue A I f. I `* -i.`,_a:ltsaond:nhge owredl:rs:stthaebll:lrecdula:rIInnclRp:esNoa:::65f4r:/m99 Jbde:ntged v:o5IaOt;v:00olf :hned -`'* `

fundamental and Constl-tutional rights guaranteed to the petitioner under Articles 14,19, 21 and 300-A of the ConstI-tutiOn Of India and consequently set aside the same and such order or orders fit and proper and circumstance of the case. '' (prayer is amended in+'wri{ petition and affI-davit aS Per the CourtJs `:`prder dated 27.06.2025 vide`:'6rder passed in I.A.No.1 of 2024)

I;:^J! -'l, ,.~.`

\

;]A NOI. OF 2022 I. --.-. *

+6 Petition under sec'ti-on 151` CPC praying that in the circumstances:

`§tated in the affidavit filed ih-'su'pporf of the petition, the High Court may be pleased to grant further stay of all further proceedI-ngS in Pursuance Of the:i Letter, dated 21.08.2022 addressed by the respondent No.3, Pending disposail

6f wp 29624 of 2022, on the file of the High Court.

-.. '\i{,i,` I ._ .

The Petition comin.g ont6r hearing, upon perusing the petition and th6'

:`affI-davit filed in support th6reof a`nd upon hearing the arguments of srl| v Rat REDDY KOWURl, Advocat'e-for the petitioner, and of GP FOR REVENUE, for the Respondent Nos.1 & 2, and of GP FOR HOME, for the Respondentq No.3, the Court made lherfoll6wing S'

1.m,~-H>`*+\_owl':y = ri .

I I - I ` \ ` + I\€ {_

JRDER:

Leamed counsel for:ythe, -petitioner(s) is permI-tied tO take Out ..:i ;,Personal notice to Respondent No.4 by RPAD and file proof of servI-Ce :i,into the Registry. ,.`

Om perusal of the do-cuments filed along with this writ petition -3Clearly discloses that the 4th respondent has filed suit in os.No.21 of .2022 on the file of Court of principal Junior Civil Judge Rayachoty +equesting to grant permanent injunction in favour of him. He has als6 filed two illterlocutory applications under order 26 RLIIe 9 'C.P.C td appoI-nt an advocate commissioner to fix boundaries of the suit Schedule property with the, help of MandaI Surveyor. tWhen the civil court is unable to grant -`imjunction agaI-nSt the petitioners, the:

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