Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6389 OF 2025 Between: Hafijana Gururaju S/o H. Sreeramulu Aged about 35 years, R/o 3/33a, S.C.Colony, Atikelagundu, Nalakadoddi, Pathikonda, Kurnool District. Tatari Rani W/o Talari Maruthi, Aged about 29 years, R/o 18-110, Kummari Street, Pathikonda, Kurnool District. Talari SunithaW/o T. Govindarajulu Aged about 41 years, R/o Atikelagundu, Nalakadoddi, Pathikonda, Kurnool District. Talari Gangamma W/o T. Chinna Ranganna Aged about 66 years, R/o 4-50-2, 4‘^ ward, Atikelagundu, Pathikonda, Kurnool District. Medikunda Suvarnamma W/o M. Sunkanna Aged about 38 years, Atikelagundu post, Nalakadoddi, Kurnool District.
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5. K. Ranganna S/o K.Venkappa Aged about 70 years, R/o Atikelagundu, Nalakadoddi Pathikonda, Kurnool District.
6. Petitioners And The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department, Secreatiate Building, Velagapudi, Guntur District. The District Collector, Kurnool Kurnool District.
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3. The Revenue Divisional Officer, Pathikonda, Kurnool District. \
4. The Tahasildar, Pathikonda, Kurnool District.
5. The Mandal Revenue Inspector, Pathikonda, Kurnool District. ....Respondents \ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, Hon’ble Court may be more particular one in the the action of the 4 pleased to issue any writ,
order or direction nature of Writ of Mandamus declaring th respondent in issuing proceedings Rc. (B) 156/2022 dated 24-01-2025 directing the 5 th respondent to resume the assigned lands of the writ petitioner 1 to 5to Sy. No. 108,to an extent of Ac Ac. 1.50 cents in Sy. No. 108, an extent of Ac. 1.50 cents in 1.50 cents in Sy. No. 108 ,to an extent of \ an extent of Ac. 1.50 cents in Sy. No. 108 ,an extent of Ac, 1.50 cents in Sy. No. 108 and to resume the land of 6 petitioner videproceedings Rc. (B) 156/2022 dated 157/2022 dated 24-01-2025of th 24-01-2025 and Rc. (B) an extent of Ac.
2. 86 cents of Sy. No. Kurnool District without 107/2of Nalakadoddi village, Pathikonda Mandal, considering the explanation and basing on the report of 5‘^ respondent which was prepared without notice to the writ violation of principles of Natural Justice and violative petitioners is illegal, Arbitrary, of the Articles 14, 19 and 300 A of the constitution of India and consequently set a side the same.
APHC010121442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BM0 [3329] m MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6389/2025 Between: ...PETITIONER Harijana Gururaju AND ...RESPONDENT The State Of Ap Counsel for the Petitioner:
1.KVRAGHU VEER Counsel for the Respondent:
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6389/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in issuing proceedings in Rc.(B) 156/2022 dated 41.01.2025 directing the 5*^ respondent to resume the assigned lands of the writ petitioner Nos. 1 to 5 to an extent of Ac. 1.50 cents in Sy.No.108, to an extent of Ac. 1.50 cents in Sy.No.108, to an extent of Ac. 1.50 cents in Sy.No.108, an extent of Ac. 1.50 cents in Sy.No.108, an extent of Ac. 1.50 cents in Sy.No. 108 and to resume the land of 6^^ respondent vide proceedings Rc.(B).156/2022 dated 24.01.2025 and Rc.(B). 157/2022 dated 24.01.2025 of an extent of Ac.2.86 cents of Sy.No. 107/2 of Nalakadoddi Village, Pathikonda mandal, Kurnool District without considering the explanation and basing on the report of 5^^ respondent which was prepared without notice to the writ petitioners is illegal, arbitrary, violation of principles of natural justice and violative of the Articles 14, 19 and 300-A of the Constitution of India and consequently set aside the same and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that petitioner Nos.1 to 5 were assigned the land admeasuring to an extent of Ac.1.50 cents each in Sy.No.108 and petitioner No.6 was assigned the land admeasuring to an extent of Ac.2.86 cents in Sy.No. 107/2 of Nalakadoddi Village, Pathikonda Mandal, Kurnool District and they
3 have been in possession and enjoyment of the subject lands. While things stood thus, the 4‘^ respondent issued impugned proceedings dated 24.01.2025 resuming the lands of the petitioners on the N ground that the petitioners are not cultivating the subject lands and violated the assignment conditions. He further submits that the impugned proceedings dated 24.01.2025 under which the lands of the petitioners were sought to be resumed is without considering the explanation submitted by the petitioners. As such, the said proceedings are contrary to the law and the impugned proceedings dated 24.01.2025 is liable to be set aside. 4. On the other hand, learned Government Pleader for the respondents submits that the petitioners are available with the alternative remedy by way of statutory appeal.
As such the petitioner can challenge the impugned proceedings by way of statutory appeal before the Revenue Divisional Officer/3^'^ respondent. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, the Writ Petition is disposed of directing the petitioners to prefer an appeal before the 3'"^ respondent against the impugned proceedings dated 24.01.2025, within a period of two(2) weeks from the date of receipt of copy of this Order. After filing the same, the 3'^'^ respondent shall considered the same and pass appropriate orders in
4 accordance with law, within a period of three(3) months thereafter. In the meanwhile, the respondents are directed not to dispossess the petitioners from the subject properties. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// FFICER SE To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Pathikonda, Kurnool District. 4. The Tahasildar, Pathikonda, Kurnool District
5. The Mandal, Revenue Inspector, Pathikonda, Kurnool District. 6. One CC to SRI. K V RAGHU VEER, Advocate [OPUC]
7. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
8. Three C.D.Copies nm
HIGH COURT DATED:17/03/2025
ORDER WP.No.6389 of 2025 5 03 APR 2025 S -SV ^ . Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS