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2025 DAILYLAW 15927 (AP)

K. Suresh Kumar Reddy, v. THE STATE OF ANDHRA PRADESH

WP/10335/2025 · 2025-04-22

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10335 OF 2025 Between: K. Suresh Kumar Reddy, S/o. K. Shiva Reddy, Aged about 34 years, Occ: Agriculture, R/o. H.No.14-32, Kothachamalapalli, Chilamatur Panchayathi, Chilamatur Mandal, Anantapur District. Presently Sri Satya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh 2. The District Collector, Sri Satya Sai District at Puttaparthi, Erstwhile Anantapur District. 3. The Revenue Divisional Officer, Penukonda, Sri Satya Sai District, Erstwhile Anantapur District. 4. The Tahsiidar, Chilamatur Mandal, Sri Satya Sai District Erstwhile Anantapur District ...Respondents 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, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring 4th respondent in issuing notice vide Rc.No.51/2025/B, dated 10.04.2025 to the petitioner to attend the enquiry before the office of 3rd respondent to submit records in respect of Sy.No.467-3B1 admeasuring Ac.0.91 cents of land situated Chilamatur Revenue Village and panchayathi area of Chilamatur Mandal, Sri Satya Sai District Erstwhile Anantapur District and in consequence thereof trying to dispossess the petitioner from the above said land as illegal, arbitrary and without having jurisdiction and misuse of powers vested with the office and violative of Article 14, 21, 300-A of Constitution of India and consequently set-aside the same and further directing the respondents not to dispossess petitioner from the above said land. at lA NO: 1 OF 2025 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 respondents not to dispossess the petitioner from land in respect of Sy.No.467-3B1 admeasuring Ac.0.91 cents situated Chilamatur Revenue Village and panchayathi area of Chilamatur Mandal, Sri Satya Sai District Erstwhile Anantapur District, by suspending impugned notice issued by the 4th respondent in Rc.No.51/2025/B , dated 10.04.2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P NARAHARI BABU at Counsel for the Respondents: GP FOR REVENUE The Court made the following order: T ::1:: / APHC010206532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10335/2025 Between: K. Suresh Kumar Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR REVENUE f 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10335/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: 1. “..to issue a Writ one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring 4*'’ respondent in vide Rc.No.51/2025/B, dated 10.04.2025 to the issuing notice petitioner to attend the enquiry before the office of 3'"' respondent to submit records in respect of Sy.No.467-3B1 admeasuring Ac.0.91 cents of land situated at Chilamatur Revenue Village and panchayathi area of Chilamatur Mandal, Sri Satya Sai District Erstwhile Anantapur District and in consequence thereof trying to dispossess the petitioner from the above said land as illegal, arbitrary and without having jurisdiction and misuse of powers vested with the office and violative of Article 14, 21, 300-A of the Constitution of India and consequently set- aside the same and further direct the respondents not to dispossess petitioner from the above said land and pass..” Heard learned counsel for the Petitioner and learned Government Pleader for Revenue and perused the material placed on record. 2. > 3 Learned counsel for the Petitioner submits that the petitioner is and possessor of the land admeasuring Ac.0.91 cents in Sy.No.467-3B1 situated at Chilamatur Revenue Village and panchayathi area of Chilamatur Mandal, Anantapur District having acquired the same through a registered sale deed dated 28.03.2022. purchase, the petitioner’s name was mutated in the revenue records and he was issued IB register confirming the Petitioner as pattadar and possessor of the subject land. Even though the petitioner was declared pattadar and possessor of the subject land, on the guise of the third party complaint, the petitioner was issued notice dated 10.04.2025 for his appearance and for submission of the documents to prove his title over the subject property which is unknown to law and respondents are trying to create a cloud upon the subject property of the petitioner. 3. owner Pursuant to the as On the other hand, learned Government Pleader for Revenue submits that it is only a notice pursuant to the complaint made by the third party alleging that the petitioner occupied some portion of the Government land on the guise of acquisition of land to an extent of Ac.0.91 cents in Sy.No.467-3B1 situated at Chilamatur Revenue Village and panchayathi area of Chilamatur Mandal, Sri Satya Sai District erstwhile Anantapur District and further submits that if the Petitioner submits an application, the respondent authorities would consider the 4. 4., ;4 and pass appropriate orders and if necessary they will proceed further by adhering due process of law. same Considering the submission made by both the counsel and after perusal of the material placed on record, this Court is of the considered view that issuing of subject notice dated 10.04.2025 pursuant to the complaint made by third party alleging that the petitioner occupied Government land in Sy.No.467-3B1 situated at Chilamatur Revenue Village is not without jurisdiction or contrary to law. Sy.No.467-3B1 may consists more than the petitioner’s land. Since the petitioner declared as pattadar and possessor by virtue of 1B register issued in favour of the petitioner pursuant to his acquisition dated 28.03.2022, the respondents under obligation to follow due process of law if they are initiating any proceedings against the interest of the Petitioner. 5. are Therefore, in view of issuance of notice dated 10.04.2025 by the 4^^ respondent, this Court is of the opinion that this Writ Petition can be disposed of directing the petitioner to submit or substantiate his right over the subject property by producing documents through which the petitioner claiming his rights over the subject property and upon such submission by the Petitioner, the respondent authorities shall consider the same and pass appropriate orders. If the respondents intend to 6. sr 5 action after perusal of the documents submitted by the of law. In the meanwhile, the initiate any petitioner, they shall follow due process directed not to interfere with the peaceful possession respondents are enjoyment of the petitioner over the subject property and With the above obsen/ations. the Writ Petition is disposed of. No 7. costs. , if any pending, shall stand As a sequel, interlocutory applications Sd/- K. SRINIVASA RAJU assistAN"^ registrar ifj OFFICER closed. //TRUE COPY// S To, 1. The Principal'Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh District Collector, Sri Satya Sai District at Puttaparthi, Erstwhile Anantapur District. 3. The Revenue Divisional Officer, Penukonda, Sri Satya Sai District, Erstwhile Anantapur District. 4. The Tahsildar, Chilamatur Mandal, Sri Satya Sai District Erstwhile Anantapur District 5. One CC to Sri. P Narahari Babu Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 2. The 7. Three CD Copies GSC HIGH COURT DATED:22/04/2025 ORDER WP.No.10335 of 2025 AND«^ I 2 8 APR 2025 Current SeoiJor , ta Oti/I .5- DISPOSING THE WP WITHOUT COSTS