IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10354 OF 2025 Between: TShek. Hasheem S/o Shek. Shirib Sab, Aged about 60 Years, Occ: House wife, R/o. D.No. 20-146, Aasar Vedhi, Ward-20 Dharmavaram, Ananthapur District, Andhra Pradesh. 2.Lakkakula. Tulasi,W/o L.Venkatesh, Aged about 44 Years, Occ:House Wife, R/0. D.No. 10-126, Guddibaavi Veedhi,Ward-10, Dharmavaram, Ananthapur District, Andhra Pradesh. S.Basireddygari. Eswara Reddy S/o B. Subbi Reddy, Aged about 45 Years, Occ: Electrician, R/o. D.No. 3-33, Mucchurami, Dharmavaram, Ananthapur District, Andhra Pradesh. 4.Velpula. Nagaraju S/o V. Basanna, Aged about 46 Years, Occ: Plumber, R/o. D.No. 22-382-1, Yadava Veedhi, Ward-22 Dharmavaram, Ananthapur District, Andhra Pradesh. 5.D. Varalakshmi W/o D. Ramu, Aged about 37 Years, Occ: House Wife, R/o. D.No. 26-201-2, LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 6.Boyanavari. Madhavi W/o B. Narasimha Raju, Aged about 38 Years, Occ: House Wife, R/o. D.No. 26-99, LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. Z.Akatari. Eswaramma W/o A. Sreenivasulu,, Aged about 69 Years, Occ: House Wife, R/o. D.No. 26-368, LCK Puram, Ananthapur District, Andhra Pradesh. . 8 S Abdul Rashid S/o S. Yakub Sab, . Aged about 55 Years, Occ; Plumber, R/o. D.No. 18-467, Dharag Street, Ward-18 Ananthapur District, Andhra Pradesh. Dharmavaram g.Gantapara. Satheesh S/o G. Subbanna, Aged about 31 Years, Occ: Electrician, R/o. D.No. 28-803, Rajendra Nagar, Ananthapur District, Andhra Pradesh. Dharmavaram lO.Besta. Lakshmi W/o B. Mallekarjuna, Aged about 46 Years, Occ: House Wife, R/o. D.No. 26-301, LCK Puram, Ward-26 Dharmavaram, Ananthapur District, Andhra Pradesh. 11 .Shaik. Alla Bakash S/o Shaik. Moula Saab, Aged about 43 Years, Occ: Electrician, R/o. D.No. 27-564-1, Durga Nagar, Dharmavaram, Ananthapur District, Andhra Pradesh. 12. M. Nagamani W/o M. Santha Prasad, Aged about 45 Years, Occ: House Wife, R/o. D.No. 26-309, LCK Puram, Ananthapur District, Andhra Pradesh. 13.Midde. Mahabub Basha S/o M. Usman Sab, Aged about 38 Years, Occ: Electrician, R/o. D.No. 28-598, Rajendra Nagar, Dharmavaram, Ananthapur District, Andhra Pradesh. 14. K. Lakshmi Devi W/o K. Mohan, Aged about 69 Years, Occ: House Wife, R/o. D.No. 9-66, Sreeram Nagar, Potukunta Dharmavaram, Ananthapur District, Andhra Pradesh. 15. Konda. Arunamma Q/o V. Thimmappa, Aged about 44 Years, Occ: House Wife, R/o. D.No. 26-A-857, Y S R Colony, Dharmavaram, Ananthapur District, Andhra Pradesh. 16. B. Viswanatha Varma S/o B. Anjineyulu, Aged about 43 Years, Occ: Electrician, Dharmavaram Rio. D.No. 10-509, Peta Basavanna Katta Veedi, Ward 10 Dharmavaram, Ananthapur District, Andhra Pradesh. 17.D. Prasad S/o D. Hanumanthu, Aged about 57 Years, Occ; Electrician, R/o. D.No. 26-191, L C K Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 18. B. Vasantha Lakshmi W/o B. Anjineyulu, Aged about 44 Years, Occ; House Wife R/o. D.No. 14-263, PR JStreet, Dharmavaram, Ananthapur District, Andhra Pradesh. 19.Pula. Ratna C/o P. Ramesh, Aged about 40 Years, Occ; House Wife, R/o. D.No. 26-606, L C K Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 20. Devarinti. Anjaneyulu S/o D. Chandrayudu, Aged about 54 Years, Occ;Plumber, R/o. D.No. 26-623-L3, Kethi Reddy Colony, Dharmavaram, Ananthapur District, Andhra Pradesh. ... Petitioner’s AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram,Sri Satya Sai District. 4. The Tahsildar, Dharmavaram, Sri Satya Sai 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 order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in issuing Notice dated 08-04-2025 vide RC No. 283/G/2025 without Jurisdiction in present to the Petitioners Properties situated in Sy. No. 650-2 situated at Dharmavaram Villager and Mandal, Sri Satya Sai District without following due process of law as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently set-aside the same. 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 grant stay of all further proceedings in peruse to the Notice dated 08-04-2025 vide RC No. 283/G/2025. IA NO:2OIF202S 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 interference with the Petitioners subject Properties situated in Sy. No. 650-2 situated at Dharmavaram Villager& Mandal, Sri Satya Sai District. Counsel for the Petitioners: SRI BANDI SRIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010206862025 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: 10354/2025 Between: Shek. Hasheem and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.BANDI SRIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE ...RESPONDENT{S) The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10354/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in issuing Notice dated 08-04-2025 vide RC No. 283/G/2025 without Jurisdiction in present to the Petitioners Properties situated in Sy. No. 650-2 situated at Dharmavaram Villager and Mandal, Sri Satya Sai District without following due process of law as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently set- aside the same ” 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. The claim of the petitioners is the petitioners herein were assigned the house sites by way of assignment vide Rc.No.A/64/2024, 14.02.2024 in Sy.No.650-2, Dharmavaram Village and Mandal, Sri Satya District. Pursuant to the subject assignments, the petitioners have been in possession and enjoyment of the respective house sites. While so, the 3'^'^ respondent herein has issued impugned notice vide Rc.No.283/G/2025, dated 08.04.2025 directing the petitioners to appear before him and submit the assignment 3 A pattas granted in favour of the petitioners and also to prove the eligibility of the petitioners for holding the subject assignment pattas granted in their favour. Learned counsel for the petitioners submits that the issuance of the impugned notice after predetermination, to cancel the pattas issued in favour of the petitioners pursuant to the report submitted by the respondent herein on the ground that the petitioners are not eligible persons to hold the pattas in contrary to law is only an opinion of the 4^'^ respondent without observing principles of natural justice. 4. Learned counsel further submits that the 3'"^ respondent shall consider the issue as an adjudicating authority without relying upon the report of the 4 respondent, who himself concluded without issuing notice and without conducting any enquiry regarding the eligibility of the petitioners to hold the pattas in their favour. Aggrieved by the same, the petitioners filed the present Writ Petition. 5. th On the other hand, learned Government Pleader for Revenue submits that the impugned notice dated 08.04.2025 issued by the 3'"^ respondent is the process of enquiry and to determine the eligibility of the petitioners/patta If the petitioners and other patta holders prove their eligibility certainly, they would be confirmed as eligible persons and may continue the pattas in their favour. If the petitioners and other patta holders are determined as ineligible persons for holding the pattas, the respondents will follow due process of law in issuing further proceedings. 6. holders. 4 Considering the submissions of the learned counsel for the petitioners and the learned Government Pleader for Revenue and on perusal of the material available on record, this Court deems it appropriate to direct the petitioners to submit a detailed explanation along with the documents to prove their eligibility as well as the alienation said to have been made in favour of them within a period of two (02) weeks from the date of receipt of a copy of this Order. After such submission, the 3'"^ respondent is directed to consider the said explanation and pass orders by providing an opportunity of personal hearing to the petitioners and other stake holders, if any, within a period of two (02) months. Till such time, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject house sites. 7. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. K KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFJCER 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satya Sai District. 4. The Tahsildar, Dharmavaram, Sri Satya Sai District. 5. One CC to Sri Bandi Srihari, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies HIGH COURT DATED:22/04/2025 ORDER ANDH^ O' 2 9 APR 2025 11= &i WP.No.10354of 2025 09 ^ Current Section DISPOSING OF THE WP WITHOUT COSTS