>4 APHC010313092025 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI P'l (Special Original Jurisdiction) 0?^ THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15604 OF 2025 Between: Shaik Reddy Basha, S/o Late Khadar Sab, Aged about 47 years, Occ Agriculture, Resident of G.K.Rachapalli H/o Madithadu village, T.Sundupalli Mandal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The District Revenue Officer, Annamayya District at Rayachoty. 4. The Revenue Divisional Officer, Rajampet, Annamayya District. 5. The Tahsildar, Sodum Mandal, Chittoor District. 6. Smt Gunda Rajamma, W/o Venkata Swamy, Aged about 50 years, Occ Agriculture, Resident of opp to Vasista School, Rayavaram road, T.Sundupalli village and Mandal, Annamayya District. 7. Smt Uyyala Venkatalakshmamma, W/o Ramachandra, Aged about 47 years, Occ Agriculture, Resident of opp to Vasista School, Rayavaram road, T.Sundupalli village and Mandal, Annamayya 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 5^^ respondent in dispossessing the petitioner from the property admeasuring an extent of Ac. 1.95 cents in Sy.No.5/2-11 and an extent of Ac.2.02 cents in Sy.No.5/2A-18, situated in Akkampalli village, T.Sundupalli Mandal, Annamayya District at the behest of respondents 6 and 7 without following due process of law is illegal, arbitrary and unconstitutional and also violation of principles of natural justice though there is an Appeal ROR/4554/2023 is pending on the file of the 3RD respondent and also two suits bearing O.S.No.255 of 2024 and O.S.No.256 of 2024 pending on the file of the Honourable Principle Junior Civil Judge, Rayachoty, Annamayya District and consequently direct the 5^^ respondent not to interfere with the peaceful possession and enjoyment of the above mentioned property. 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 5*^ respondent not to interfere with the peaceful possession and extent of Ac. 1.95 cents in enjoyment of the property admeasuring Sy.No.5/2-11 and an extent of Ac.2.02 cents in Sy.No.5/2A-18, situated in Akkampalli village, T.Sundupalli Mandal, Annamayya following due process of law, pending disposal of the Writ petition before this Honourable court. an District without Counsel for the Petitioner: SRI VIJAYA KUMAR SOMARAPU Counsel for the Respondents: GP FOR REVENUE The Court made the following order: % APHC010313092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15604/2025 Between; Shaik Reddy Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VIJAYA KUMAR SOMARAPU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15604/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; '' to issue Writ or Direction especiaiiy one in the nature of Writ of Mandamus dectaring the action of the 5 respondent in dispossessing the petitioner from the property admeasuring an extent of Ac. 1.95 cents in Sy. No. 5/2-11 and an extent of Ac. 2.02 cents in Sy.No.5/2A- 18 situated in Akkampalii village, .TSundupalli Mandal, Annamayya District at the behest of respondents 6 and 7 without following due process of law is illegal, arbitrary and unconstitutional and also violation of principles of natural Justice though there is an Appeal ROR/4554/2023 is pending on the file of the 3''^ respondent and also two suits bearing O.S.No.255 of 2024 and O.S.No.256 of 2024 pending on the file of the Honourable Principle Junior Civil Judge, Rayachoty Annamayya District and consequently direct the 5^^ respondent not to interfere with the peaceful possession and enjoyment of the above mentioned property and pass such other order or orders....” TH 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents, more particularly, respondent No.3 herein to consider and dispose of the Appeal dated 28.08.2024 vide ROR/4554/2023 preferred by the petitioner herein. On the other hand, learned Government Pleader for the 4. respondents submits that respondent No.3 (DRO) herein is the appellate authority but, by virtue of Act 8 of 2025 (Andhra Pradesh (Record of Rights in Land and Pattadar Pass Books) (Amendment) Act, 2025) respondent No.4 (RDO) is made as appellate authority. Accordingly respondent No.4 is the appellate authority. Therefore, let there be a direction to respondent No.3 herein to forward the appeal dated 28.08.2024 preferred by the petitioner herein to respondent No.4. On receipt of such appeal, respondent No.4 herein would consider and dispose of the same, in accordance with law, within a reasonable time. 5. In view of the submission made by the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the 2019 (8) SCALE 544 of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the Appeal, this Court find no other alternative except to issue such direction. cause Accordingly, the writ petition is disposed of, with the following 6. directions; Respondent No.3 is directed to forward the Appeal dated 28.08.2024 preferred by the petitioner herein to respondent No.4 within a period of one month from the date of receipt of a copy of this order. i) On receipt of such Appeal, respondent No.4 is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter. In the meanwhile. Status quo obtaining as today shall be maintained by all the parties concerned in respect of the petitioner’s possession of the subject property. ii) on There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. District at Rayachoty. District at Rayachoty. ^ 2. The District Collector, Annamayya 3. The District Revenue O • '^r. Annamayya /x: C t ^h!tTT Annamayya District. 0. me Tahsildar, Sodum Mandal, Chittoor District. 6. One CC to Sri Vijaya Kumar Somarapu, Advocate ^ 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies [OPUC] ' Pradesh. [OUt] RAM w HIGH COURT DATED:26/06/2025 ORDER WP.No. 15604 of 2025 ^ I 0 JUL 2025 IS mntS«ctioa^^^ P» ^S, disposing of the wp WITHOUT COSTS