Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16581 OF 2024 Between:
1. S. Devaraj, S/o. S.Seelam Samuel, aged about 78 1-1, Chandra Sekhar Nagar, Kurnoor City
518002. 2. Y.Chandra Mouli, S/o. Y. Isaiah, Aged about 45 years, R/o. 87/1316, Revenue Colony, Kurnool City, Kurnool District, A.P-518002 years, R/o. 87-1362- Kurnool District, A.P- ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue Department), Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. 2. The Chief Commissioner of Land Administration, Revenue Department, Mangalagiri, Guntur District. 3. The District Collector, Kurnool District, Kurnool,
4. The Revenue Divisional Officer, Kurnool District, Andhra Pradesh,
5. Tahsildar, Orvakal Mandal, Kurnool District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may one and declare the action of the Respondent No. 2 in not taking action against my representation made on 18.03.2024 to pass appropriate order to delete the aforementioned in question from the prohibited list as the said land assigned to an appropriate Writ, order or direction mostly which is in the nature of a Writ of MANDAMUS land me 13
years ago under Ex-Servicemen quota which is completed its limitation of 10 years for alienation is highly illegal, arbitrary, unjust, contrary to law and clear violation of Articles 14,19 AND 21 of Constitution of India principle of natural Justice and consequently direct the Respondent No. 2 to consider my representation dated 18.03.2024 and issue appropriate orders to delete my land from the prohibited list under Sec 22A of the Act. and lA NO: 1 OF 2024 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 Respondent No.2 herein to consider my representations made on 18.03.2024 and pass appropriate orders to remove my land assigned to me 13 years ago under Ex-Servicemen quota from the Prohibited list under Sec 22A of the Act pending disposal of thb main Writ Petition.
Counsel for the Petitioners: SRI SATYA SREENIVASA RAO K Counsel for the Respondent Nos.1 to 5: SRI K. ARJUN CHOWDHARY, AGP FOR REVENUE The Court made the following: ORDER
APHC010325652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16581/2024 Between: AGED ABOUT 78 CHANDRA SEKHAR NAGAR,KURNOOL 1.S DEVARAJ, S/O.S.SEELAM SAMUEL, YEARS.R/0. 87-1362-1-1 CITY, KURNOOL DISTRICT, A.P- 518002. 2.Y.CHANDRA MOULI,, S/0. Y. ISAIAH, AGED ABOUT 45 YEARS, R/0. 87/1316, REVENUE COLONY, KURNOOL CITY, KURNOOL DISTRICT, A.P-518002 ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY BUILDINGS, SECRETARIAT (REVENUE DEPARTMENT), VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, REVENUE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL, 4.THE REVENUE DIVISIONAL OFFICER, KURNOOL DISTRICT, ANDHRA PRADESH, 5.TAHSILDAR, ORVAKAL MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner(S):
2 2^ 1.SATYA SREENIVASA RAO K Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following ORAL ORDER; Heard Sri Satya Sreenivasa Rao. K,
learned Counsel for the Writ Petitioners (appearing through video conference) and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration.
2. The prayer made in the present Writ Petition is as under:
“ to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of MANDAMUS and declare the action of the Respondent No.2 in not taking action against my representation made on 18.03.2024 to pass appropriate
order to delete the aforementioned land in question from the prohibited list as the said land assigned to me 13 years ago under Ex-Servicemen quota which is completed its limitation of 10 years for alienation is highly illegal, arbitrary, unjust, contrary to law and clear violation of Articles 14,19 & 21 of Constitution of India and principle of natural Justice and consequently direct the Respondent No.2 to consider my representation dated 18.03.2024 and issue appropriate orders to delete my land from the prohibited list under Sec 22A of the Act and pass such other order or further orders as deemed fit and proper in the circumstances of case.”
3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted the Written Instruction furnished by the District Collector, dated 27.01.2025 along with certain documents. Copy of it is not supplied to the learned Counsel for the Writ Petitioners, as the
learned Counsel for the Writ Petitioners is through online. The same is taken on record. appearing
4. It transpires from the record that the Application submitted by the Writ Petitioners to the District Collector was rejected by issuing the Endorsement dated 20.02.2024 bearing Rc.No.E2/82/2024 (Ex.P.3).
Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Appeal filed by the Writ Petitioners on 18.03.2024 (Ex.P.1). On perusal of the said Appeal by this court, it appears that it is a single page Representation, which is cryptic
' cn. % 3 and nondescriptive, as to on what legal grounds the Writ Petitioners has challenged the Endorsement of the District Collector dated 20.02.2024 (Ex.P.3).
5. Having regard to the facts and circumstances of the case and having regard to the fact that the Writ Petitioners have already filed an Appeal before the Chief Commissioner of Land Administration (CCLA) dated 18.03.2024 (Ex.P.1), this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Chief Commissioner of Land Administration (CCLA) (Respondent No.2) to consider the Appeal of the Writ Petitioner and dispose of the same in accordance with law expeditiously. Since, it is noticed by this Court that the Writ Petitioners have submitted one page Appeal, which is barely adequate to decide on merit, this Court deems it appropriate to grant one opportunity to the Writ Petitioners to submit a detailed Appeal by reasoning-out all the legal contentions to the Chief Commissioner of Land Administration (CCLA) (Respondent No.2), within a period of three weeks from today. On the receipt of the said Appeal, the Respondent No.2 is directed to dispose of the said Appeal within a period of 12 weeks by passing a Speaking Order.
6. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the Principles of Natural Justice by issuing Advance Notices to all the interest parties including the Writ Petitioners and consider the
submissions/objections and documents, if any, before passing the Final Order. Writ Petitioners are directed to submit a copy of this Order along with the detailed Appeal to the Respondent No.2 within a period of three weeks from today for effective compliance.
7. With these observations and directions, tf)is Writ Petition stands
disposed of. No order as to costs.
i 4 S.Interlocutory Applications, if any, stand closed in terms of this order.
SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECrr^' OFFICER To,
1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati Pradesh. , Andhra
2. The Chief Commissioner of Land Administration Mangalagiri, Guntur District.
3. The District Collector, Kurnool District Revenue Department Kurnool,
4. The Revenue Divisional Officer, Kurnool District
5. Tahsildar, Orvakal Mandal, Kurnool District, Andhra Pradesh.
6. One CC to Sri Satya Sreenivasa Rao K, Advocate
7. Two CCs to GP for Revenue, High Court of Andhra
8. Three CD Copies. Andhra Pradesh [OPUC] Pradesh. [OUT] ssb
HIGH COURT DATED:06/02/2025
ORDER WP.No.16581 of 2024 5 18 FEB 2025 \\ ^ ^ Current Section .
DISPOSING OF THE W.P. WITHOUT COSTS