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2025 DAILYLAW 23446 (AP)

SHAIK KHASIM SHEREEF v. THE STATE OF ANDHRA PRADESH

WP/16853/2025 · 2025-07-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010330172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16853 OF 2025 Between: 1. Shaik Khasim Shereef, S/o. Mohammad Khasim Saheb Aged 37 years, R/o. Ganugapenta Village Tarlubadu Mandal, Prakasam District 2. Shaik Chinna Shereef,, S/o. Mohammad Khasim Saheb Aged 35 years, R/o. Ganugapenta Village Tarlubadu Mandal, Prakasam District 3. Shaik Dastagir,, S/o. Mohammad Khasim Saheb Aged 33 years, R/o. Ganugapenta Village Tarlubadu Mandal, Prakasam District 4. Shaik Gudsaheb,, S/o. Mohammad Khasim Saheb Aged 28 years, R/o. Ganugapenta Village Tarlubadu Mandal, Prakasam District 5. Shaik Mahaboob Subani,, S/o. Mohammad Khasim Saheb Aged 25 years, R/o. Ganugapenta Village Tarlubadu Mandal, Prakasam District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by it's Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, Guntur District 2. The District Collector, Prakasam District at Ongole 3. The Revenue Divisional Officer, Markapur, Prakasam District. 4. The Thasildar, Tarlubadu Tarlubadu Mandal, Prakasam District 5. Shaik Khasimbi, W/o. Late Fareed Aged 55 Years, R/o. Tarakaram Nagar, Guntur. Guntur 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 3 and 4 in interfering with petitioner's peaceful possession and enjoyment agricultural land admeasuring an extent of Ac. 2.00 Cents in Sy. No. 62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District at the instigation of the respondent No. 5, without concluding the enquiry pending before the 4th respondent in proceeding vide RGB No. 77 of 2024, Dated: 8.12.2024 illegal, arbitrary against the principles of natural justice apart from being violative of article 14, 21 and 300-A Constitution of India and consequently direct the respondent to conclude the said enquiry within specific period without interfere with the peaceful possession and enjoyment of the subject property of the petitioners in the interest of justice. 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 4th respondent to initiate further steps in pursuant to proceedings in RGB No. 77 of 2024, Dated 18.12.2024to conclude the said enquiry within specific period without interfere with the peaceful possession and enjoyment of the petitioners in respect of his agricultural land Ac. 2.00 Cents in Sy. No. 62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK JAHANGEER BASHA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: , as APHC010330172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16853/2025 Between: S/0. MOHAMMAD KHASIM SAHEB 1.SHAIK KHASIM SHEREEF, AGED 37 YEARS, R/0. GANUGAPENTA VILLAGE TARLUBADU MANDAL, PRAKASAM DISTRICT 2.SHAIK CHINNA SHEREEF S/0. MOHAMMAD KHASIM SAHEB AGED 35 YEARS, R/0. GANUGAPENTA VILLAGE MANDAL, PRAKASAM DISTRICT 1} TARLUBADU 3.SHAIK DASTAGIR,, S/0. MOHAMMAD KHASIM SAHEB AGED 33 YEARS, R/0. GANUGAPENTA VILLAGE TARLUBADU MANDAL, PRAKASAM DISTRICT 4.SHAIK GUDSAHEB,, S/0. MOHAMMAD KHASIM SAHEB AGED 28 TARLUBADU MANDAL, ] 1 YEARS, R/0. GANUGAPENTA VILLAGE PRAKASAM DISTRICT 5.SHAIK MAHABOOB SUBANI,, S/0. MOHAMMAD KHASIM SAHEB AGED 25 YEARS, R/0. GANUGAPENTA VILLAGE TARLUBADU MANDAL, PRAKASAM DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARIAT, SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 3.THE REVENUE DIVISIONAL OFFICER, MARKAPUR, PRAKASAM DISTRICT. 4.THE THASILDAR, TARLUBADU TARLUBADU MANDAL, PRAKASAM DISTRICT 5.SHAIK KHASIMBI, W/0. LATE FAREED AGED 55 YEARS, R/0 TARAKARAM NAGAR, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 3 and 4 in interfering with petitioner's peaceful possession and enjoyment agricultural land admeasuring an extent of Ac. 2.00 Cents in Sy. No. 62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District at the instigation of the respondent No. 5, without concluding the enquiry pending before the 4th respondent in proceeding vide RCB No. 77 of 2024, Datedi 8.12.2024, as illegal, arbitrary against the principles of natural justice apart from being violative of article 14, 21 and 300-A Constitution of Indiaand consequently direct the respondent to conclude the said enquiry within specific period without interfere with the peacefulpossession and enjoyment of the subject property of the petitioners in the interest of justice and pass lA NO: 1 OF 2025 more 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 pleased to DIRECT the 4th respondent to initiate further steps in pursuant to proceedings in RGB No. 77 of 2024, Dated 18.12.2024to conclude the said enquiry within specific period without interfere with the peaceful possession and enjoyment of the petitioners in respect of his agricultural land Ac. 2.00 Cents in Sy. No. 62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District, pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1.SHAIK JAHANGEER BASHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 N. / THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16853/2025 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 respondent Nos. 3 and 4 in interfering with petitioner's peaceful possession and enjoyment agricultural land admeasuring an extent of Ac. 2.00 Cents in Sy.No.62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District at the instigation of the respondent No. 5, without concluding the enquiry pending before the 4‘^ respondent in proceeding vide RCB No.77 of 2024, dated 18.12.2024 as illegal, arbitrary, against the principles of natural justice apart from being violative of article 14, 21 and 300-A Constitution of India and consequently direct the respondents to conclude the said enquiry within specific period without interfere with the peaceful possession and enjoyment of the subject property of the petitioners in the interest ofjustice and pass such other order. ” 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the agricultural land admeasuring to an extent of Ac.2.00 cents out of total 12.80 cents in Sy.No.62 of Ganugapenta Village, Tarlubadu Mandal, Prakasam District, having acquired the same from their ancestors. While so, without having any right or possession over the 4 subject land, the 5*^ respondent mutated her name in the record records illegally. Therefore, the petitioners made a complaint before the 4'^ respondent. Pursuant to the said complaint, the 4 respondent initiated enquiry vide proceedings in RGB No.77 of 2024 and also issued notice dated 18.12.2024. But the 5^^ respondent did not attend the enquiry. Due to the absence of the 5**^ respondent, the 4**^ respondent kept the enquiry in abeyance. Hence, the present Writ th Petition. 4. On the other hand, learned Government Pleader for the respondents issued written instructions dated 07.07.2025 issued by the 4'^^ respondent, wherein it is stated as follows: “It is humbly further submitted that the enquiry on his fresh petition dated 02.06.2025 is in progress, we will follow strictly due process of law and will take action as per the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules framed therein as the subject land is patta land. “ 5. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to complete the enquiry pursuant to the notice dated 18.12.2024 and pass appropriate orders in accordance ^ 5 with law, within a period of three(3) months from the date of receipt of copy of this Order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ' Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 2. The District Collector, Prakasam District at Ongole 3. The Revenue Divisional Officer, Markapur, Prakasam District. 4. The Thasildar, Tarlubadu Tarlubadu Mandal, Prakasam District 5. One CC to Sri. Shaik Jahangeer Basha Advocate [OPUC] 6. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 7. Two CD Copies gsc HIGH COURT DATED:08/07/2025 ORDER WPNO. 16853 OF 2025 of ANO^ g( 0 8 SEP 2025 iS Co DISPOSING THE WP WITHOUT COSTS