APHC010349582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17540/2025 Between: 1. M.BHUVANA, W/O N.S.MURTHY, AGED ABOUT 34 YEARS, OCC- HOUSE WIFE, R/O. D.NO. 128/5, JP ROAD, KUPPAM TOWN CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM DIVISION, CHITTOOR DISTRICT. 4. THE TAHSILDAR, KUPPAM MANDAL CHITTOOR DISTRICT. 5. THE SUBINSPECTOR OF POLICE, KUPPAM MANDAL, CHITTOOR 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus assailing the Notice in Roc. A/179/2025, dated 05-07-2025 issued by the respondent. No 4 in revoking and rejecting the Possession Certificate, dated 24-05-2025 issued 2 by the respondent No. 4 without giving petitioner an opportunity for submitting an explanation as arbitrary, illegal, colorable exercise of power, voilative principal of Natural Justice apart from being violate of the constitution and fundamental rights guaranteed to petitioner under article 14, 19, 21, 300 A of the constitution of India and consequently Set-aside the same and pass IA 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 may be pleased to Suspend the Notice Roc. A/179/2025, dated 05-07-2025 issued by the respondent. No 4 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17540 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus assailing the Notice in Roc.A/179/2025, dated 05.07.2025 issued by the respondent No.4 in revoking and rejecting the Possession Certificate dated 24.05.2025 issued by the respondent No.4 without giving petitioner an opportunity for submitting an explanation as arbitrary, illegal, colorable exercise of power, voilative principal of Natural Justice apart from being violate of the constitution and fundamental rights guaranteed to petitioner under Article 14, 19, 21, 300-A of the constitution of India and consequently Set-aside the same and pass such other order or orders…..” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein was issued possession certificate in respect of land to an extent of Ac.0.03 cents in Sy.No.85/2 situated at Chinnakuraballa Palle Village fields, Kuppam Mandal, Chittoor District on 24.05.2025, wherein, it is held that the petitioner was in possession and enjoyment of the subject property for more than twelve years. Therefore, the petitioner has been in possession and enjoyment of the said extent of the vacant site as mentioned at the possession certificate. While so, to the utter surprise of the petitioner, the 4th respondent issued a notice dated 05.07.2025 alleging that the petitioner herein obtained possession certificate illegally, as such, the possession certificate dated 24.05.2025 issued in favour 4 of the petitioner has been revoked and rejected with a direction to submit his explanation to the said notice. Learned counsel for the petitioner submits that even though the proceedings dated 05.07.2025 issued by the 4th respondent is named as notice, but the recitals of the notice states that the subject possession certificate already issued in favour of the petitioner was revoked and also rejected without issuing any prior notice and without providing opportunity of hearing which is nothing but violation of principles of natural justice. As such the impugned notice dated 05.07.2025 is liable to be set aside. 4. On the other hand, learned Government Pleader for the respondents submits that 4th respondent issued the impugned notice dated 05.07.2025 without observing the principle of „Audi Alteram Partem‟ and is not in accordance with law. Hence requested to remand the matter for fresh consideration in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court observed that the respondent No.4 issued the notice/ order dated 05.07.2025 without observing principles of natural justice. Moreover, it is settled law that once a benefit was conferred upon the individual such benefit cannot be taken away without observing principles of natural justice as well as due procedure as contemplated. But, in the instant case, the 4th respondent issued the impugned notice dated 05.07.2025 in violation of the same. 5 6. In view of the reasons stated above, the impugned notice dated 05.07.2025 is hereby set aside. However, the respondents are at liberty to proceed further in accordance with law 7. 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. _________________________________ VENKATESWARLU NIMMAGADDA, J 11.07.2025 BSP 6 271 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17540 of 2025 11.07.2025 BSP