'i APHC010349632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17538 OF 2025 Between: A Konda Reddy, S/o. A Ravindra Reddy, Aged about 44 years, Occ Cultivation Mandal, Anantapur District. R/o.D.No.1-136, Regatipalli Village Dharmavaram ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anantapur District, Anantapur. 3. The Revenue Divisional Officer, Dharmavaram, Anantapur District. 4. The Tahsildar, Dharmavaram Mandal, Anantapur 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus aggrieved by the action of the Respondent No. 4 in issuing proceedings vide Rc.No. 142/2025/A dated 10.06.2025 for resumption of petitioners land an extent of Ac.4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anantapur District under BSO i 15(12)(3), without conducting enquiry and beyond his jurisdiction and contrary to the Board Standing Orders is illegal, arbitrary, violative of Principles of natural justice and property rights as guaranteed under Article 300-A of Constitution of India and consequently set-aside the same and further direct the 4th respondent not to dispossess the petitioner from the above said land. 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 not to dispossess Petitioner from the agricultural land an extent of Ac.4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anantapur District proceedings issued by the 4th respondent vide Rc. No. 142/2025/A dated 10.06.2025, pending disposal of the writ petition. Counsel for the Petitioner: SRI K NARSI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: .#■ APHC010349632025 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: 17538/2025 Between: 1.A KONDA REDDY, S/O. A RAVINDRA REDDY, AGED ABOUT 44 YEARS, OCC CULTIVATION, R/O.D.NO.1-136, REGATIPALLI VILLAGE, DHARMAVARAM MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTAPUR DISTRICT, ANANTAPUR. 3.THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, ANANTAPUR DISTRICT. 4.THE TAHSILDAR, DHARMAVARAM MANDAL, ANANTAPUR 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus aggrieved by the action of the Respondent No. 4 in issuing proceedings vide Rc.No. 142/2025/A dated 10.06.2025 for resumption of petitioners land an extent of Ac.4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anantapur District under BSO 15(12)(3), without conducting enquiry and beyond his jurisdiction and contrary to the Board Standing Orders is illegal, arbitrary, violative of Principles of natural justice and property rights as guaranteed under Article 300-A of Constitution of India and consequently set-aside the same and further direct the 4th respondent not to dispossess the petitioner from the above said land and pass and pass 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 pleased to direct the 4th espondent not to dispossess Petitioner from the agricultural land an extent of Ac.4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anantapur District proceedings issued by the 4th respondent vide Rc. No. 142/2025/A dated 10.06.2025, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.KNARSI REDDY Counsel for the Respondent(S): 1.GP FDR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17538/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ or order or direction more particularly one In the nature of Writ of Mandamus aggrieved by the action of the Respondent No. 4 in issuing proceedings vide Rc. No. 142/2025/A dated 10.06.2025 for resumption of petitioner's land an extent of Ac. 4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anantapur District under BSD 15(12)(3) without conducting enquiry and beyond his jurisdiction and contrary to the Board Standing Orders is illegal, arbitrary, violative of Principles of natural justice and property rights as guaranteed under Article 300-A of Constitution of India and consequently set-aside the same and further direct the 4 respondent not to dispossess the petitioner from the above said land 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. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.4.65 cents in Sy.No.384-2 situated at Regatipalli Village, Dharmavaram Mandal, Anatapur District, having acquired the same by way of assignment patta vide proceedings dated 30.12.2013. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. Later, the w revenue authorities mutated the name of the petitioner in the revenue records and issued adangal, 1-B(R0R), pattadar pass book and title deed in his favour. While so, basing upon the complaint submitted by some of the villagers that the subject land have been illegally registered online and requested for removal of the same from the online records, the respondent No.4 issued notice dated 05.04.2025 calling upon the petitioner for enquiry along with all the relevant documents. Pursuant to the said notice, the petitioner herein submitted explanation dated 24.04.2025. But the respondent No.4 without conducting proper enquiry and without considering the explanation submitted by the petitioner straight away passed orders dated 10.06.2025 by resuming the land to the Government under BS0.15(12)(3). Learned counsel for the petitioner submits that if the 4**^ respondent intend to resume the land of the petitioner, the respondent No.4 herein has to 4. follow the due procedure as contemplated under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (in short ‘Act 9 of 1977'). But, without following the same, the respondent No.4 issued proceedings dated 10.06.2025. He further submits that the respondent No.4 has no jurisdiction to cancel the patta issued in favour of the petitioner. But, if at all there are any violations, the 4*'^ respondent has to recommend the same to the District Collector for cancellation of such patta. Hence, the impugned proceeding are liable to be set aside. 5. On the other hand, learned Government Pleader for the respondents submits that the since the respondent No.4 has already issued the impugned 0 proceedings dated 10.06.2025, the petitioner herein can challenge the same by way of statutory Appeal before the competent authority. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of directing the petitioner herein to prefer an Appeal before the appellate authority, within a period of three (3) weeks from the date of receipt of copy of this Order. On receipt of the same, the appellate authority is directed to consider and dispose of the said Appeal in accordance with law, after providing opportunity of hearing to all the parties concerned. within a period of four (4) months, thereafter. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. crif. K TATA RAO deputy registrar < SECTION OFFICER J //TRUE COPY// To, Revenue of Andhra Pradesh, Velagapudi, Amaravati, Guntur State 1. The Principal Secretary, Department, Secretariat Buildings District. The District Coilector, Anantapur District, Anantaprir. Divisional Officer, Dharmavaram, Anantapur Dist . Mandal, Anantapur District. 2. 3. The Revenue 4. The Tahsildar, Dharmavaram Narsi Reddy Advocate [OPUC] One CC to Sri. K 5. GP for Revenue High Court of Andhra Pradesh [OUT] 6. Two CCS to 7. Three CD Copies GSC HIGH COURT DATED:11/07/2025 ORDER WP NO. 17538 OF 2025 r 15 JUL 2025 m X- o Current Seclton ^ DISPOSING THE WP WITHOUT COSTS