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2025 DAILYLAW 24835 (AP)

Matta Veera Venkateswara Kondala Rao v. The State of Andhra Pradesh,

WP/18061/2025 · 2025-07-16

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010351462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18061/2025 Between: 1. MATTA VEERA VENKATESWARA KONDALA RAO, AGED 59 YEARS ABOUT OCC FARMER R/O.2-254, RAJAMAHENDRAVARAM RURAL EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY REVENUE REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 3. THE SUB COLLECTOR, RAJHAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, SUB COLLECTOR OFFICE,RAJAMUNDRY. 5. THE TAHSILDAR, RAJANAGARAM MANDAL, EAST GODAVARI DIST. 6. THE VILLAGE REVENUE OFFICER, KONDAGUNTUR VILLAGE, RAJANAGARAMA MANDAL. ...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 to issue order or direction more particularly in the nature of Writ of 2 Mandamus, declaring the action of the Respondent no.6 in trying to dispossess the Petitioner from the property admeasuring Ac.00-80 Cents of Zeroty dry land situated at R.S.No. 142-2, Kondagunturu Village, East Godavari District, without issuing any notice and without passing any orders in the Appeal pending before 4th Respondent Dt. 18-07-2023, challenging the orders passed by 5th Respondent dated 08-06-2023, in Ref. A/424/2023, is illegal, arbitrary and violation of principles of Natural Justice and Article 14, 21 and 300-A of Constitution of India and consequently direct the Respondents not to dispossess the petitioner pending disposal of the appeal, 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 to direct the Respondents not to dispossess the Petitioner form the property admeasuring Ac.00-80 Cents of Zeroty dry land situated at R.S.No. 142-2, Kondagunturu Village, East Godavari District, Counsel for the Petitioner: 1. VENKATA NARAYANA RAO VEDULA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. 2. Learned counsel for the petitioner would submit that the petitioner filed a statutory appeal under Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1971 (for short “the Act”) before the 4th respondent against the orders passed by the 5th respondent vide Ref.Re.A/424/2023, dated 08.06.2023 in respect of an extent of Ac.0-80 cents in Sy.No.142-2 of Kondagunturu Village, Rajanagaram Mandal, East Godavari District. 3. Learned counsel further submits that, pending the appeal, respondents 4 and 5 are trying to dispossess the petitioner. Learned counsel further submits that the petitioner is in possession and enjoyment of the subject land 3 as on today, and the land was not resumed to the Government, in pursuance of the order dated 08.06.2025 passed by the 5th respondent. 4. Learned Assistant Government Pleader on instructions would submit that the 4th respondent-Appellate authority, will dispose of the appeal as expeditiously as possible. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 4th respondent to dispose of the appeal filed by the petitioner, against the order dated 08.06.2023 in respect of an extent of Ac.0- 80 cents in Sy.No.142-2 of Kondagunturu Village, Rajanagaram Mandal, East Godavari District within eight (8) weeks from the date of receipt of copy of this order strictly as per the Rules. Till an order is passed in the appeal, the respondents 5 and 6 shall not interfere with the aforementioned subject property without following due process. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 17.07.2025 KA 4 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18061/2025 Date: 17.07.2025 KA