APPIREDDYGARI SURESH REDDY v. THE STATE OF ANDHRA PRADESH
WP/17927/2025 · 2025-07-15
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24980 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24980 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010353242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17927 OF 2025 Between: Appireddygari Suresh Reddy, S/o A. Ravindra Reddy, Aged 43 years, R/o. H.No.1-136, Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Amaravati, Guntur District. 2. The District Collector, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satya Sai District. 4. The Tahsildar, Dharmavaram Mandal, Sri Satya Sai District. Secretariat, Velagapudi ...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 appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No. 142/2025/A and quash the same as the same is illegal, arbitrary, without jurisdiction and vitiated error apparent on face of record and in violation of principles of natural justice apart from it being nullity and nonest in the eye of
1^'and consequently direct the 4th respondent herein not to interfere with the .lind^in Sy.No. 434/1 admeasuring Ac.3.09 cents of Regatipalli Village, iDharraavaram Mandal, Sri Satya Sai District lA NO: 2 OF 2025 under Section 151 CPC praying that in the circumstances stated Petition in the affidavit filed in support of the petition, the High Court may be pleased to the order dated 10.06.2025 passed by the 4"’ respondent in suspend Proceedings Rc.No. 142/2025/A, pending disposal of the above writ petition of the Writ Petition Counsel for the Petitioner; SRI G SEKHAR REDDY Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order:
APHC010353242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17927/2025 Between:
1.APPIREDDYGARI SURESH REDDY, S/0 A. RAVINDRA REDDY, AGED 43 YEARS, R/0. H.NO.1-136, REGATIPALLI VILLAGE, DHARMAVARAM MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2.THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, SRI SATYA SAI DISTRICT. 4.THE TAHSILDAR, DHARMAVARAM MANDAL SRI SATYA SAI 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 to issue appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No. 142/2025/A and quash the same as the same is iHegal, arbitrary, without jurisdiction and vitiated error apparent on face of record and in vi-^lation of
4^- 1 i principles of natural justice apart from it being nullity and nonest in the eye of law and consequently direct the 4th respondent herein not to interfere with the land in Sy.No. 434/1 admeasuring Ac.3.09 cents of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District and to 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 to dispense with the filing of certified copy of the order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No. 142/2025/A, pending disposal of the above writ petition of the Writ Petition and pass lA NO: 2 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 suspend the
order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No.142/2025/A, pending disposal of the above writ petition of the Writ Petition- and pass Counsel for the Petitioner;
1.GSEKHAR REDDY Counsel for the Respondent(S);
1.GP FOR REVENUE The Court made the following ORDER; Heard Sri G.Sekhar Reddy, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. th respondent vide Assailing the proceedings issued by the 4 Rc.No.142/2025/A dated 10.06.2025 resuming the petitioner’s land of an extent of Ac.3-09 cents in Sy.No.434/1 of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District, the above writ petition has been filed.
2.
Learned counsel for the petitioner would submit that the petitioner’s vendor assigned patta vide D.A.R.Dis.No.180/1418, dated 25.02.2009, under
3. 3 Ex-service man quota, an extent of Ac.3-09 cents in Sy.No.434-1 by the then Tahsildar, Dharmavaram Mandal, Sri Satya Sai District. The Revenue authorities updated the Record of Rights and issued Pattadar Pass Book and Title Deed to the vendor of the petitioner vide Khata No.1688. The vendor of the petitioner sold the property to the petitioner under a registered document dated 14.12.2021 (Ex.P.4). Thereafter, the name of the petitioner was updated in the Record of Rights and issued Pattadar Pass Book and Title Deed (Exs.P.2 and P.3). Be that as it may, by the proceedings impugned, the 4**^ respondent cancelled the assignment made in favour of the vendor of the petitioner. No notice was issued to the petitioner. Learned counsel submits that the order passed by the 4‘^ respondent suffers from a violation of principles of natural justice and also a violation of A.P Board Standing Orders (BSO). 4. Learned Assistant Government Pleader on instructions would fairly submit that no notice was issued to the petitioner. He would also submit that a notice was issued to the vendor of the petitioner. By assigning reasons, the 4 respondent cancelled the assignment made in favour of the vendor of the petitioner. 5. th Learned Assistant Government Pleader for Revenue also submitted that no counter-affidavit is necessary in this writ petition and requested to pass final order. 6. Thus, as seen from the averments in the writ affidavit, a D-form patta vide D.A.R.Dis.No.180/1418, dated 25.02.2009 (Ex.P.5) was issued to one Sri T.Lokeswara Reddy, S/o.Sankara Narayana Reddy, under Army quota, for an extent of Ac.3-09 cents in Sy.No.434-1 by the then Tahsildar, Dharmavaram Mandal, Sri Satya Sai District. The Tahsildar, Dharmavaram updated the Record of Rights and issued a Pattadar Pass Book and Title Deed to the assignee (Ex.P.6). Thereafter, the said Lokeswar Reddy alienated the
7. - f s property in favour of the petitioner by registered document dated 14.12.2021 (Ex.P.4). The name of the petitioner is updated in the Record of Rights. The Tahsildar issued RoR-IB, Adangal (Ex.P.3) and also issued a Pattadar Pass Book and Title Deed (Ex.P.2). 8. A perusal of the proceedings impugned Tahsildar issued notice to the vendor of the petitioner submitted would indicate that the petitioner, and the vendor of the an explanation dated
24.04.2025.
The proceedings impugned do not indicate the issuance of notice to the petitioner. The operative portion of the order of the Tahsildar reads as under:
“In the foregoing reasons, the land in Sy.No.434-2, extent 3.09 T.Lokeshwar Reddy, S/o Shankar Narayana Reddy of Regatipalli village assigned in D.A,R.Dis.No.180/1418 Dt:25-02-2009 File No Tahsildar, Dharmavaram is hereby resumed to Government B.S.0.15(12)(3).” since there is violation of conditions of grant, assigned in favour of Sri/Smt by the then as per
9. A perusal of the
order extracted supra, would manifest that 4'^ respondent failed to adhere to the procedure mandated in Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, as amended by the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) 2023 (Act 35/2023) and the Rules made thereunder. Assistant Government Pleader also asserted the to the petitioner, even though the revenue records stood in his name. The
order impugned suffered from not only a violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act but also the Principles of Natural Justice. Act, In fact, the learned same. No notice was issued
10. Given the
facts and circumstances of the case, the proceedings impugned vide Rc.No.142/2025/A dated 10.06.2025 in respect of the petitioner’s land of an extent of Ac.3-09 cents i Sy.No.434/1 of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District are hereby set aside. in
5 Accordingly, the writ petition is allowed. However, this order will not preclude the respondent authorities from following due process. No order as to costs.
11. I, Miscellaneous petitions pending, if any, shall stand closed.
Sd/- N NAGAMMA ASSISTANT RE=GISTRAR SECTION DFFICER //TRUE COPY// To,
1. The Principal Secretary to Government Revenue Department, Secretariat,Velagapudi District.
2. The District Collector, Sri Satya Sai District.
3. The Revenue Divisional Officer, Dharmavaram, Sri Satya Sai
4. The Tahsildar, Dharmavaram Mandal, Sri Satya Sai District.
5. One CC to SRI G SEKHAR REDDY Advocate [OPUC]
6. Two CCS to GP FOR REVENUE High Court of Andhra
7. Two CD Copies State of Andhra Pradesh, Amaravati, Guntur District. Pradesh [OUT] gsg
HIGH COURT DATED: 16/07/2025
ORDER WP NO. 17927 OF 2025 ^2 3 SEP 2025 .•V • Hi o^‘ *^^vClifr»wt Stctiop^^^ ^5£SeflI£S^^ DISPOSING THE WP WITHOUT COSTS