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2025 DAILYLAW 2994 (AP)

K SIDAMMA v. THE STATE OF ANDHRA PRADESH

WP/600/2025 · 2025-01-09

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 600 OF 2025 Between: K. Sidamma, W/o. K. Reddeppa, Aged about 61 years, R/o. D.No.28-394/2, Saibaba Street, Ramnagar Colony, Chittoor Town, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Penumur Mandal, Chittoor District. 5. M. Jagadeesh, S/o. Muragaiah, R/o. Ramapuram Colony, H/o. Chinthapenta Village, Penumur Mandal, Chittoor 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 mostly one which is in the nature of a Writ of Mandamus declaring the Notices in Roc.B. 155/2022 dated 09.12.2024 in respect of Ac.1.18 cents in Sy.No.54/4, Roc.B/155/2022 dated 09.12.2024 in respect of Ac.0.20 cents of land in Sy.No.54/5 and Roc.B/155/2022 dated 09.12.2024 in respect of Ac.0.48 cents in Sy.No.54/7, Ac.0.67 cents in Sy.No.54/6 and Ac.0.35 cents in Sy.No.54/8 situated in in Ramapuram Village, Penumur Mandal, <1^ Chittoor District issued by the 4 Respondent as illegal, irregular, arbitrary. unreasonable, unwarranted, unconstitutional, unjustified and unsustainable and set-aside the said Notices and direct the Respondents forbear from taking any further action with reference to the aforesaid lands of the Petitioner. 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 stay all further proceedings in pursuance of the Notices of the 4*^ Respondent in Roc.B. 155/2022 dated 09.12.2024 in respect of Ac. 1.18 cents in Sy.No.54/4, Roc.B/155/2022 dated 09.12.2024 in respect of Ac.0.20 cents of land in Sy.No.54/5 and Roc.B/155/2022 dated 09.12.2024 in respect of Ac.0.48 cents in Sy.No.54/7, Ac.0.67 cents in Sy.No.54/6 and Ac.0.35 cents in Sy.No.54/8 situated in in Ramapuram Village, Penumur Mandal, Chittoor District. Counsel for the Petitioner: Mrs. SODUM ANVESHA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court made the following: ORDER 1 APHC010010272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I LI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 600 OF 2025 Between: 1.K SIDAMMA, W/0. K. REDDEPPA, AGED ABOUT 61 YEARS, R/0. D.NO.28-394/2, SAIBABA STREET, RAMNAGAR COLONY, CHITTOOR TOWN, CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR 3.THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT 4.THE TAHSILDAR, PENUMUR MANDAL, CHITTOOR DISTRICT 5.M JAGADEESH, S/0. MURAGAIAH H/0. CHINTHAPENTA VILLAGE, DISTRICT R/0. RAMAPURAM COLONY, PENUMUR MANDAL, CHITTOOR ...RESPONDENT(S): Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S)i^^ . 2 1.GP FOR REVENUE The Court made the following ORAL ORDER; Heard Sri P. Veera Reddy, learned Senior Counsel appearing on behalf of Ms. Sodum Anvesha, learned Counsel for the Writ Petitioner and Sri Arjun Chowdary, learned Asst. GovernmentPleader for Revenue. Learned Asst. Government Pleader has submitted the Written Instructions bearing Roc.AA/VP600/2025, dated: 09.01.2025 furnished by the Tahsildar, Penumur Mandal (Respondent No.4). Copy of it has been served on the learned Counsel for the Writ Petitioner and the same is taken on record. 2. Learned Senior Counsel submits that the Proceedings initiated against the Writ Petitioner are contrary to the A.P Assigned land (Prohibition of Transfers) Act, 1977 (Act 35 of 2023) and therefore, the Impugned Proceeding itself is per se illegal. Learned Senior Counsel would also state that there is Mango grove in the subject land. 3. Having considered the above contentions, this Writ Petition is disposed of at the admission stage, without going into merits with the following directions: 4. (i) That the Writ Petitioner is given liberty to file fresh Representation/Objections before the Competent Authority raising all factual and legal contentions. The Competent Authority shall pass a Speaking Order adverting to all the contentions raised by the Writ Petitioner within a period of 10 weeks from the date of submission of the fresh Representation/objections and supply a copy of such Order to the Writ Petitioner forthwith. (>i) 3 (iii) Till the Orders are passed by the Competent Authority, there shall be a direction to all the parties to maintain Status quo obtaining as on today. It is clarified that this Order of Status quo shall not preclude the Writ Petitioner from carrying on the agricultural activity. 5. 6. With these observations and directions, this Writ Petition stands disposed of. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- U.SRI DEVi ASSISTANT REGISTRAR //TRUE COPY// SECtf^OFFICER To, 1. The Princip^ Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Penumur Mandal, Chittoor District. 5. One CC to Mrs. Sodum Anvesha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr m DATED:09/01/2025 ORDER WP.No.600 of 2025 S 3 1 JAN 2025 o . Current Section . ^ ^!5£^SPATCH^5<^ DISPOSING OF THE W.P. WITHOUT COSTS