IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 953 OF 2025 Between: M Mallaiah, S/o M. Venkatramana, Aged about 50 years, Occ Cultivation, R/o Diguva kurappalli Village, Sodum Mandal Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, AP Secretariat, Valagapudi, Guntur District. The District Collector, Chittoor, Chittoor District. The Revenue Divisional Officer, Palamaner, Chittoor District. The Tahsildar, Sadum Mandal, Chittoor District. 2. 3. 4. ...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, particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No 4 without conducting any enquiry about the 2nd respondent proceedings No.L.Dis.Coor-1/478837/2024, dated 8.11.2024 and the 4threspondent issued impugned notice vide RoC.No. A/64/2024, dated 16.12.2024 and interfere with the petitioner land an extent of Ac 0-60 more cents in Sy.No.13/1 along with bore-well of Thimmanayanipalli Village in Neerupadamatigadda dakala, Sodum Mandal, Chittoor District is illegal, arbitrary, violation of Principal of Natural Justice and violation of Article 14, 21 and 300 A of Constitution of India and consequently this Honble Court to set aside the impugned notice vide RoC.No. A/64/2024, dated 16.12.2024 issued by the 4th respondent and direct to the respondent No.4 not to interfere with the petitioner subject 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 respondents not to dispossess the petitioner from his peaceful possession and enjoyment of land Ac 0-60 cents in Sy. No. 13/1 along with bore-well of Thimmanayanipalli Village in Neerupadamatigadda Dakla, Sodum Mandal, Chittoor District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI. P V VENKATA RAVI SANKAR Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010015042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r^ MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 953/2025 Between; 1.M MALLAIAH, S/0 M. VENKATRAMANA, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/0 DIGUVA KURAPPALLI VILLAGE, SODUM MANDAL CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP SECRETARIAT, VALAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, , CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 4.THE TAHSILDAR, SADUM MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.P V VENKATA RAVI SANKAR and Dr. P.B Reddy Counsel for the Respondent(S); 1.GP FOR REVENUE ’s. T The Court made the following: ORAL ORDER: Heard Sri P.V.Venkata Ravi Sankar, learned Counsel for the Petitioner appearing through Online and Sri K.M.Krishna Reddy, learned Government Pleader. Learned Counsel for the Petitioner appearing through Online has drawn 2. the attention of this Court to Ex.P1, which is the proceeding of the Tahsildar dated 16.12.2024 bearing Roc.No.A64/2024. Learned Counsel for the Petitioner has drawn the attention of this Court to the contents of the said document and would submit that though the title of the document would indicate that it is a Show Cause Notice, it transpires from the contents of the document that the Tahsildar has already prejudged the issue. Learned Counsel for the Petitioner would therefore submit that the impugned proceeding is unsustainable in law since a Show Cause Notice has been issued indicating that the Tahsildar has already prejudged the issue. 3. This Court has perused the same, and is in agreement with the submission made by the learned Counsel for the Petitioner. The impugned document dated 16.12.2024 issued to the Writ Petitioner, styling it to be a Show Cause Notice, is unsustainable in law. Accordingly the same is set aside. The Tahsildar (Respondent No.4) may now follow the due process of law, if so advised. It is clarified that this Court has not considered the issue on merit and that the Tahsildar may consider the issue on merit and in accordance with law. 4. With these observations and directions, this Writ Petition allowed. No order as to costs. stands 5. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K. KASIRAO ACHARi assistant registrar / / //TRUE COPY// OFFICER To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, AP Secretariat, Valagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, Sadum Mandal, Chittoor District. 5. One CC to Sri. P V Venkata Ravi Sankar Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:20/01/2025 ORDER WP.No.953 of 2025 g 0 6 FEB 2125 Current Section ALLOWING OF THE WP WITHOUT COSTS