IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE SRI JUSTICE NINALA JAYASURY/Nj^W^^ WRIT PETITION NO: 14334 OF 2016 ail >i 4 o\i 'ill o Between: B.P.Venkata Subba Reddy, S/o. Bangaru Reddy, Aged about 55 years, Occ: Agriculture, R/o. Abbipuram Village, Mahanandi Mandal, Kurnool District ...PETITIONER AND The State of Andhra Pradesh Rep by its Principle Secretary, Revenue Department Secretariat Buildings, Hyderabad The District Collector, Kurnool, Kurnool District The Sub-Collector/Revenue Divisional Officer, Nandyal, Kurnool District The Tahsildar, Mahanandi Mandal, Kurnool District R.Chandrapal Kumar, S/o. R.John, R/o. H.No. 26/131, Gnanapuram, Nandyal Mandal, Kurnool District. 1. 2. 3. 4. 5. ...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 any writ, order or direction preferably in nature of Writ of Mandamus declaring the action of the 4th respondent in trying to dispossess the petitioner in respect of the land in admeasuring an extent of Ac. 1-18 cents in Sy.No. 547/B situated at Bukkapuram Village, Mahanandi Mandal, Kurnool District as illegal, arbitrary, vioigtive of Articles 14, 21 and 300-A of the Constitution of India and violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from the land in admeasuring an extent of Ac.1-18 cents in Sy.No. 547/B situated at Bukkapuram Village, Mahanandi Mandal, Kurnool District. I.A. NO: 1 OF 2016rWVMP. NO: 1987 OF 2016) Between: R.Chandrapal Kumar, S/o. RJohn, R/o. H.No. 26/131, Gnanapuram, Nandyal Mandal, Kurnool District. ...PETITIONER/S*” RESPONDENT AND 1. B.P.Venkata Subba Reddy, S/o. Bangaru Reddy, Aged about 55 years, Occ: Agriculture, R/o. Abbipuram Village, Mahanandi Mandal, Kurnool District 2. The State of Andhra Pradesh Rep by its Principle Secretary, Revenue Department Secretariat Buildings, Hyderabad 3. The District Collector, Kurnool, Kurnool District 4. The Sub-Collector/Revenue Divisional Officer, Nandyal, Kurnool District 5. The Tahsildar, Mahanandi Mandal, Kurnool District. ...RESPONDENTS. 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 vacate the interim order dated 26-04-2016 passed in W.P.MP. No. 17865 of 2016 in W.P. No. 14334 of 2016. I.A. NO: 2 OF 2016fWVMP. NO: 3440 OF 2016) Between: 1. The State of Andhra Pradesh Rep by its Principle Secretary, Revenue Department Secretariat Buildings, Hyderabad 2. The District Collector, Kurnool, Kurnool District 3. The Sub-Collector/Revenue Divisional Officer, Nandyal, Kurnool District 4. The Tahsildar, Mahanandi Mandal, Kurnool District ...PETITIONERS/RESPONDENTS AND 1 1. B.P.Venkata Subba Reddy, S/o. Bangaru Reddy, Aged about 55 years, R/o. Abbipuram Village, Mahanandi Mandal, Kurnool Occ: Agriculture District. ...RESPONDENT/PETITIONER 2. R. Chandrapal Kumar, S/o. R.John, R/o. H.No. 26/131, Gnanapuram, Nandyal Mandal, Kurnool District. ...RESPONDENT/RESPONDENT 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 vacate the interim order granted WP.MP.No. 17865 of 2016 in WP No. 14334 of 2016 dated 26-04-2016 and dismiss the writ petition. I.A. NO: 3 OF 2Q16fWPMP. NO: 17865 OF 201^ 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 the land in admeasuring an extent of Ac.1-18 cents in Sy.No. 547/B situated at Mahanandi Mandal, Kurnool District pending disposal Bukkapuram Village of the Writ Petition. Counsel for the Petitioner :SRI. V VINOD K REDDY Counsel for the Respondent No’s. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI SIVAPRASAD REDDY VENATI The Court made the following ORDER: 1 APHC010548462016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 14334 of 2016 Between: ...PETITIONER B.P.Venkata Subba Reddy AND The State Of Andhra Pradesh, Rep by its Principle Secretary, Revenue Department & Others Counsel for the Petitioner: ...RESPONDENT{S) IMr.V.VINOD K REDDY Counsel for the Respondent(S): 1.GP FOR ASSIGNMENT (AP) 2.GP FOR REVENUE (AP) S.Mr.SIVAPRASAD REDDY VENATI 4.Mr.AKKAM ESHWAR S.Mr.N.SRI RAM MURTHY 2 The Court made the following Order: Heard learned counsel for the petitioner. Also heard learned Assistant . Government Pleader for Revenue appearing on behalf of the respondents 1 to 4 and learned counsel for the 5'^ respondent, who appeared through on line. The present writ petition is filed seeking the following relief; 2. “ to issue any writ, order or direction preferably in nature of Writ of Mandamus declaring the action of the 4’*^ respondents in trying to dispossess the petitioner in respect of the land in admeasuring an extent of Ac. 1.18 cents in Sy.No.547/B situated at Bukkapuram Village, Mahanandi Mandal, Kurnool District as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from the land in admeasuring an extent of Ac.1.18 cents in Sy.No.547/B situated at Bukkapuram Village, Mahanandi Mandal, Kurnool District and to pass such other order or orders as may deem fit and proper in the facts and circumstance of the case.” The learned counsel for the petitioner made submissions with reference to the averments made in the affidavit to the effect that the petitioner is in possession and enjoyment of land admeasuring Ac.1.18 cents in Sy.No.547/B of Bukkapuram Village for the last two decades and an application was made to the 4‘*^ respondent seeking to grant patta in his favour. He submits that an extent of Ac.1.18 cents in Survey No.547/B of Bukkapuram Village was assigned to the petitioner vide DKT Patta D.A.S.Dis3/1416 dated 05.11.2006. He submits that subsequently, the 4‘^ respondent mutated the name of the petitioner in the revenue records and issued pattadar pass books in favour of the petitioner. While so, the learned counsel submits that the 5^^ respondent started claiming right in respect of the subject matter property and approached 3. 3 the 3’’'^ respondent by making a representation. He submits that the 3^^ respondent entertaining the same, issued a Notice dated 21.04.2015 calling upon the petitioner to appear before the 3'^^ respondent and accordingly the petitioner appeared before the 3''^ respondent with all the relevant documents. He submits that though the 3^'^ respondent was satisfied with the material submitted by the petitioner, no orders have been passed. However, as the 4 respondent was taking steps to evict the petitioner without following the due process of law, seeking to declare such action on the part of the 4 respondent as illegal, arbitrary etc., the present writ petition is filed. Making the said submissions,the learned counsel seeks the relief sought for in the writ petition. th th 4. The learned Assistant Government Pleader for Revenue, on the other hand, made submissions with reference to the averments made in the counter-affidavit of respondent No.4 and also the latest instructions dated 07.02.2025 received from the 3^^ respondent informing that the matter is pending before the Revenue Divisional Officer, Nandyal as stated in the writ petition. Be that as it may. From a reading of the counter-affidavit filed by the 4'^ respondent, it would appear that the assignment made in favour of the petitioner is irregular and the petitioner and his family members are having several extents of land in Mahanandi Mandal, the details of which, are specifically set out in Para No.4 of the counter-affidavit. The counter-affidavit further indicates that the 5*^ 5. respondent filed an appeal under B.S.O.(Board Standing Orders) against the 4 irregular assignment made in favour of the petitioner and the matter is pending . consideration before the Revenue Divisional Officer. The learned counsel for the S**" respondent contends that the petitioner is not entitled for assignment of land more particularly in view of the fact that the petitioner is possessing huge extents of land along with his family members. He also submits that when the issue is pending before the Revenue \ Divisional Officer, which fact is not disputed by the petitioner, the writ petition is not maintainable and liable to be dismissed. 6. 7. This Court has considered the submissions made and perused the material on record. No reply affidavit is filed to the counter affidavits. 8. Though the writ petition is liable to be dismissed on the ground of not contradicting the averments in the counter-affidavits, considering the fact that the matter is pending before the Revenue Divisional Officer, Nandyal, this Court instead of going into the merits, deems it appropriate to dispose of the writ petition with a direction to the Revenue Divisional Officer / 3'^'^ respondent to decide the matter, after giving due opportunity of hearing to both sides and pass appropriate orders, in accordance with the Law, as expeditiously as possible, within a period of four (4) weeks from the date of receipt of a copy of • this order. 5 Accordingly, the writ petition is disposed of. The interim order dated • 26.04.2016 granted for a period of eight (8) weeks stands dissolved. No order 9. as to costs. As a sequel, all the pending miscellaneous applications, if any, shall stand closed. SD/- N-NAGAIViMA assistant REGl^ secti6nofficer AR //TRUE COPY// To 1. The Principle Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur 2. The District Collector, Kurnool, Kurnool District 3. The Sub-Collector/Revenue Divisional Officer, Nandyal, Kurnool District 4. The Tahsildar, Mahanandi Mandal, Kurnool District 5. One CC to SRI. V VINOD K REDDY, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. One CC to SRI SIVAPRASAD REDDY VENATI, Advocate [OPUC] 8. Three CD Copies PRK HIGH COURT DATED:14/02/2025 ORDER WP.No.14334of 2016 DISPOSING OF THE W.P. WITHOUT COSTS