IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) VS MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE lUv' THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD PRESENT WRIT PETITION Nos: 41 OF 2025 & 28458 OF 2024 WRIT PETITION NO: 41 of 2025: Between: P. Vasantha, W/o P.Lakshmaiah, aged about 60 years, Cultivation, R/o D.N0.3-147-2-282-A, Valmiki Nagar, Madanapalle, Annamayya District. ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Annamayya District. 3. The Joint Collector, District Revenue Officer, Office of Collectorate, Rayachoti, Annamayya District. 4. The District Revenue Officer, Office of Collectorate, Rayachoti, Annamayya District. 5. The Tahsildhar, Nimmanapalle Mandal, Nimmanapalle, Annamayya District. 6. B. Bramarambha, W/o P. Prabhakara Sastry, age 75 years. House Wife, Annamayya District. R/o D.No.15-213, Burma Street, Madanapalle Town, aged about 35 years, residing at 7. P. Muniswari, W/o Subramanyam, Bandlapai, Nimmanapalle Mandal, Annamayya District.N ...RESPONDENTS 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may direction more particularly one in the Petition under Article the circumstances stated in be pleased to issue a Writ, Order or nature of Writ of Mandamus by setting aside the impugned proceedings issued by Respondent No.5 in ROC B/88/2024 Dt. 14-12-2024 (SECOND SATURDAY) issued by the office avoid relating to the schedule property viz. Annamayya District (Erst while extent of Ac.2.68 Cents - Full, Bounded of Tahsildar, Nimmanapalle are null and Chittoor District) S.No. 435/1 - an in S.No.435/2, West Cheruvu katta. North Land by East Land of S.Mohana in of P.Lakshmaiah and P.Nagaraja, with peaceful possession and enjoyment of the Petitioner. of S.Mohana and South Land protecting the lawful lA NO: 1 OF 2025 151 CPC praying that in the circumstances Petition under Section stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend with grant of stay till the disposal of the present Writ ROC B/88/2024 against the proceedings of Respondent No.5 i Saturday) issued by the office of Tahsildar, in Petition Dt.14-12- 2024 (Second Nimmanapalle relating to the scheduie property viz. Annamayya District extent of Ac.2.68 Cents - (erst while Chittoor District) - S.No. 435/1 - Full, Bounded by East; Land of S.Mohana in S.No.435/2, West. Cheruvu .Mohana and South; Land of P.Lakshmaiah and an katta. North; Land of S P.Nagaraja, with protecting the lawful, peaceful possession and enjoyment of the Petitioner. Counsel for the Petitioner(s): SRI. JITENDRA KANYALUR Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: NONE APPEARED WRIT PETITION NO: 28458 OF 2024 Between; P Vasantha, W/o P.Lakshmaiah, aged about 60 years, Cultivation, R/o D.N0.3-147-2-282-A, Valmiki Nagar, Madanapalle, Annamayya District. ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Annamayya District. The Joint Collector, District Revenue Officer, Office of Collectorate Rayachoti, Annamayya District. 3. 4. The District Revenue Officer, Office of Collectorate, Rayachoti Annamayya District. 5. The Tahsildhar, Nimmanapalle Mandal, Nimmanapalle , Annamayya District. 6. B.Bramarambha, W/o P.Prabhakara Sastry, age 75 years. House Wife, R/o D.No.15-213, Barma Street, Madanapalle Town, Annamayya 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 a writ, order or direction more particularly one in the nature of writ of mandamus by directing the Respondents No.5 to dispose of AP Online AG-II 0317664 Dt. 09-11-2020 submitted by Respondent no.6, to delete the name of the Respondent No.6 out of the all revenue mutations including cancellation of pass book vide under Katha No.280, thereby to mutate the name of the petitioner and Consequently to set aside the impugned proceedings issued to the petitioner and Respondent No.6 under Form No. I and II of Notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 in ROCA/8/2024 Dt.lO- 11- 2024, and not to interfere in the lawful peaceful possession and enjoyment of the petitioner relating to the present schedule property viz. Annamayya District (erst while Chittoor District) - S.No. 435/1 - an extent of Ac.2.68 Cents - Full, Bounded by East Land of S.Mohana in S.No.435/2, West Cheruvu katta. North Land of S.Mohana and South Land of P.Lakshmaiah and P.Nagaraja,and to pass lA NO: 1 OF 2024 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 Respondent 5 not to interfere towards to this petitioner's peaceful possession and enjoyment over the schedule property Viz. Annamayya District (erst while Chittoor District) - S.No. 435/1 - an extent of Ac.2.68 Cents - Full, Bounded b.. East. Land of S.Mohana in S.No.435/2, West. Cheruvu katta. North. Land of S.Mohana and South' Land of P.Lakshmaiah and P.Nagaraja, pending disposal of the writ petition. lA NO: 2 OF 2024 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 impugned proceedings issued to the petitioner and Respondent No.6 under Form No. I and II of Notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 in ROC A/8/2024 Dt. 10-11-2024 issued by Respondent No.5 pending disposal of the writ petition. Counsel for the Petitioner(s): SRI. JITENDRA KANYALUR Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: NONE APPEARED The Court made the following: COMMON ORDER APHC010599922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m MONDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 41 of 2025 & 28458 of 2024 W.P.No.41 of 2025 Between: 1.P. VASANTHA, W/0 P.LAKSHMAIAH, AGED ABOUT 60 YEARS D.N0.3-147-2-282-A. VALMIKI NAGAR CULTIVATION, R/0 MADANAPALLE, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT . 3.THE JOINT COLLECTOR, DISTRICT REVENUE OFFICER, OFFICE OF COLLECTORATE, RAYACHOTI, ANNAMAYYA DISTRICT. 4.THE DISTRICT REVENUE OFFICER, OFFICE OF COLLECTORATE, RAYACHOTI, ANNAMAYYA DISTRICT. 5.THE TAHSILDHAR, NIMMANAPALLE MANDAL, NIMMANAPALLE, ANNAMAYYA DISTRICT. 6.B BRAMARAMBHA, W/0 P. PRABHAKARA SASTRY, AGE 75 YEARS, HOUSE WIFE, ANNAMAYYA DISTRICT. R/0 D.NO.15-213, BURMA .. ,♦ 2 STREET, MADANAPALLE TOWN, 7.P MUNISWARI, W/0 SUB RAMAN YAM, AGED ABOUT 35 YEARS, BANDLAPAI, NIMMANAPALLE MANDAL, RESIDING AT ANNAMAYYA DISTRICT.N ...RESPONDENT(S): Counsel for the Petitioner: 1.JITENDRA KANYALUR Counsel for the Respondent(S): 1.GP FOR REVENUE W.P.No.28458 of 2024 Between: 1.P VASANTHA, W/0 P.LAKSHMAIAH, AGED ABOUT 60 YEARS, D.N0.3-147-2-282-A, VALMIKI NAGAR, CULTIVATION, R/0 MADANAPALLE, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT. 3.THE JOINT COLLECTOR, DISTRICT REVENUE OFFICER, OFFICE OF COLLECTORATE, RAYACHOTI, ANNAMAYYA DISTRICT. 4.THE DISTRICT REVENUE OFFICER, OFFICE OF COLLECTORATE, RAYACHOTI, ANNAMAYYA DISTRICT. 5.THE TAHSILDHAR, NIMMANAPALLE MANDAL, NIMMANAPALLE ANNAMAYYA DISTRICT. 6.B BRAMARAMBHA, W/0 P.PRABHAKARA SASTRY, AGE 75 YEARS. HOUSEWIFE, R/0 D.NO.15-213, BARMA STREET, MADANAPALLE TOWN, ANNAMAYYA DISTRICT. \ 3 ...RESPONDENT(S): Counsel for the Petitioner: 1.JITENDRA KANYALUR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL COMMON ORDER: Heard Sri Jitendra Kanyalur, learned Counsel for the Petitioner appearing through Online and Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue. 2. Learned Counsel for the Petitioner submits that the Writ Petitioner has submitted an explanation dated 22.11.2024 (Ex.PII) to the Form-1 and the Form-ll Notices issued by the Tahsildar. It is the submission of the learned Counsel for the Petitioner that the impugned order dated 14.12.2024 (Ex.P19) has been passed by the Tahsildar stating that the Writ Petitioner has not submitted any explanation to the Notices issued by the Tahsildar in Form-1 and Form-ll. Learned Counsel for the Petitioner would submit that this finding which has been recorded by the Tahsildar that the Writ Petitioner did not submit any explanation is factually incorrect. Learned Counsel for the Petitioner has drawn the attention of this Court to the explanation submitted dated 22.11.2024 (Ex.PII). On specific query posed by this Court as regards the evidence to 3. establish that the Writ Petitioner has submitted this explanation to the 4 Tahsildar, learned Counsel for the Petitioner would submit that there is no such proof to indicate that the Writ Petitioner has submitted the explanation. When this Court has perused the impugned order dated 14.12.2024 (Ex.P19) this Court has noticed that it has been categorically stated by the Tahsildar that despite issuance of Form-1 and Form-ll Notices to the Writ Petitioner, the Writ Petitioner has not submitted any explanation. Due to lack of any material for the Petitioner to establish that the said 4. explanation dated 22.11.2024 has been submitted to the Tahsildar, this Court is of the opinion that one more opportunity should be granted to the Writ Petitioner to submit a copy of the explanation dated 22.11.2024 to the Tahsildar and to enable the Tahsildar to consider the said explanation objectively and pass a fresh Speaking Order in accordance with law. Accordingly, the impugned order dated 14.12.2024 (Ex.P19) bearing 5. R.O.C.B/88/2024 is set aside. There shall be a direction to the Writ Petitioner to submit a copy of the Explanation dated 22.11.2024 (Ex.PI3) to the Tahsildar (Respondent No.5) within two weeks from today by way of registered post. The Tahsildar shall in turn supply the copy of the said Explanation (Ex.P13) to the Unofficial Respondent Nos.6 & 7 in W.P.No.41 of 2025, invite their submissions/objections and pass a Speaking Order objectively and in accordance with law within a period of eight weeks from the date of receipt of the explanation and communicate a copy such order to all the interested parties including the Writ Petitioner forthwith. V 5 \ With these observations and directions, the Writ Petition No.41 of 2025 is allowed to the extent indicated above. Accordingly, the Writ Petition No.28458 of 2024 is disposed of as having become infructuous. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- SHAIK MOHD. RAFI assistant registrar SE6TjofrOFF>CER 6. 7. 8. //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Guntur District. 2. The District Collector, Annamayya District. 3. The Joint Collector, District Revenue Officer, Office of Collectorate, Rayachoti, Annamayya District. 4. The District Revenue Officer, Office of Collectorate, Rayachoti, Annamayya District. 5. The Tahsildhar, Nimmanapalle Mandal, Nimmanapalle , Annamayya District. 6. One CC to Sri. Jitendra Kanyalur, Advocate [OPUC] 7. Two CCs to GP For Revenue ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies AL ♦ • HIGH COURT DATED:06/01/2025 COMMON ORDER WP.Nos.41 of 2025 & 28458 of 2024 2 1 JAN 2025 X \«> Current Section £^AArc^ ALLOWING THE WP N0.41 OF 2025 DISPOSING OF THE WP N0.28458 OF 2024 WITHOUT COSTS