^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31474 OF 2024 Between: Chittiboina Chennamma, W/o Venkata Subbaiah, aged about 58 years, R/o. D.No. 1/149, 1st Ward, Madirepalle, Duvvur Mandal, YSR Kadapa District, Andhra Pradesh-516175. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi Village, Tullur Mandal, Guntur District, Andhra Pradesh. The District Collector, (Revenue) YSR Kadapa District, Andhra Pradesh. . The Revenue Divisional Officer, Jammalamadugu, YSR Kadapa District, Andhra Pradesh. The Tahsildar, Duvvur, YSR Kadapa District, Andhra Pradesh. The Village Revenue Officer, Madirepalle, Duvvur Mandal, YSR Kadapa District, Andhra Pradesh. 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of 3'''^ respondent in directing the 4th respondent to cancel the assessment in Khata No. 180 and resume the land of an extent of Ac. 1.50 Cents situated in Sy.No. 56/5 of Madirepalle Village, Duwur Mandal, YSR Kadapa District, through proceedings Reference No. A/2136/2023 dated 17.01.2024 consequent resumption proceedings of the 4th respondent in Reference and W ] No. B/374/2023 dated 25.04.2024, for being illegal, arbitrary, violative of the provisions of the Andhra Pradesh Assigned Lands (Prohibition Transfers) Act, 1977 (Act No. 9 of 1977), violative of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, violative of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No.26 of 1971), devoid of principles of natural justice and unconstitutional and consequently direct the respondents to forthwith restore the possession of assigned land to its original assignee for time instead of resuming the subject land and not to cancel the Khata No. 180 in respect of Ac. 1.50 Cents situated in Sy.No. 56/5 of Madirepalle Village, Duvvur Mandal, YSR Kadapa District. lA NO: 1 OF 2024 of one 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 resumption proceedings vide Reference No. B/374/2023 dated 25.04.2024, issued to resume my land to to an extent of Ac. 1.50 Cents situated in Sy.No. 56/5 of Madirepalle Village, Duvvur Mandal, YSR Kadapa District above Writ petition. pleased to suspend the 4*^ respondents pending disposal of the Counsel for the Petitioner: SRI SRINIVASA RAO BODDULURI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: J APHC010600772024 [3328] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Vi THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31474/2024 Between: 1.CHITTIB01NA CHENNAMMA, W/0 VENKATA SUBBAIAH, AGED ABOUT 58 YEARS, R/0. D.NO. 1/149, 1®* WARD, MADIREPALLE, DUWUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH- 516175. ...PETITIONER AND 1.THE STATE OF ANDRHA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, (REVENUE), YSR KADAPA DISTRICT ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU, YSR KADAPA DISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, DUWUR, YSR KADAPA DISTRICT, ANDHRA PRADESH. 5.THE VILLAGE REVENUE OFFICER, MADIREPALLE, DWUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner; SRINIVASA RAO BODDULURl Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; 1 ORAL ORDER! , learned Counsel representing Sri Srinivasa and Sri K. Arjun Chowdhary. Heard Sri P. Vinod Kumar learned Counsel for the Writ Petitioner Assistant Government Pleader for Revenue. Rao, learned 2 Sri P. Vinod Kumar, learned for the Writ Petitioner Order passed by 17.01.2024 (Ex.P.3). Counsel representing the learned Counsel is Court to the Impugned has drawn the attention of this Officer (Respondent No.3) dated the Revenue Divisional submitted that despite the .01.2024 (Ex.P.3) the copy of the The Writ Petitioner came the Respondent Authorities have take possession. Only then, to know that the learned Counsel for the Writ Petitioner 3. The fact that the said order was passed on 17 never served on the Writ Petitioner said order was to know visited the subject when the about the proceedings only when land of the Writ Petitioner to she has come .01.2024 (Ex.P.3). To this effect. Writ Petitioner has made enquiries passed way back on 17 Para 8 of the Affidavit filed in support of the of the Impugned Impugned Order Writ Petitioner has stated in was the could obtain the copy .2024 (Ex.P.3) only one week ago. Writ Petition that the Writ Petitioner Proceedings, dated 17.01 Pleader would submit that the Writ the District Revenue Officer of an Appeal, learned Assistant Government Petitioner ought to have filed an Appeal before and without approaching the District Revenue Officer by way filing of the present Writ Petition is 4. The is not maintainable in law. 3 for the Writ Petitioner would submit that the The learned Counsel 5. Impugned Order provides 30 days time for filing an Appeal before the District served on the Writ Officer, whereas, the Impugned Order was before the filing of the Writ Petition even though it Revenue Petitioner only one week passed way back on 17.01.2024. was the above facts and circumstances, this Court deems of this Writ Petition, at the admission stage, without directing the Writ Petitioner to file a Statutory Appeal District Revenue Officer within five (05) weeks from today. Having regard to it appropriate to dispose going into the merit, before the 6. If the Appeal is filed before the District Revenue Officer within the time said Appellate Authority shall consider the Appeal the statutory limitation provided under the 7. granted by this Court, the merits without reference to Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. on Andhra further direction to all the parties to maintain Status- quo obtaining as on today, for a period of five (05) weeks. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any There shall be a 8. 9. stand closed in terms of this order. 10. V Sd/- M SURYANADHA REDDY DEPUTY REGISTRAR SECffeN OFFICER //TRUE COPY// To, 1. The Pradesh, 2. The District Collector, (Revenue) YSR Kadapa District, Andhra Pradesh. 3. The Revenue District, Andhra Pradesh. . . o 4. The Tahsildar, Duwur, YSR Kadapa District Andhra Ptadesh. 5. The Village Revenue Officer, Madirepalle, Duwur Mandal, YSR Kadapa District, Andhra Pradesh. . . . rr^oiini 6 One CC to Sri Srinivasa Rao Bodduluri, Advocate 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies Divisional Officer, Jammalamadugu, YSR Kadapa RAM HIGH COURT DATED:02/01/2025 ORDER WP.No.31474 of 2024 ^^ahdh/sS^ ^ 10 JAN WW C9l DISPOSING OF THE WP WITHOUT COSTS