Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH:lAMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1247 OF 2025 Between: Gondi Parandhamaiah, S/o Babu Rajendrarao, aged about 55 years, male, occupation cultivation, resident of D.No.2-100, Davajugudem, Buddavaram Gannavaram-521101, Krishna District. (Mobile No.9490743593). ...Petitioner AND
1. The State of AP, represented by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Guntur District, A.P.
2. The District Collector, Collector Office, Krishna District, Machilipatnam. 3. The Mandal Revenue Officer, Gannavaram mandal, Gannavaram, Krishna district. 4. The Divisional Panchayat Officer, Gudivada Division, Krishna District. 5. The Panchayat Secretary, Buddavaram Village, Gannavaram Mandal, Krishna 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, more particularly one in the nature of writ of Mandamus, declaring an action of the respondents more particularly respondent No.5 issued impugned notice bearing RC.No.22/25/2025, dated. 10.01.2025 is illegal, arbitrary, unconstitutional and violation of the sections. 15(2)(3) and 16 of the A.P. Survey and boundaries Act, 1923 violation of principles of natural justice violation of Article 14 of the Constitution of India- violation of sections. 13(1)
and 58(2) of the Andhra Pradesh Panchayat Raj Act 1994 violation of the sections.270 and 283 of the Bharatiya Nyaya Sanhita 2023 and violation of rule 4 of G.O.Ms.No.188(Panchayat raj and rural development(pts.
lV) department), dated.21.07.2011 and to set a-side the impugned notice dated.10.01.2025 and consequently to direct the respondents not to interfere in any way with the peaceful possession and enjoyment of the petitioner s agricultural land bearing R.S.No.4-7, admeasuring Ac.0.46 cents of Buddavaram village, Gannavaram mandal, Krishna District pending disposal of the writ petition 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 interfere in any way with the peaceful possession and enjoyment of the petitioners agricultural land bearing R.S.No.4-7, admeasuring Ac.0.46 cents of Buddavaram village, Gannavaram Mandal, Krishna District pending disposal of the writ petition Counsel for the Petitioner: SRI MULLAPUDI SATYANARAYANA Counsel for the Respondent Nos.1,4 & 5: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE The Court made the following: Order
APHC010025382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1247/2025 Between: ...PETITIONER Gondi Parandhamaiah AND ...RESPONDENT(S) The State Of Ap and Others . Counsel for the Petitioner:
1.MULLAPUDI SATYANARAYANA Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following:
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
ORDER: Heard Sri M.Satyanarayana,
learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.
2. The petitioner claims to have been assigned patta on 17.05.1988 over an extent of Ac. 0.46 cents in survey No.4-7 of Budddavaram Village by the then Mandal Revenue Officer, Gannavaram Mandal.
3. It is stated that subsequently the petitioner was issued pattadar pass book and entries were also reflected in the revenue records. While so, the impugned notice was issued on 10.01.2025 by the 5'^ respondent calling upon the petitioner to vacate the land within a period of seven (7) days from the date of receipt of the notice on the ground that the schedule property is a Government Poramboke land.
4. The learned Assistant Government Pleader, on instructions, submitted that a joint inspection was conducted by the Mandal Revenue Inspector, Mandal Surveyor, Village Surveyor and Village Revenue Officer of Buddavaram Village and pursuant to the survey. the land falling under LPM.No.4, R.S.No.4-7 vide Rc.No.22/5/2025
3 the impugned notice was issued under G.O,Ms.No.188, dated
21.07.2011. After hearing the respective counsel, the short issue that falls
5. for consideration is, whether the patta was granted to the petitioner or not on 17.05.1988.
6. Therefore, the petitioner is directed to submit his explanation to the respondent pursuant to the impugned notice dated 10.01.2025 and the 5‘^ respondent shall consider the explanation and thereafter pass orders thereon and communicate the same to the petitioner. Till such time, no coercive action will be initiated against the petitioner. The impugned notice dated 10.01.2025 shall be treated as show cause notice. Accordingly, this Writ Petition is disposed of. There shall be
7. no order as to costs. As a sequel. Interlocutory Applications pending. if any, shall stand closed.
Sd/- SHAIK MOHAMMED RAFI ASSISTANTl^EGISTRAR SECrioNOFFICER //TRUE COPY// To,
1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District.
2. The District Collector, Collector Office, Krishna District, Machilipatnam.
3. The Mandal Revenue Officer, Gannavaram Mandal, Gannavaram, Krishna District.
4. The Divisional Panchayat Officer, Gudivada Division, Krishna District.
5. The Panchayat Secretary, Buddavaram Village, Gannavaram Mandal, Krishna District.
6. One CC to Sri Mullapudi Satyanarayana, Advocate [OPUC]
7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
9. Three CD Copies psa
HIGH COURT VACATION COURT DATED: 17/01/2025
ORDER WP.No.1247 of 2025 I %% I DISPOSING THE WP WITHOUT COSTS psq