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2025 DAILYLAW 40015 (AP)

ABDUL MALIK v. THE STATE OF AP

WP/29319/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

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APHC010563562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29319/2025 Between: 1. ABDUL MALIK, S/O. ABDUL SATTAR, AGED ABOUT ABOVE 43 YEARS, R/O. D.NO. 5-478, NEHRU STREET, V. KOTA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER DIVISION, CHITTOOR DISTRICT. 4. 4. THE TAHSILDAR, V. KOTA MANDAL, CHITTOOR DISTRICT. 5. 5. K RAGHUPATHI, S/O. KEMPANNA, AGED ABOUT 50 YEARS, R/O. PATRAPALLI VILLAGE, V. KOTA MANDAL, CHITTOOR DISTRIC ...RESPONDENT(S): 2 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 or Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in dismissing an appeal filed by the petitioner and unofficial respondent vide his proceeding vide D. Dis. G/95/2024 B/2022/2024 dated 19.09.2025 in respect of Sy.No. 385/IB an extent of Ac. 0. 59 cents of partrapalle village of V.Kota Mandal, Chittoor District is illegal, arbitrary and violations of Article 14, 21 300A and consequently set aside same and pass s IA 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 suspend the proceeding issued by the respondent No.3 vide D. Dis. G/95/2024 & B/2022/2024 dated 19.09.2025 in respect of Sy.No.385/1B an extent of Ac.0.59 cents of partrapalle village of V. Kota Mandal, Chittoor District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29319 OF 2025 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the 3rd respondent in dismissing an appeal filed by the petitioner and unofficial respondent vide his proceeding vide D.Dis.G/95/2024 B/2022/2024 dated 19.09.2025 in respect of Sy.No. 385/IB an extent of Ac. 0. 59 cents of partrapalle village of V.Kota Mandal, Chittoor District is illegal, arbitrary and violations of Article 14, 21 300A and consequently set aside same and pass such other order or orders….” 2. Heard Sri K.Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. The contention of the learned counsel for the petitioner is that the petitioner has filed an application before respondent no.3 seeking to set aside the orders of the Tahsildar, V.Kota as well as respondent no.5 has also filed an appeal before respondent no.3 seeking to delete the entries made in favour of the petitioner. Initially, respondent no.3 has rejected the application filed by some third parties, but surprisingly, he entertained the appeal filed by respondent no.5 and he dismissed the appeal filed by the petitioner. Hence the Writ Petition. 4 4. Learned Assistant Government Pleader appearing on behalf of the respondents submitted that as against the impugned orders, there is a statutory provision of Revision before the Joint Collector. 5. In view of the said circumstances, this Court is not inclined to go into the merits of the case. Hence, notice to respondent no.5 is dispensed with. Liberty is given to the petitioner to approach the Joint Collector by way of a Revision within thirty (30) days from the date of receipt of a copy of the order and it is also needless to say that along with the Revision, the petitioner is also entitled to file an interim application for protection of his right and if any such application is filed, the Joint Collector is directed to pass appropriate orders expeditiously. Till disposal of the Revision and interim application by the Joint Collector, there shall be a direction to the respondents to maintain status-quo with regard to revenue records. 6. With the above direction, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 04.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.29319 OF 2025 04.11.2025 RD