1 DR,J W.P.No.30435/2025 APHC010589092025 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: 30435/2025 Between: 1. GUNAGANAPALLE PRATHAP REDDY, S/O. CHINNA CHOWREDDY, AGED ABOUT 55 YEARS, R/O. D.NO.1-93, POORVA BOMMEPALLE VILLAGE, JAMMALAMADUGU MANDAL, YSR (KADAPA) DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522001 2. THE DISTRICT COLLECTOR, YSR (KADAPA) DISTRICT 3. THE JOINT COLLECTOR, YSR (KADAPA) DISTRICT 4. THE REVENUE DIVISIONAL OFFICER, JAMMALAMDUGU, YSR (KADAPA) DISTRICT 5. THE TAHSILDAR, JAMMALAMDUGU MANDAL, YSR (KADAPA) DISTRICT 6. THE POORVA BOMMEPALLE GRAM PANCHAYATH, REP BY ITS PANCHAYATH SECRETARY, JAMMALAMDUGU MANDAL, YSR (KADAPA) DISTRICT 7. THE DEPUTY SUPERINTENDENT OF POLICE, JAMMALAMADUGU, YSR (KADAPA) DISTRICT 8. THE STATION HOUSE OFFICER, JAMMALAMADUGU URBAN 2 DR,J W.P.No.30435/2025 POLICE STATION, JAMMALAMADUGU, YSR (KADAPA) DISTRICT ...RESPONDENT(S): 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 topleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.5 in issuing the eviction order vide Ref. No.C/275/2025, dated 27.06.2025 in respect of agriculture lands to an extent of Ac.2.53 cents in Survey No.221 and to an extent of Ac.0.03 cents in Survey No.363 of Poorva Bommepalle Village Fields, Jammalamadugu Mandal, YSR (Kadapa) District as arbitrary, illegal, colorable exercise of power and well established principles apart from being violative of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the same and direct the respondents not to interfere and dispossess the petitioners from the scheduled property and pass 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 pleased to suspend the order vide Ref. No.C/275/2025, dated 27.06.2025 passed by the 5th respondent, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. RAVITEJA PADIRI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 DR,J W.P.No.30435/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30435/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.5 in issuing the eviction order vide Ref. No.C/275/2025, dated 27.06.2025 in respect of agriculture lands to an extent of Ac.2.53 cents in Survey No.221 and to an extent of Ac.0.03 cents in Survey No.363 of Poorva Bommepalle Village Fields, Jammalamadugu Mandal, YSR (Kadapa) District as arbitrary, illegal, colorable exercise of power and well established principles apart from being violative of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the same and direct the respondents not to interfere and dispossess the petitioners from the scheduled property…” 2. Aggrieved by the order dated 27.06.2025, the present writ petition has been filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 4. The primary contention made by the learned counsel for the petitioner is that on earlier occasion, this Court had disposed of W.P.No.6637 of 2025 filed by the petitioner with the following direction:- “…This Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit his explanation to the notice dated 06.03.2025, within a period of three (3) weeks from the date of receipt of copy of this order. After receipt of the said explanation, the 5th respondent shall consider the same and pass a speaking orders, after providing opportunity of hearing to the parties concerned, within a period of two (2) months thereafter. Till then, 4 DR,J W.P.No.30435/2025 the respondents are directed to maintain status-quo obtaining as on today. 5. Learned counsel further submit that in compliance to the above directions, the petitioner had given all the material to his counsel to file an explanation, but unfortunately, the counsel has not submitted the explanation. Without knowing the same, the respondents have passed the impugned order. Hence, he requested only to set aside the matter and give one more opportunity to the petitioner to himself file an explanation within a short period and matter would be considered once again. 6. Considering the submissions and perusal of the material, the Writ Petition is disposed of setting aside the impugned order dated 27.06.2025 giving liberty to the petitioner to submit explanation, treating this as a notice, within a period of two (02) weeks from the date of receipt of copy of this order. On filing such explanation, if required, the respondent authority may hear the petitioner also and pass appropriate orders once again. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Dt.04.11.2025 JLV 5 DR,J W.P.No.30435/2025 81 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30435/2025 Dt.04.11.2025 JLV