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2025 DAILYLAW 42031 (AP)

S GANESH v. THE STATE OF ANDHRA PRADESH

WP/30321/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

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1 DR,J W.P.No.30321/2025 APHC010512422025 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: 30321/2025 Between: 1. S GANESH, S /O. S.GOPAL NAIK HINDU, OCC CULTIVATION, AGED ABOUT 23 YEARS, RESIDENT OF NUTHIMADUGU VILLAGE, KAMBADURU MANDAL, SATHYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2) 2. THE DISTRICT COLLECTOR, SATHYA SAI DISTRICT. 3) 3. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, SATHYA SAI DISTRICT. 4) 4. THE MANDAL REVENUE OFFICER, RAMAGIRI,SATHYA SAI DISTRICT. 5) 5. THE TAHSILDAR, RAMAGIRI MANDAL, SATHYA SAI 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No 4 in not acting upon the notice dated. 21.07.2025 issued by the respondent No 3 illegal and arbitrary mutations carried out in favor of the unofficial 2 DR,J W.P.No.30321/2025 respondents, without giving notice or enquiry, in violation of the principles of natural justice and the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 by directing the Revenue Authorities Respondents No. 4 and 5 to restore the names of the petitioners in the revenue records with respect to the subject lands in Survey No.57-4(Ac.4-96 cents) 57-7cents (Ac.5-1 Scents) and 56-8 (Ac. 3- 60 cents)56-8B(Ac.1.50 Cents) 56-86(1.56) in Ganthimari Village, Ramagiri Mandal, Sathya Sai District and set aside the same, 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 direct the respondent No.5 from interfering with the petitioner’s peaceful possession and enjoyment of the subject land, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. KOTHAPALLI AISHWARYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 DR,J W.P.No.30321/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30321/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No 4 in not acting upon the notice dated. 21.07.2025 issued by the respondent No 3 illegal and arbitrary mutations carried out in favor of the unofficial respondents, without giving notice or enquiry, in violation of the principles of natural justice and the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 by directing the Revenue Authorities Respondents No. 4 and 5 to restore the names of the petitioners in the revenue records with respect to the subject lands in Survey No.57-4(Ac.4-96 cents) 57-7cents (Ac.5-1 Scents) and 56-8 (Ac. 3- 60 cents)56-8B(Ac.1.50 Cents) 56-86(1.56) in Ganthimari Village, Ramagiri Mandal, Sathya Sai District and set aside the same…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. 3. Learned counsel for the petitioner has submitted that though based on the representation made by the petitioner, the 3rd respondent had considered the matter and directed the 4th respondent to interfere into the matter and take appropriate action vide orders dated 21.07.2025, the 4th respondent has not acted upon the orders passed by the 3rd respondent. 4. Hence, the Writ Petition is disposed of directing the 4th respondent to conduct an enquiry after issuing due notice to all the concerned and take appropriate action based on the enquiry. The said action shall be completed 4 DR,J W.P.No.30321/2025 within a period of three (03) months from the date of receipt of copy of the order. 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.30321/2025 76 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30321/2025 Dt.04.11.2025 JLV