Extracted from the PDF above. The PDF is authoritative.
APHC010571542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29699/2025 Between:
1. SHEIK DADAPEER, S/O. NAYAMATH, AGED ABOUT 27 YEARS, R/O.D.NO. 1-103B, NADAMPALLI, VTC NADIMPALLE, ANANTAPUR, ANDHRA PRADESH.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH.
3. THE REVENUE DIVISIONAL OFFICER R D O, PENUKONDA DIVISION, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH.
4. THE TAHSILDAR, SOMANDEPALLI MANDAL, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH.
...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 to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd Respondent (RDO, Penukonda Division) in not passing orders on the enquiry report submitted by the Tahsildar, Somandepalli (Rc.No.299/B/2023, dated 28.10.2023), as illegal and arbitrary and Consequently direct the 3rd and 4th respondents to dispose of the matter within a time frame of four (4) weeks 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 3rd and 4th respondents to dispose of the matter pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. RIZWAN ALI SHAIK Counsel for the Respondent(S):
1. GP FOR REVENUE
2 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P. No.29699 of 2025
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: ……to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd Respondent (RDO, Penukonda Division) in not passing orders on the enquiry report submitted by the Tahsildar, Somandepalli (Rc.No.299/B/2023, dated 28.10.2023), as illegal and arbitrary and Consequently direct the 3rd & 4th respondents to dispose of the matter within a time frame of four (4) weeks and pass such other order…..
2. The counsel for the petitioner asserts in the affidavit filed in support of the writ petition that land in Sy.No. 279/2 admeasuring Ac. 2-12 cents classified as Gayalu as per FLR of Nadimipalli village. The Settlement Officer, Nellore has allotted the said land to Baba Fakruddin Committee vide proceedings in S.R. No. 428/15(1)68 ATP as per the Court orders and the said committee subsequently allotted to one Nabasi Sab S/o Fakruddin Sab to cultivate the said land vide proceedings in S.R. No. B/159I)87ATP, on his demise the said land being cultivating by the Nyamath Sab (writ petitioner), since then the petitioner is in the possession of the property.
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3. However, in the year 2018, the subject land was mutated in the name of one K. Sreenivasulu without any basis. Aggrieved by the same, the petitioner submitted a grievance report through Spandana. Pursuant to the complaint, the Tahsildar, Somandepalli, conducted an enquiry based on the field report submitted by the Mandal Revenue Inspector dated 28.10.2023. It was noted that the land belongs to the Dargah and the petitioner's family has been in possession. Though the Tahsildar has acknowledged the illegal mutation, no final order has been passed by the 3rd respondent-Revenue Divisional Officer. Hence, the present writ petition is filed seeking a direction to the 3rd respondent to pass appropriate orders.
4. Heard Sri Sk. Rizwan Ali, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents.
5. Learned Assistant Government Pleader for Revenue for respondents requested to grant some time to secure instructions.
6.
Learned counsel for the petitioner argues that Mandal Revenue Inspector submitted a detailed report vide Rc. No.299/B/2023 dated 28.10.2023 confirming the writ petitioner’s possession of the subject property. Based on this report, the Tahsildar issued a notice dated 15.07.2023 to K. Sreenivasulu to attend an enquiry, as he has not attended for enquiry, the Tahsildar has confirmed that the mutation in
4 the name of K. Sreenivasulu as illegal and submitted a report to the 3rd respondent R.D.O., and he has disregarded the report without issuing any order, the said inaction on the part of the 3rd respondent R.D.O., causing prejudice to the petitioner, hence he seeks a direction to the 3rd respondent.
7. As the prayer in the writ petition is innocuous and only seeks a direction to direct the 3rd respondent R.D.O., to act upon the report submitted by the Tahsildar, as such this Court is inclined to dispose of the present writ petition at the admission stage directing the 3rd respondent-R.D.O., to pass appropriate order on the report submitted by the 4th respondent-Tahsildar vide Rc. No. 299/B/2023 dated 28.10.2023, within a period of (4) four weeks from the date of receipt of this order.
8. Accordingly, the writ petition is disposed of. However, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 30.10.2025 KBN
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69 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No. 29699 OF 2025
Date: 30.10.2025
KBN