IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA' '-f" (Special Original Jurisdiction) m > o iO. ffr FRIDAY THE FOURTH DAY OF APRIL ^ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA / WRIT PETITION NO: 8737 OF 2025 X Between: Dudekula Mabu, S/o Dudekula Babaiah, Aged about 45 years, R/o Musturu Village, Bathalapalli Mandal, Sri Satyasai District. ...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 Satyasai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satyasai District. The Tahsildar, Bathalapalli, Sri Satyasai District. 4. 5. Katamaiah, S/o Madanna, F^/o Musturu Village, Bathalapalli Mandal, Sri Satyasai 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 pass an order or direction or any other proceedingsone in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the 2nd notice vide L.P.No.C/33/2025 dated (35-03-2025 as illegal, arbitrary and without jurisdiction and violation of the petitioner's rights guaranteed under Art. 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's property without following due process of law. 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 dispossess the petitioner and not to interfere with peaceful possession and enjoyment of the house property in Sy. No.83 with their respective plot numbers situated in Kadiri village and mandal, Sri Satyasai Dist., pending disposal of the Writ Petition. Counsel for the Petitioner; SRI. M KARIBASAIAH X" Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: None appeared The Court made the following Order: APHC010168872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8737/2025 Between: Dudekula Mabu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M KARIBASAIAH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8737/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in issuing the 2"^ notice vide L.P.No.C/33/2025 dated 05.03.2025 as illegal, arbitrary and without jurisdiction and violation of the petitioner’s rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and conseguently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s property without following due process of law and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.5.03 cents in Sy.No.265-1A situated at Mushturu Village, Battalapalli Mandal, Satya Sai District, having acquired the same through a registered sale deed from his vendor who in turn acquired the subject property by way of auction purchase through a sale certificate issued by the Court below in the year 1977. After acquisition of the subject property, the petitioner name was mutated in the revenue records and pattadar passbook and title deed were also issued. While things stood thus, 4*^ respondent issued notice on 27.01.2025 basing upon the third party complaint 3 m directing the petitioner to submit a-ii the title documents to substantiate the title over the subject property and also directed to attend enquiry. In pursuance of the subject notice, the petitioner th submitted detailed explanation on 06.02.2025 before the 4 respondent. Having received the said explanation, without conducting any enquiry on that and without considering the explanation submitted by the petitioner, the 4'^ respondent cannot issue notice dated 05.03.2025 reiterating the demand which was made in the earlier notice dated 27.01.2025. Hence, the present Writ Petition. 4. Learned counsel for the petitioner further submits that once notice was issued and for which the petitioner also submitted detailed explanation and attended before the 4*^^ respondent in compliance of notice, without determining the rights of the petitioner pursuant to the explanation, the 4'^^ respondent cannot be permitted to issue second notice with the similar demand. 5. On the other hand, learned Assistant Government Pleader th submits that since the petitioner submitted an explanation, the 4 respondent is under the statutory obligation to consider the same and pass appropriate orders in accordance with law. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed on 4 record, this Court deems it appropriate to dispose of the writ petition directing the 4**^ respondent to consider the explanation of the petitioner dated 06.02,2025 to the notice dated 27,01.2025, after providing an opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of copy of this Order. In the meanwhile, the 4*^ respondent is directed not to proceed further pursuant to any further notice more particularly with the second notice dated 05.03.2025. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFJGER To. 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Sri Satyasai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satyasai District. 4. The Tahsildar, Bathalapalli, Sri Satyasai District. 5. One CC to SRI. M KARIBASAIAH, Advocate [OPUC] 6. Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies vna HIGH COURT DATED:04/04/2025 ORDER WP.No.8737 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS