? [3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF MARCHS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6754 OF 2020 Between: 1. G.Rajasekhar Naidu, W/o G.Narasimhulu Naidu Hindu , Aged about 59 Years, Occ Agriculture R/o Ksheerasamudram village GiddamakarajaPuram, S.R.Puram Mandal, Chittoor District. ...PETITIONER AND 1. The District Collector, Chittoor District at Chittoor 2. The Joint Collector, Chittoor,Chittoor District 3. The Mandal reveune officer, S.R.Puram, S.R.Puram Mandal, Chittoor District. 4. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Department, A. P.Secreta riat, Amaravathi . ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 impugned notice issued by respondent no. 2 in proceedings RQC (E4)REV-ESECOLAS(APL/26/2020 ) dated 28/02/2020 as illegal, arbitrary, unconstitutional and being violative of articles 14, 21 and 300(A) of the constitution of India and without jurisdiction and to set aside the impugned notice issued by respondent no. 2 in proceedings ROC (E4)REV-ESECOLAS(APL/26/2020) dated 28/02/2020 and consequently stay all further proceedings in pursuance of impugned notice ROC (E4)REV ESECOLAS(APL/26/2020) dated 28/02/2020 issued by Respondent no .2 for cancellation of DIG- Patta no 162/4/1417 dated 12/11/2007 for schedule property situated in S.No 232/1 of an extent of Ac 3.49 Cents situated at Giddamaka raja puram (GMRPURAM) village accounts, S.R.Puram Mandal, Chittoor District. revenue lA NO: 1 OF 2020 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of impugned notice ROC (E4)REV-ESECOLAS(APL/26/2020) dated 28/02/2020 issued by Respondent no .2. Counsel for the Petitioner(s):SRI. P JAGADISH CHANDRA PRASAD Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following: 1 APHC010110162020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6754/2020 Between: G.Rajasekhar Naidu ...PETITIONER AND ...RESPONDENT(S) The District Collector and others Counsel for the Petitioner: 1.P JAGADISH CHANDRA PRASAD Counsel for the Respondent{S): 1.GP FOR REVENUE (AP) 2 The Court made the following order: The present writ petition is filed to declare the impugned notice issued by respondent No.2 in proceedings ROC(E4)REV-ESECOLAS(APL/26/202 0) dated 28.02.2020 as illegal, arbitrary, unconstitutional and being violative of articles 14, 21 and 300(A) of the Constitution of India and without jurisdiction and consequently set aside the impugned notice dated 28.02.2020 issued by respondent No.2. 2. The petitioner claims that he was assigned land admeasuring an extent of Ac.3.49 cents in Sy.No.232/1 of Giddamakarajapuram Village, S.R.Puram Mandal, Chittoor District by virtue of proceedings in DKT Patta No. 162/4/1417 dated 12.11.2007. It is further case of the petitioner that since the date of grant, he has been in peaceful possession and enjoyment of the said land without any interference from anybody. It is further case of the petitioner that his name was mutated in the revenue records and respondent No.3 also issued pattadar passbooks and title deeds in his favour over the subject land. The counsel for the petitioner would further submit that the petitioner raised Mango trees in the said land by taking financial assistance. It is further averred in the affidavit in support of the writ petition that when the respondents tried to interfere with his possession, he filed writ petition vide W.P.No.20625 of 2019 before this Court and the same was disposed of by order dated 19.12.2019 directing the respondents not to dispossess the petitioner except in accordance with law. In pursuance of the said order passed by this Court the petitioner alleges that respondent No.3 issued notice dated 28.02.2020 3 calling for explanation from the petitioner as to why the DKT patta granted in his favour shall not be cancelled on the ground that the petitioner did not bring the land fit for cultivation. Questioning the said notice dated 28.02.2020, the present writ petition is filed. On the other hand, respondent No.3 filed counter affidavit stating that the petitioner fraudulently obtained DKT patta in his favour and on physical verification it has come to light that the lands are classified as ‘hillock’ and the same is not fit for cultivation except an extent of Ac. 1.00 out of total extent of Ac.6.81 cents. It is further averred in the counter affidavit that the name of the 3. petitioner was not entered in the DKT register maintained by respondent No.3. it is further contended that as the writ petition is filed against the show-cause notice and the same is not maintainable and prays to dismiss the writ petition. Heard learned counsel for the petitioner and the learned Assistant 4. Government Pleader for Revenue. Perused the material available on record. It is not in dispute that the petitioner was granted DKT patta over the subject land vide DKT patta No. 162/4/1417, dated 12.11.2007. Respondent No.3 stated that the petitioner fraudulently obtained DKT patta and the same is not reflected in the DKT register maintained by the respondents. It is further case of the respondents that the assignment ought not to have been granted in respect of the subject land as the same is classified as ‘hillock’ and it is not suitable for cultivation. As the present writ petition is filed questioning the show-cause notice issued by respondent No.3, as long as the jurisdiction of respondent No.3 is not under challenge, the petitioner cannot maintain the 5. k present writ petition. This Court by order dated 17.03.2020 stayed all further proceedings pursuant to the show-cause notice and in view of the same, the respondents could not proceed further in the matter. Having considered the facts and ci 6. circumstances of the case, the present submit expianation/objections to the show-cause notice dated 28.02.2020 within a period of four (4) weeks from the date of Writ Petition is disposed of directing the petitioner to receipt of a copy of this order and thereafter respondent No.3 is directed to pass appropriate order after affording an opportunity of being heard to the petitioner. It is neediess to mention, till such time, the respondents are directed not to interfere with the possession of the petitioner. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue " Pradesh, A. P.Secreta hat, Amaravathi . 2. The District Collector, Chittoor District at Chittoor 3. The Joint Collector, Chittoor,Chittoor District 4. The Mandal reveune officer, S.R.Puram, District. [2 TO 4 by RPAD] 5. One CC to SRI. P JAGADISH CHANDRA 6. Two CCs to GP FOR REVENUE [OUT] 7. Three CD Copies Department, State of Andhra [By Special Messenger] / S.R.Puram Mandal, Chittoor PRASAD Advocate [OPUC] (AP) ,High Court Of Andhra Pradesh. HIGH COURT DATED:25/03/2025 ORDER WP.No.6754 of 2020 of akoh THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS