APHC010211082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17712/2022 Between: 1. GUNIPALLI VENKATESH, S/O. G. PEDDA NAGANN, AGED 50 YEARS OCC. AGRICULTURE, R/O. H NO. 5-564, PEDDAMMAGUDI STREET, KOTHACHERVU TOWN AND MANDAL SATYASAI PUTTAPARTHI DISTRICT 2. GUNIPALLI NAGABHUSHANA, S/O. G. PEDDA NAGANN, AGED 45 YEARS OCC. AGRICULTURE, RIO. H NO. 3-606, PEDDAMMAGUDI STREET, KOTHACHERVU TOWN AND MANDAL SATYASAI PUTTAPARTHI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT AT VELAGAPUDI, AMARAVATHI 2. THE DISTRICT COLLECTOR, SATYASAI PUTTAPARTHI DISTRICT AT PUTTAPARTHI 3. THE REVENUE DIVISIONAL OFFICER, PUTTAPARTHI DIVISION, SATYASAI PUTTAPARTHI DISTRICT 4. THE TAHSILDAR, PUTTAPARTHI MANDAL, SATYASAI PUTTAPARTHI DISTRICT 5. VADDE SALEMMA W/O LATE VENKATARAMUDU, AGED ABOUT 50 YEARS, R/O BC COLONY, NEAR JALAPPA HOUSE, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAI 2 HBKM,J W.P.No.17712 of 2022 PUTTAPARTHI DISTRICT R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.17.09.2025 IN I.A.NO.02 OF 2022. ...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 toto issue a Writ, Order or Direction more particularly in the matter of Writ of Mandamus, declaring the action of the respondents in not dividing the properties equally to the petitioners situated in Sy No. 322-17 (Ac.0.89 cents) and Sy No. 177-1/6 (Ac.0.62 cents), totaling Ac.1.51 cents situated at Kappaabanda Village, Puttaparthi Mandal, Satyasai Puttaparthi District basing on the notice dated 01.10.2021 vide Proc L P No. 243/2021 issued by the 4th respondent which is our ancestral property is illegal, arbitrary and against to the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to partition the agricultural land equally to the petitioners and issue PPBs and TTDs in the interest of justice and to pass IA NO: 1 OF 2022 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 particularly the 4th respondent to enquire the matter and issue orders by dividing the agricultural property in equal shares to the petitioners in connection with the lands in Sy No. 322-17 (Ac.0.89 cents) and Sy No. 177-1/6 (Ac.0.62 cents), totaling Ac.1.51 cents situated at Kappaabanda Village, Puttaparthi Mandal, Satyasai Puttaparthi District basing on the notice dated 01.10.2021 vide Proc L P No. 243/2021 issued by the 4th respondent, pending disposal of the main writ petition and pass IA NO: 2 OF 2022 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 permit the petitioners to implead the proposed respondent no. 5 as proper respondent no. 5 in the above WP No. 17712 of 2022 as well as I.A's and to pass such Counsel for the Petitioner(S): 1. R SUJAN KUMAR 3 HBKM,J W.P.No.17712 of 2022 Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.17712 of 2022 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The 5th respondent refused to receive the notice. 2. This writ petition was filed questioning the inaction of the 4th respondent in issuing notice dated 01.10.2021 with respect to the subject land in an extent of Ac.0.89 cents in Sy.No.322-17 and Ac.0.62 cents in Sy.No.177-1/6 in total Ac.1.51 cents situated at Kappaabanda Village, Puttaparthi Mandal, Satyasai Puttaparthi District. 3. The learned counsel for the petitioners submits that initially the subject land was given in assignment to the family member of the petitioners and the 5th respondent, who is the wife of Mr. Venkata Ramudu, after his demise, the assignment appears to have been changed in the name of the 5th respondent and she is trying to obtain the compensation to the subject acquired land for the purpose of APIIC. 4. In those circumstances, the 2nd petitioner gave complaint to the 4th respondent and accordingly, the above said notice dated 01.10.2021 was issued by the 4th respondent to the petitioners and as well as the 5th respondent. Thereafter, there is no progress in the matter. 5 HBKM,J W.P.No.17712 of 2022 5. The learned counsel for the petitioners further submits that, if the subject assigned land is proportionately divided amongst the family members by the 4th respondent, justice would be done to all the concerned. 6. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the 4th respondent will follow the due procedure pursuant to the notice dated 01.10.2021. 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the 4th respondent is directed to proceed with the necessary enquiry in accordance with law, pursuant to the above said notice dated 01.10.2021 by hearing all the parties concerned, giving due opportunity, including the petitioners, the 5th respondent and the others concerned, if any, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of this order. The above said exercise shall be undertaken by the 4th respondent, if not already completed pursuant to the above said notice by this time, following the due procedure. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 6 HBKM,J W.P.No.17712 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 10.12.2025 PGT