Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1914 OF 2025 , ^ Between: Kuruva Lakshmamma, W/o.late Pedda Yellaiah, Aged about 82 years, Occ: Cultivation, R/o. Rollapadu Village, Midthur Mandal, Nandyal District, Erstwhile Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner of Appeals, Government of Andhra Pradesh, Mangalagiri, Guntur District. The Joint Collector and Additional District Magistrate, Nandyal, Nandyal District. The Revenue Divisional Officer, Atmakur Division, Atmakur, Nandyal District. The Tahsildar, Midthur Mandal, Nandyal District. Erstwhile Kurnool District. Boya Naganna, S/o.Thirupalu, Aged about 47 years, Occ. Cultivation, R/o. Rollapadu Village, Midthur Mandal, Nandyal District, Erstwhile Kurnool District. 1. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction more particularly one in the may
nature of Writ of Mandamus declaring the action of the 2nd respondent in not passing any order in the Stay Petition filed along with Revision Petition on 10-01-2025 which is filed aggrieved by the Rc.No.D3/1474/2024 13-12-2024 passed by the 3^" respondent is illegal, arbitrary, violation of Article 300(A) of the Constitution of India and , dated consequently direct the from the land in cents situated at Rollapadu village, Midthur Mandal, Nandyal District pending disposal of the Revision before the 2"'^ Respondent. Respondents No.2 to 5 not to dispossess the Petitioner Survey No.437/A2, extent Ac.2-75 Petition lA NO: 1 OF 2Q2fi 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 No.2 to 5 not to dispossess the Petitioner from the land in Survey No.437/A2. extent Ac.2-75 cents situated at Rollapadu village, Midthur Mandal, Nandyal District the Writ Petition.
pending disposal of Counsel for the Petitioner: SRI DAGGUBATI RAMASWAMY Counsel for the Respondent Nos.1, 3 to 5: SRI K. ARJUN AGP FOR REVENUE REDDY CHOWDHARY, Counsel for the Respondent Nos.2 & 6:— The Court made the following: ORDER
APHC010035712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1914/2025 Between: 1.KURUVA LAKSHMAMMA, W/O.LATE PEDDA YELLAIAH, AGED ABOUT 82 YEARS, OCC. CULTIVATION, R/0. ROLLAPADU VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF APPEALS, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, NANDYAL, NANDYAL DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, ATMAKUR DIVISION, ATMAKUR, NANDYAL DISTRICT. 5.THE TAHSILDAR, MIDTHUR MANDAL, NANDYAL DISTRICT. ERSTWHILE KURNOOL DISTRICT. 6.BOYA NAGANNA, S/O.THIRUPALU, AGED ABOUT 47 YEARS, OCC. CULTIVATION, R/0. ROLLAPADU VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRIC
w 2 ...RESPONDENT(S): Counsel for the Petitioner:
1.DAGGUBATI RAMASWAMY REDDY Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
ORAL ORDER: Heard Sri D. Ramaswamy Reddy,
learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue.
2.
Learned Counsel for the Writ Petitioner submits that the Writ Petitioner filed the Revision Petition challenging the Order passed by the Joint Collector (Respondent No.3) dated 13.12.2024 (Ex.P2). Learned Counsel for the Writ Petitioner would submit that, along with the Revision Petition, the Writ Petitioner has filed an Application seeking Stay of the Order passed by the Joint Collector dated 13.12.2024. It is the grievance of the Writ Petitioner that the Revisionary Authority namely the Commissioner of Appeals (Respondent No.2) has neither numbered the Revision and the Interlocutory Application nor had passed any Interim Order. The Writ Petitioner apprehends that the directions given by the Joint Collector in his Order dated 13.12.2024 are likely to be implemented to the detriment of the Writ Petitioner.
3. The Order passed by the Joint Collector (Respondent No.3) dated 13.12.2024 (Ex.P2) would indicate that the Assignment granted in favor of the Writ Petitioner is held to be invalid. Consequently, the Joint Collector (Respondent No.3) had directed the Official Respondents to resume the land.
4.
5. Having regard to the above contents, there shall be a direction to the Respondent No.2 namely the Commissioner of Appeals to number the
3 Interlocutory Application as well as the Revision Petition within a period of one week. There shall be a further direction to Respondent No.2 to consider the Interlocutory Application on merit and pass a Speaking Order within a period of four weeks thereafter and communicate a copy of such Order to all the interested parties.
6. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing the advance Notice to all parties including the Writ Petitioner and Unofficial Respondent No.6 herein, consider their submissions/objections and documents, if any, before passing the speaking order.
7. There shall be a direction to all the parties to maintain Status-quo obtaining as on today, until the Interlocutory Application filed by the Writ Petitioner herein is finally disposed of by speaking order.
8. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
9. Interlocutory Applications, if any, stand closed in terms of this order.
SDI- B.PRASAD RAO ASSISTAf^^EGiSTRAR STofficer //TRUE COPY// To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The Commissioner of Appeals, Government of Andhra Pradesh, Mangalagiri, Guntur District.
3. The Joint Collector and Additional District Magistrate, Nandyal, Nandyal District.
4. The Revenue Divisional Officer, Atmakur Division, Atmakur, Nandyal District.
5. The Tahsildar, Midthur Mandal, Nandyal District. Erstwhile Kurnool District.
6. One CC to Sri Daggubati Ramaswamy Reddy, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. ssb r
HIGH COURT DATED:28/01/2025
ORDER WP.No.1914 of 2025 6?ANDH^ X H FEB 2125 CO ^ Current becuon DISPOSING OF THE W.P. WITHOUT COSTS