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2025 DAILYLAW 48792 (AP)

SHAIK USMAN BASHA v. THE STATE OF ANDHRA PRADESH

WP/23434/2025 · 2025-09-24

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010462222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23434/2025 Between: 1. SHAIK USMAN BASHA, S/O LATE 5. ABDUL RAHIM AGED ABOUT 45 YEARS PRESENTLY RESIDING AT D.NO. 10-98 D.C.STREET, PALAMANER, CHITTOOR DISTRICT. AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. AP 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI. CHITTOOR DISTRICT 4. THE TAHSILDAR, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT ...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 tomay be pleased to issue an appropriate order, direction or more particularly a writ of Mandamus, declaring the action of the respondents in attempting to dispossess the petitioner from the agricultural lands to an extent of Ac.2.75 cents, Ac.1.75 cents, and Ac. 1.76 cents, comprised in Survey Nos. 485/1, 443/1, and 85/5 respectively, situated at Battamdoddi Village, Pedda Panjani Mandal, Chittoor District, during the pendency of the appeal No. 6570 of 2010 before the 3rd respondent, as illegal, arbitrary, contrary to the directions issued in W.P. No. 2948 of 2012 dated 02.09.2015 and W.P. No. 8105 of 2020 dated 27.05.2020, and violative of Articles 14 and 300- A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the said lands pending disposal of the appeal before the 3rd respondent and pass such 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 may be pleased to direct the respondents not to dispossess or in any manner interfere with the petitioner’s possession and enjoyment of the patta land to an extent of Ac.2.75 cents and Ac.1.75 cents in Sy. Nos. 485/1 and 443/1 respectively, and DKT Patta No.405/4/1400 dated 29.06.1991 covering Ac. 1.76 cents in Sy. No. 485/5, situated at Battamdoddi Village, Pedda Panjani Mandal, Chittoor District, pending disposal of the above Writ Petition; and pass such Counsel for the Petitioner: 1. NEELI MANI KANTA Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23434 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue an appropriate order, direction or more particularly a writ of Mandamus, declaring the action of the respondents in attempting to dispossess the petitioner from the agricultural lands to an extent of Ac.2.75 cents, Ac.1.75 cents, and Ac. 1.76 cents, comprised in Survey Nos. 485/1, 443/1, and 85/5 respectively, situated at Battamdoddi Village, Pedda Panjani Mandal, Chittoor District, during the pendency of the appeal No. 6570 of 2010 before the 3rd respondent, as illegal, arbitrary, contrary to the directions issued in W.P. No. 2948 of 2012 dated 02.09.2015 and W.P. No. 8105 of 2020 dated 27.05.2020, and violative of Articles 14 and 300- A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the said lands pending disposal of the appeal before the 3rd respondent and pass…” 2. Heard Sri Neeli Mani Kanta, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4. 3. The petitioner has approached this Court with a prayer for issuance of a direction to the respondents not to dispossess the petitioner from the subject lands, pending disposal of appeal registered as REV.APPEAL No.6570 of 2010 before the 3rd respondent-Revenue Divisional Officer. 4. Learned counsel for petitioner submits that the appellate authority is bound to decide the case in accordance with the law expeditiously. 5. Ergo, this Court directs the 3rd respondent-appellate authority to make an endeavor, or to put to an end, by making all the efforts, in deciding the case with due diligence within a reasonable time for disposal of the appeal on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond two (02) months from date of receipt of a copy this order. 6. Accordingly, the Writ Petition is disposed of. 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: 25.09.2025 TVN 207 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23434 OF 2025 Date: 25.09.2025 TVN