Sri Sagili Ashok Kumar, v. THE STATE OF ANDHRA PRADESH
WP/26909/2025 · 2025-12-03
D Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52423 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52423 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010517492025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26909/2025 Between:
1. SRI SAGILI ASHOK KUMAR,, S/O SHIVARAMI REDDY AGED ABOUT 37 YEARS, OCC BUSINESS, R/O PABBAPURAM VILLAGE, CK DINNE MANDAL. 2. MRS. NETAPALLI LAKSHMIDEVI,, W/O YOGANJANAYA REDDY, AGED ABOUT 72 YEARS, OCC HOUSE WIFE , R/O PULIVENDULA VILLAGE AND MANDAL. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPL. CHIEF SECRETARY, REVENUE DEPARTMENT. 2. THE TAHSILDHAR, CK DINNE MANDAL. YSR KADAPA DISTRICT. 3. THE VILLAGE REVENUE OFFICER, PABBAPURAM VILLAGE, CK DHINNE MANDAL, YSR KADAPA DISTRICT. 4. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 5.
THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION, YSR KADAPA 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
-2- W.P. No.26909 OF 2025 Date of order:04.12.2025
pleased tomay be pleased to issue an order, direction, writ, more particularly in the nature of Writ of Mandamus and/or quo warran to declaring the action of Respondent No.2 in issuing notice bearing No.B/786/2025 dated 08.09.2025 to the Petitioners as being illegal, arbitrary, highhanded, in violation of the principles of natural justice, in violation of the rights guaranteed to the Petitioner under Part-Ill and Article 300A of the Constitution of India, and with a consequent prayer to set aside the notice bearing No.B/786/2025 dated 08.09.2025 issued by the Respondent No.2 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 Respondent Nos.2 to 5 not to interfere with the possession, ownership and enjoyment of the Petitioners over he subject properties admeasuring Ac..2-25 cents in Sy.No.67 and Ac.3-00 cents m Sy.No.69 situated at Pabbapuram Village, CK Dinne Mandal Kadapa District and pass such IA NO: 2 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 stay all further proceedings in Ref.No.B/786/2025 communicated through Notices, 08.09.2025 for the revenue entries in land to the extent of .situated atAc.2-25 cents in Sy.No.67 and A.c.3-00 cents in Sy.No.69 Pabbapuram Village, CK Dinne Mandal, YSR Kadapa District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner(S):
1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S):
1.
GP FOR REVENUE The Court made the following:
-3- W.P. No.26909 OF 2025 Date of order:04.12.2025
THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION No:26909 OF 2025 ORDER:
1. This Writ Petition is filed aggrieved by the notice dated 08.09.2025 issued by the 2nd respondent. 2. This Court, while considering the material placed before this Court, on 06.10.2025 granted interim suspension of the impugned notice. 3. The main contention of the petitioner is that, subsequent to the enactment of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, the case of the petitioner was duly considered under Section 4(1) of the said Act, and a patta was thereafter issued. The name of the petitioner was also mutated in the revenue records and the petitioners have been in continuous possession of the subject property. It is further submitted that the respondents have issued the impugned notice without citing any provision of law and that such action is beyond the jurisdiction of the 2nd respondent. 4. In reply, the learned Government Pleader for Revenue appearing for the respondents, on instructions, submitted that during the field verification, it came to the notice of the authorities that the petitioner has encroached upon certain communal lands. Therefore, the impugned notice was issued only to verify the records and conduct an enquiry based on the field inspection. -4- W.P. No.26909 OF 2025 Date of order:04.12.2025
5. Considering the submissions made, this Writ Petition is disposed of, granting liberty to the petitioner to submit an explanation to the notice dated 08.09.2025 along with all relevant records within two weeks. Upon receipt of such explanation, the 2nd respondent shall conduct an enquiry by providing an opportunity of hearing to the petitioner and thereafter pass appropriate orders in accordance with law. Till passing the final orders, the respondents are directed not to interfere with the possession or dispossess the petitioner from the subject property. No costs. 6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________ JUSTICE D.RAMESH BV