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2025 DAILYLAW 5265 (AP)

MEDABALIMI MALAKONDAIAH v. THE STATE OF ANDHRA PRADESH

WP/2466/2025 · 2025-02-11

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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o iV. ''li tr ♦1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAW (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2466 OF 2025 > * o Between: Medabalimi Malakondaiah, S/o. Pothuraju, aged 66 R/o. Onguru Village, Kandukur Mandal, SPSR Nellore District Prakasam District). years, Occ; Cultivation, (Erstwhile ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat, Velagapudi Amaravati Guntur District. 2. The District Collector, SPSR Nellore District. (Erstwhile Prakasam District). 3. The Joint Collector, SPSR Nellore District (Erstwhile Prakasam 4. The Revenue Divisional Officer, Kandukur Revenue Division Nellore District (Erstwhile Prakasam District). 5. The Tahsildar, Kandukur Mandal SPSR Nellore District (Erstwhile Prakasam District). to District). , SPSR ...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 may more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent No. 5 and his subordinates in threatening the petitioner to evict from his agricultural landed property admeasuring Ac.0.54 Cents out of Ac. 1.08 Cents covered by Sy. No. 113/4 of Kandukur Revenue Village and Mandal of S.P.S.R Nellore District of Revision, (Erstwhile Prakasam during pendency Respondent authority 14, 21 and 300-A Respondents interfere with his District) dated 04.11.2024 on the file of "■rational and violative India and 1 as illegal, irregular i of Articles consequently direct the subordinates of the Constitution of particularly Respondent No. 5 and his over petitioner Cents out of Ac. 1.08 Cents Revenue Village and 1'* Respondent authority. not to agricultural landed peaceful possession property admeasuring Ac.0.54 No. 113/4 of Kandukur Revision before the covered by Sy. Mandal during pendency of jA NO: 1 DF Petition under Section stated in the affidavit pleased to 28.06.2021 Respondents 151 CPC praying that in the circumstances ■support Of the petition, the High Court operation of order i filed in suspend the passed by the 5**^ may be Rc.A/61/2021, dated in Respondent and consequently direct the subordinates particularly Respondent 'nterfere with petitioner No. 5 and his possession not to agricultural landed peaceful over his 1-08 Cents r and Mandal during authority pending disposal property admeasuring Ac. No. 113/4 of Kandukur Revision before the petition. 0-54 Cents out of Ac. Revenue Village 1st Respondent covered by Sy: pendency of of main writ Counsel for the Petitioner: Counsel for the Respondent The Court made the ■ nimmagadda REVATHI Nos.1 to 5; SRI K. following; ORDER ARJUN CHOWDARY, AGP FOR REVENUE 1 % APHC010042832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE ELEVENTH DAY OF.FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2466 OF 2025 Between: 1.MEDABALIMI MALAKONDAIAH, S/0. POTHURAJU, YEARS,OCC CULTIVATION, R/0. ONGURU VILLAGE, KANDUKUR MANDAL, SPSR. NELLORE DISTRICT, (ERSTWHILE PRAKASAM DISTRICT). AGED 66 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARY SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. (ERSTWHILE PRAKASAM DISTRICT). 3.THE JOINT COLLECTOR, SPSR NELLORE DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 4.THE REVENUE DIVISIONAL OFFICER, KANDUKUR REVENUE SPSR NELLORE DISTRICT (ERSTWHILE PRAKASAM DIVISION, DISTRICT). 5.THE TAHSILDAR, KANDUKUR MANDAL SPSR NELLORE DISTRICT (ERSTWHILE PRAKASAM DISTRICT). ...RESPONDENT(S): 2 ^4 Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Smt. Nimmagadda Revathi, Learned Counsel for the Writ Petitioner and Sri Arjun Chowdary, Learned Asst. Government Pleader for Revenue. 2. It is the submission of the learned Counsel for the Writ Petitioner that the Writ Petitioner has challenged the Proceedings bearing D.Dis.E7/413/2023, dated: 01.10.2024 (Ex.P.3) passed by the Joint Collector, SPSR Nellore District (Erstwhile Prakasam District) (Respondent No.3) before the Respondent No.1 namely the Government of Andhra Pradesh at Amaravathi (through its Principal Secretary to Revenue Department). Learned Counsel for the Writ Petitioner would submit that the said Revision Petition along with the suspension petition was filed way back on 04.11.2024, whereas the same has not been numbered till date. Learned Counsel for the Writ Petitioner would submit that without considering the Revision Petition, the Official Respondents herein are threatening the Writ Petitioner to illegally evict the Writ Petitioner from the agricultural land. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Revision Petition (Ex.P.4) and the suspension petition. 3. Having considered these aspects, this court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit by directing the Respondent No.1 to number the Revision Petition filed by the Writ Petitioner on 04.11.2024 within a period of two weeks from today and consider the suspension petition filed by the Writ Petitioner and pass a Speaking Order in accordance with law within a further period of four weeks and convey a copy of such order to the Writ Petitioner forthwith. Needless to 3 state that the Respondent No.1 is statutorily obligated to adhere to the Principles of Natural Justice by issuing advance Notice to the Writ Petitioner and other interested parties, consider their submissions/objecti ons and documents, if any, before passing the order in the Stay Petition. The Writ Petitioner is directed to submit a copy of this Order to the Respondent No.1 within one week from today, for effective compliance. 4. There shall be a direction to all the parties to maintain Status quo obtaining as on today until the Stay Petition is finally disposed of by the Respondent No.1. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravati, Guntur District. The District Collector, SPSR Nellore District. (Erstwhile Prakasam District). The Joint Collector, SPSR Nellore District (Erstwhile Prakasam District). The Revenue Divisional Officer, Kandukur Revenue Division, SPSR Nellore District (Erstwhile Prakasam District). The Tahsildar, Kandukur Mandal SPSR Nellore District (Erstwhile Prakasam District). One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. HIGH COURT DATED:11/02/2025 ORDER oF WP.No.2466 of 2025 1 = 2 “i FEB 2025 ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS