APHC010093682025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5056/2025 Between: 1. N A MUNAF, S/O. N.A. RASHEED, AGED ABOUT 38 YEARS. LABOUR, D.NO.4 NAGALADINNE VILLAGE, NANDAVARAM MANDAL KURNOOL DISTRICT. 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 4. THETAHSILDAR, NANDAVARAM, KURNOOL DISTRICT. 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF M in issuing impugned proceedings dated 29 cancelling possession certificate dated 20 respect of house site in Sy.No. 88 to an extent of three (3) cent Nagaladinne Village, Nandavaram Mandal, Kurnool District, as illegal, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5056/2025 N A MUNAF, S/O. N.A. RASHEED, AGED ABOUT 38 YEARS. LABOUR, D.NO.4-103, NEAR ANJANEYA SWAMY TEMPLE, NAGALADINNE VILLAGE, NANDAVARAM MANDAL KURNOOL ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL THETAHSILDAR, NANDAVARAM, KURNOOL 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the 4th respondent in issuing impugned proceedings dated 29-10-2022 in Rc.C. 278/2022, cancelling possession certificate dated 20-05-2022 in Rc.C. 278/2022 in respect of house site in Sy.No. 88 to an extent of three (3) cent Nagaladinne Village, Nandavaram Mandal, Kurnool District, as illegal, IN THE HIGH COURT OF ANDHRA PRADESH [3233] FOURTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN N A MUNAF, S/O. N.A. RASHEED, AGED ABOUT 38 YEARS. 103, NEAR ANJANEYA SWAMY TEMPLE, NAGALADINNE VILLAGE, NANDAVARAM MANDAL KURNOOL ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL THETAHSILDAR, NANDAVARAM, KURNOOL 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 topleased to issue a writ, order or direction more particularly one in ANDAMUS, declaring action of the 4th respondent 2022 in Rc.C. 278/2022, 2022 in Rc.C. 278/2022 in respect of house site in Sy.No. 88 to an extent of three (3) cents situated at Nagaladinne Village, Nandavaram Mandal, Kurnool District, as illegal, 2 BKM,J W.P.No.5056 of 2025 arbitrary, unjust. Is one without jurisdiction, violative of principles of natural justice and violative of Art. 14, 21 and 300-A of the Constitution of India and consequently SET ASIDE the impugned proceedings dated 29-10-2022 in Rc.C. 278/2022 issued by the 4th respondent and further direct the respondents not to interfere with the possession of petitioner in respect of the above said site Sy.No. 88 to an extent of three (3) cents situated at Nagaladinne Village, Nandavaram Mandal, Kurnool District and pass 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 pleased to the DIRECT the respondents not to dispossess the petitioner from his house site in Sy.No. 88 to an extent of three (3) cents situated at Nagaladinne Village, Nandavaram Mandal, Kurnool District, pending disposal of above writ petition and pass Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5056 of 2025 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the 4th respondent in issuing the impugned proceedings dated 29.10.2022 in Rc.C.No.278/2022, cancelling the possession certificate dated 20.05.2022 in Rc.No278/2022 in respect of the house site to an extent of Ac.0.03 cents in survey No.88 at Nagaladinne Village, Nandavaram Mandal, Kurnool District. 3. The learned counsel for the petitioner submits that the impugned proceedings of the 4th respondent dated 29.10.2022 is without notice and in spite of pendency of the suit in O.S.No.289 of 2022 on the file of Junior Civil Judge, Yemmiganur, with respect to the subject land and injunction orders in I.A.No.625 of 2022 in O.S.No.289 of 2022 on the file of the said Court dated 04.11.2022 against one Mr. Pratap Ramu, who is the defendant therein and who is not a party to this Writ Petition. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the written instructions of the 4th respondent dated 13.10.2025 submits that since, the petitioner violated the conditions of issuance of possession certificate dated 20.05.2022, on receipt of complaint from one Mr. Pratap Ramu, son of Late Pratap Narasimhaiah Setty, who raised grievance in spandana program for encroachment of site in survey No.88/B to an extent of Ac.0.03 cents by the petitioner and after 4 BKM,J W.P.No.5056 of 2025 issuance of notice dated 09.06.2022 to conduct enquiry by the 4th respondent and upon submission of the reply by the petitioner through his advocate on 18.06.2022, the above said impugned proceedings dated 29.10.2022 were passed by the 4th respondent. The impugned order of the 4th respondent clearly says that the appellant therein/petitioner herein violated the conditions of issuance of possession certificate and as such, the same was cancelled as per B.S.O.15 & G.O.Ms.No.1137, Revenue Department, dated 04.09.1963. 5. In view of the above said facts and circumstances, as there is an appeal provision under the Board Standing Order, the petitioner is permitted to avail the said remedy to assail the proceedings of the 4th respondent dated 29.10.2022, if so aggrieved and if so advised. 6. Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. The written instructions of the 4th respondent dated 13.10.2025 shall be made as part of the Court record. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 14.10.2025 MDP