APHC010415252016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Fifteenth Day of October Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 10339 of 2016 Between: Md. Kaleemullah, S/o. Ajeemullah ...Petitioner and Union of India and others ...Respondents Counsel for the petitioner: 1. M.V. Hanumantha Rao Counsel for the respondents: 1. G.P. for Forests 2. G.P. for Revenue 3. Somisetty Ganesh Babu S.C. for V.M.R.D.A. and M.U.D.A. 4. P.Jagadish Chandra Prasad (S.C. for V.U.D.A.) The Court made the following: 2 W.P.No.10339 of 2016 ORDER: The writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue writ or direction preferably writ of Mandamus, declaring the action of the respondent Nos.7 and 10 in not disposing the petition dated: 05.05.1972 submitted by father of petitioner despite repeated requests as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to settle the issue by disposing of the application by issuing ryotwari patta to the petitioner in respect of the land to an extent of Ac.44.84 cents in Sy.No.37 situated at Kommadi Village, Chinnagadili Rural Mandal, Visakhapatnam District and pass…” 2. The case of the petitioner is briefly stated as follows: The father of the petitioner by name Md. Ajeemullah, along with some others, submitted a representation dated 05.05.1972 to the Forest Settlement Officer, Srikakulam, Srikakulam District / respondent No.7 for settlement of the land to an extent of Ac.44.84 cents in Sy.No.7 situated at Kommadi Village, Chinnagadili Rural Mandal, Visakhapatnam District, but the same is kept pending for years. The persons who made similar requests filed a writ petition No.22134 of 2014 before the erstwhile High Court of Andhra Pradesh in respect of land to an extent of Ac.206.87 cents in Sy.Nos.30, 31, 32, 141 and 142 situated at Kommadi Village, Chinnagadili Rural Mandal, Visakhapatnam District. On 10.12.2014, the writ petition was disposed directing the Joint Collector, Visakhapatnam District, though he was not made a party, since he is the concerned authority before whom the matter was pending, to conduct enquiry under Section 11(a) of the 3 W.P.No.10339 of 2016 Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, and to pass appropriate orders within three months from the date of filing of the application by the petitioners, to record their names in the place of the original petitioner. In view of the pendency of the aforesaid representation, third parties are encroaching the land of the petitioner and meddling with the property. Hence, this writ petition is filed. 3. The learned Assistant Government Pleader for Forests placed on record the written instructions of the respondent No.8, vide Rc.No.11/2017/FSO/dt.18.08.2025 addressed to the Government Pleader for Revenue and the Government Pleader for Forests. The crux of the instructions reads as follows: “…As per the directions of the Hon'ble High Court of Andhra Pradesh in W.P.No.22134 of 2014, the then Forest Settlement Officer, Visakhapatnam has submitted Original petition of Sri.P.Veerabhara Rao, dt.03.05.1972 and along with original estate "A" Register (which was received from the Collectorate, Srikakulam) and submitted to the Hon'ble Settlement Officer & Joint Collector, Visakhapatnam for taking necessary action as per the provision of E.A. Act, 1948 vide this office Rc.No.7/2014/FSW/dt.21.01.2015 and further the remaining balance Original petition i.e., the petition of Sri.Md.Ajeemullah (father of the present petitioner i.e., Sri.Md. Kaleemullah) and 09 others Original petitions (which was received from the Collectorate, Srikakulam) vide this office Rc.No.7/2015/FSO, dt. 18.04.2015 have also submitted to the Settlement Officer & Joint Collector, Visakhapatnam duly acknowledge (copy enclosed). 4 W.P.No.10339 of 2016 Further, it is submitted that Sri.Md.Ajeemullah (father of the writ petitioner) might have been filed his petition / claim under Sec.11(a) of E.A. Act, 1948 before the Settlement Officer only but not before the Forest Settlement Officer as there is no jurisdiction to the Forest Settlement Officer to entertain the claims for change of classification under section 11(a) of Estate Abolition Act, 1948. After abolishing the posts of Settlement Officers, the powers vested to Settlement Officers have been delegated to the Joint Collectors…” 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Forests. The Joint Collector-cum- Settlement Officer, Visakhapatnam / respondent No.10 appeared through video conference and submitted that the relevant record was submitted to the Commissioner of Appeals since one of the connected case is under appeal and that necessary steps would be taken to get the record for disposal of the petition of Md.Ajeemullah as expeditiously as possible. 5. Since the petitioner has not been made a party in the place of his father to represent him, the learned counsel for the petitioner sought permission to file a formal application in this regard after receipt of notice of enquiry from the respondent No.10. 6. In reply, the learned Assistant Government Pleader for Revenue, representing the respondent No.10, submitted that an order similar to the one passed in W.P.No.22134 of 2014 may be passed enabling the petitioner to submit a formal application, whereupon the petition shall be disposed by the respondent No.10 within the time stipulated by this Court. 5 W.P.No.10339 of 2016 7. In the light of the submissions on both sides, without going into the merits of the matter, this writ petition is disposed of directing the petitioner to file an appropriate application before the respondent No.10 to come on record representing his father and thereupon the respondent No.10 shall pass appropriate order within three (3) months. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ___________________ B. S. BHANUMATHI, J Dt.15.10.2025 NSM 6 W.P.No.10339 of 2016 148 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 10339 of 2016 Dt.15.10.2025 NSM