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2025 DAILYLAW 54699 (AP)

NIMMADALA CHIRANJEEVI v. THE STATE OF AP

WP/24189/2024 · 2025-11-04

Challa Gunaranjan, Dhiraj Singh Thakur

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010065902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 34 of 2024 along with W.P.No.24189 of 2024 Bench Sr.Nos:- 11 & 12 [3552] W.P.(PIL) No.34 of 2024: Ponnada Raju and others ...Petitioners Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioners : Mr. Thandava Yogesh – W.P.(PIL) No.34 of 2024 Mr. P. Nanilu Naidu – W.P.No.24189 of 2024 Advocates for Respondents : GP for Panchayat Raj & Rural Development GP for Revenue Mr. Yarraguntla Koteswara Rao, Standing Counsel for Zilla Praja Parishads, Mandal Praja Parishads and Grama Panchayats Mr. Mangena Sree Rama Rao CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 5th November 2025 P C : The issue that has been highlighted in the present PIL is with regard to the alleged fraudulent sale made by Mr. Nimmadala Srikanth/respondent No.7 in favour of vendees even when no title vested in the said respondent No.7 and the land is stated to be Grama Kantam land, which is to be used by the villagers for community purposes. 2 HCJ & CGRJ W.P.(PIL) No.34 of 2024 & W.P.No.24189 of 2024 2. As a necessary consequence of the allegations so made, it appears that the Tahsildar, Kasimkota, issued a show cause notice, dated 05.08.2024, requiring the petitioners in W.P.No.24189 of 2024 along with other vendees to submit an explanation to show cause as to why the possession certificate obtained fraudulently and the consequent registration deeds executed based on the possession certificate be not cancelled. 3. The said show cause notice, dated 05.08.2024, came to be challenged by the Vendees/petitioners in W.P.No.24189 of 2024 in which the learned single Judge of this Court, on 24.10.2024, had directed the parties to maintain status quo. The said Vendees are stated to be beneficiaries of the sale made by respondent No.7 in W.P.(PIL) No.34 of 2024. 4. The issue is whether the land which was the subject matter of sale by respondent No.7 in W.P.(PIL) No.34 of 2024 was actually Grama Kantam or not. The official authorities claim that it was Grama Kantam land and therefore followed it up with the show cause notice. 5. In our opinion, the authorities were within their right to issue a show cause notice seeking an explanation from the petitioners in W.P.No.24189 of 2024 as to why the possession certificate as also the consequent registration was impermissible. It appears that the petitioners did submit their explanation on which no final order has been passed. 3 HCJ & CGRJ W.P.(PIL) No.34 of 2024 & W.P.No.24189 of 2024 6. Learned counsel for the official respondents, however, states that no such explanation has been received by the authorities concerned i.e. the Tahsildar, Kasimkota and that a fresh explanation be submitted. 7. Be that as it may, we allow the Tahsildar, Kasimkota, to proceed further in the matter after seeking the explanation from the petitioners in W.P.No.24189 of 2024, which explanation shall be filed within three (3) weeks from today. Necessary action be taken upon receipt of the explanation if the same does not justify the sale of the land in question in favour of the petitioners in accordance with law. 8. The order of status quo shall remain in force for a period of two (2) months or till such time the Tahsildar passes an order based upon the show cause notice that had been issued, whichever is later. 9. Both the petitions are, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J kbs 4 HCJ & CGRJ W.P.(PIL) No.34 of 2024 & W.P.No.24189 of 2024 83 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN W.P.(PIL) No.34 of 2024 & W.P.No.24189 of 2024 Dt: 05.11.2025 kbs