IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11588 OF 2025 Between; N Rajesh, S/o. Naraiah, Aged 37 years, R/o. Anumasamudram Village A.S.Peta Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P Secretariat Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur, Tirupati District. 4. The Mandal Revenue Officer, A.S.Peta Mandal, SPSR Nellore District. . ...Respondents 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 to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of interfering with the possession and enjoyment of the petitioners land admeasuring respondents in an extent of Ac.4.00 Anumasamudram Village, A.S.Peta Mandal, SPSR Nellore District following the due process of law as illegal, arbitrary, violative of Article 21 Cents in Sy.No.779/3 of , without 4 and 300-A of the Constitution of India, Consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of the petitioners land admeasuring an extent of Ac.4.00 Cents in Sy.No.779/3 of Anumasamudram Village, A.S.Peta Mandal, SPSR Nellore District. lA 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 to direct the respondents herein not to interfere with the peaceful possession and enjoyment of the Petitioner’s land admeasuring an extent of Ac. 4.00 Cents in Sy. No. 779/3 of Annasamudram Village, A.S Peta Mandal SPSR Nellore District, pending disposal of the above writ petition. Counsel for the Petitioner; SRI. V VINOD K REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010225492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3329] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11588/2025 Between; N Rajesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VVINOD K REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11588/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: ‘‘to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents in interfering with the possession and enjoyment of the petitioners land admeasuring an extent of Ac. 4.00 Cents in SyNo.779/3 of Anumasamudram Village, A.S.Peta Mandal, SPSR Nellore District without following the due process of law as illegal, arbitrary, violative of Article 21 and 300-A of the Constitution of India; Consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of the petitioner’s land admeasuring an extent of Ac.4.00 Cents in Sy.No.779/3 of Anumasamudram Village, A.S.Peta Mandal, SPSR Nellore District and to pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner has been in possession and enjoyment of the land admeasuring to an extent of Ac.4.00 cents in Sy.No.779/3 of Anumasamudram Village, A.S.Peta Mandal, SPSR Nellore District since thirty years and has been eking out his livelihood by doing agricultural operations. While things stood thus, respondent No.4 issued a notice dated 11.03.2025 to the petitioner, wherein, it is stated that 3. respondent No.5 herein submitted a representation dated 10.03.2025 to respondent No.4 alleging that the subject land had been assigned in favour of the respondent No.5 and thereby requesting respondent No.4 herein to cancel the mutation of the petitioner’s name in respect of the subject land in the revenue records. Pursuant to which, the petitioner herein submitted his explanation on 18.03.2025, requesting the respondent No.4 to furnish all the copies of DKT Patta, assignment proceedings, pattadar pass books etc., submitted by respondent No.5 in support of his claim along with his representation dated 10.03.2025. Accordingly, respondent No.4 furnished a copy of representation submitted by respondent No.5 along with pattadar pass book allegedly issued in favour of respondent No.5. Learned counsel for the petitioner further submits that, on 17.04.2025, respondent No.4 issued another notice calling for an enquiry on 26.04.2025. For which, the petitioner herein submitted a reply dated 26.04.2025, stating that the petitioner was provided with only pattadar pass book allegedly issued to respondent No.5, but, neither DKT Patta nor pattadar pass book provided to the petitioner. Besides which, respondent No.4 lacks jurisdiction and competence to remove the petitioner’s name and mutate the name of respondent No.5 in the revenue records as per Section 5 of the amended Andhra Pradesh (Rights in Land and Pattadar Passbooks) Act, 1971. Aggrieved by the action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law and without jurisdiction, the petitioner herein preferred the present writ petition. 4. were On the other hand, learned Government Pleader for the respondents 5. furnished written instructions dated 29.04.2025, wherein, the relevant portion of the said instructions is extracted hereunder: “Therefore, to know the facts of the case, the 4^'^ respondent herein issued a notice to Singamsetty Rajamannar and also Nalisetty Rajesh vide Rc.B.173/2025, dated 11.03.2025, informing that to attend before the enquiry and submit documents available with them to prove their right and title over the land. Aggrieved this, the writ petitioner approached this Hon’ble Court. If the petitioner is having valid documents with him to provide his right and title over the land, he Is having liberty to file such documents before the 4^^ respondent for his relief At present the land is waste on ground. The writ petitioner without having any valid reasons and also filing any documents before the Tahsildar, AS Peta in response to the notice issued to him approached this Hon’ble Court.” On perusal of the instructions, it is evident that a notice dated 11.03.2025 has been issued to the petitioner to submit his explanation along with all the required documents. But till date, the petitioner did not submit any explanation to the notice issued by the respondents. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner herein to submit his explanation pursuant to the notice dated 11.03.2025 within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondents are directed to consider the same and pass appropriate orders, within a period of two (02) months. 7. > > \ thereafter, after providing opportunity of hearing to all the parties concerned. In the meanwhile, Status quo obtaining as on today shall be maintained by all the parties concerned, in respect of possession of the subject property. With the above directions, the writ petition is disposed of. there shall be 8. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTI^ //TRUE COPY// (frrd^FFlCER SE To, The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Departmentf^A.P .Secretariat Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur, Tirupati District. 4. The Mandal Revenue Officer, A.S.Peta Mandal, SPSR Nellore District. 5. One CC to Sri. V Vinod K Reddy Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 1. 7. Three CD Copies GSC O’ HIGH COURT DATED:01/05/2025 ORDER WP.No.11588of 2025 DISPOSING THE WP WITHOUT COSTS