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2025 DAILYLAW 56404 (AP)

GOTIKE RAJESWARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/34080/2025 · 2025-12-07

D Ramesh

body2025

Judgment text

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APHC010655802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34080/2025 Between: 1. GOTIKE RAJESWARA REDDY, S/O LATE SAMBASIVA REDDY AGED ABOUT 74 YEARS, HINDU, OCCAGRICULTURIST, R/O H.NO.1-86 PAPINENIPALLI VILLAGE, ARDAVEEDU MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT 3. 3. THE SUBCOLLECTOR, MARKAPUR, PRAKASAM DISTRICT 4. 4. THE TAHSILDAR, ARDAVEEDU MANDAL, PRAKASAM DISTRICT 5. 5. THE MANDAL REVENUE INSPECTOR, ARDAVEEDU MANDAL, PRAKASAM 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 the inaction of the respondent, not take up the stay petition filed in appeal No.585 of 2025 filed by the petitioner against the 4TH respondents resumption order dated. 17- 07-2025 in Rc.No.B/44/2025 as illegal, arbitrary and violation of principles of natural justice and contrary to the provisions under the AP POT Act and consequently to suspend operation of the 4 respondents resumption order dated. 17.07.2025 Rc.No.B/44/2025 in so for the petitioners land an extent of -2- W.P.No.34080 OF 2025 Date of order:08.12.2025 Ac 1.81 cents in Sy. No.53/1A situated in Papinenipalli Revenue Village, Ardaveedu Mandal, Prakasam District, till disposal of the Appeal.No.585 of 2025 and pass s 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 Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P.No.34080 OF 2025 Date of order:08.12.2025 THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION No.34080 OF 2025 ORDER: 1. The instant writ petition has been filed challenging the inaction of the 3rd respondent in not taking up the stay petition filed by the petitioner in Appeal No.585 of 2025, which was preferred against the order dated 17.07.2025 in Rc.No.B/44/2025 passed by the 4th respondent and seeking interim suspension of the said order. 2. The grievance of the petitioner is that the 4th respondent, Tahsildar, Ardaveedu Mandal, Prakasam District, passed an order dated 17.07.2025 against the petitioner and others alleging violation of the conditions under sub-Sections (1) and (2) of Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and consequently directed the 5th respondent, Mandal Revenue Inspector, to take possession of the land. Aggrieved by the said order, the petitioner preferred a statutory appeal before the 3rdrespondent on 25.07.2025. However, despite the repeated requests made by the petitioner, the 3rd respondent has not taken up the appeal and the stay application. 3. Upon hearing the submissions and on perusal of the record, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the 3rd respondent to consider Appeal No.585 of 2025 and pass appropriate orders on the stay application within one -4- W.P.No.34080 OF 2025 Date of order:08.12.2025 month from the date of receipt of this order. Till the disposal of the interim stay application, the respondents shall not take any further steps pursuant to the orders dated 17.07.2025. No order as to costs. 4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ JUSTICE D.RAMESH BV