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2025 DAILYLAW 58747 (AP)

POLU SAROJA v. THE STATE OF AP

WP/29042/2025 · 2025-11-19

D Ramesh

body2025

Judgment text

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APHC010562422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29042/2025 Between: 1. POLU SAROJA, W/O. RAMAINAIAH, AGED ABOUT 46 YEARS, OCC CULTIVATION, R/O. NANDIGUNTA VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3. REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 4. TAHSILDAR, VINJAMURU MANDAL, SPSR NELLORE 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, 2 to 4, particularly the 4th respondent in issued an endorsement dated 12.06.2025 by rejecting petitioner Application, vide Application No. SMFO12500332804, dated 23.05.2025 submitted through AP Online for issuance of Small and Marginal Farmer 2 certificate in respect to petitioners agricultural landed property admeasuring with an extent of Ac.3.54 Cents covered by survey No. 182/5 situated at Nandigunta village in Vinjamuru Mandal of SPSR Nellore District, without conduction any proper enquiry, without following any known procedure established by law, without assigning any proper and justified reasons and straight away rejected petitioners application and declare the same as highly illegal, arbitrary, un Just and un constitutional, violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the 4th respondent to issue Small and Marginal Farmer certificate in and same was favour of petitioner in connected to said agricultural landed property 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 to suspend the operation of endorsement dated 12.06.2025 issued by the 4th respondent by rejecting my Application, vide Application No. SMFO12500332804, dated 23.05.2025 submitted through AP Online for issuance of Small and Marginal Farmer certificate in respect to my agricultural landed property admeasuring with an extent of Ac.3.54 Cents covered by survey No. 182/5 and same was situated at Nandigunta village in Vinjamuru Mandal of SPSR Nellore District, in the interest of Justice, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of respondents, 2 to 4, particularly the 4th respondent in issued an endorsement dated 12.06.2025 by rejecting petitioner Application, vide Application No.SMFO12500332804, dated 23.05.2025 submitted through AP Online for issuance of Small and Marginal Farmer certificate in respect to petitioners agricultural landed property admeasuring with an extent of Ac.3.54 Cents covered by survey No. 182/5 situated at Nandigunta village in Vinjamuru Mandal of SPSR Nellore District, without conduction any proper enquiry, without following any known procedure established by law, without assigning any proper and justified reasons and straight away rejected petitioners application and declare the same as highly illegal, arbitrary, un Just and un constitutional, violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the 4th respondent to issue Small and Marginal Farmer certificate in and same was favour of petitioner in connected to said agricultural landed property and pass...” 2. Heard M/s Muchakayala Narayana, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Initially the petitioner has filed an application through on-line on 23.5.2025 for grant of small and marginal farmer certificate in respect of the agricultural landed property admeasuring Ac.3.54cents in Sy.No.182/5 of Nandigunta Village in Vinjamuru Mandal of SPSR Nellore District. Learned counsel for the petitioner has submitted that 4 basing on the said application, the respondents have rejected vide endorsement dated 12.6.2025 which reads as follows: “Your application dated 23.5.2025 for ISSUE OF SMALL AND MARGINAL FARMER CERTIFICATE was examined. After enquiry your request is not considered due to the following reasons and hence rejected. REASONS: may be reject” 4. On perusal of the above said orders, the respondents have not mentioned any reason for rejection of the said application except by stating that may be reject. 5. In view of the same, it is construed that the impugned endorsement is not passed on any reasons. 6. Accordingly, the impugned endorsement dated 12.6.2025 is set aside remanding the matter to respondent no.4 directing to pass appropriate reasoned order within a period of one (01) month from the date of receipt of a copy of the order. 7. With the above observation, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 20.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29042 of 2025 20.11.2025 RD