APHC010706152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36235/2025 Between: 1. AJJE VARADAPPA, S/O ALLAPPA. AGED ABOUT 60 YEARS, OCC SARPANCH, R/O 118-118, NAGANATHANA HALLI, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS. SPECIAL CHIEF SECRETARY TO GOVERNMENT REVENUE (LANDS IV) DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI- 522238 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT - 522503 3. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL - 518002 ...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 or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare 1st Respondents Government Crder Rt. No.1503, dated 27/11/2025 as illegal, arbitrary, pre- determined and unconstitutional and consequently set-aside the 1 Respondents Government Order Rt. No. 1503, Revenue (Lands-IV) Department dated 27/11/2025 and be pleased to pass -2- W.P. No.36235 OF 2025 Date of order:29.12.2025 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 pleased to stay all further proceeding in furtherance of 1 Government Order Rt. No.1503, Revenue (Lands-IV) Department dated 27/11/2025 and be pleased to pass Counsel for the Petitioner: 1. DHANUNJAYA BARU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.36235 OF 2025 Date of order:29.12.2025 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION No.36235 OF 2025 ORDER: 1. The writ petition is filed declaring the G.O.Rt.No.1503 Revenue (Lands.IV) Department, dt.27.11.2025 is contrary to the Rules more specifically Rule 3 of the Andhra Pradesh District (Formation) Rules 1984 [for short „the Rules, 1984’]. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for Revenue appearing for respondents. 3. The learned counsel appearing for the petitioner has submitted that in fact, in the impugned G.O., the Government has already decided for bifurcation of Adoni Mandal into two Mandals, Adoni Revenue Division, Kurnool District, for better administration of the areas concerned. The said action is contrary to Rule 3 of the Rules 1984. For better appreciation, Rule 3 is as follows: “(3) In matters concerning sub-section (1) or sub-section (2) of Section 3 of the Acts the Collector concerned shall forward to the Government his report with his views together with the record of enquiry if any for the consideration of the Government. If after such consideration the Government so decides, a preliminary notification under sub-section(5) of Section 3 of the Act inviting objections or suggestions to the proposals from the persons residing in the area/ areas which are likely to be affected thereby, shall be issued.” -4- W.P. No.36235 OF 2025 Date of order:29.12.2025 4. On a perusal of the above Rule, it contemplates a report from the District Collector and consequent on receipt of the report from the District Collector, the Government so desires and decides for bifurcation, a preliminary notification under sub-Section (5) of Section 3 of the Act, inviting objections or suggestions to the proposals from the persons residing in the area/ areas which are likely to be affected thereby, would be issued. But, in the instant case, on a perusal of the G.O.Rt.No.1503, Revenue (Lands-IV) Department, dt.27.11.2025, the Government has not referred any report of the District Collector. 5. Replying to the said contentions, the learned Government Pleader for Revenue appearing for the Respondents has submitted that the impugned G.O., is only a preliminary notification as per the Rules, 1984. Rule 4 specifically provides publication of preliminary notification inviting objections/ suggestions. Even in the instant case, the Government issued G.O., calling objections and suggestions and in fact, the petitioner has also submitted his objections/ suggestions. Hence, without waiting for the final notification under Section 5 of the Andhra Pradesh Districts (Formation) Act, 1974, the petitioner has approached this Court and as such, the writ petition itself is premature. 6. Considering the submissions made by both the learned counsel, though the contention of the petitioner is that the report of the Collector is mandatory as per Rule 3 and the same is silent in the G.O., but for the reasons, the impugned G.O. was issued under Section 4 of the Act -5- W.P. No.36235 OF 2025 Date of order:29.12.2025 inviting objections/suggestions. In the instant case, as the petitioner has already availed remedy and also submitted his objections, this Court is not inclined to go into the merits of the case, while deciding the issue further. The respondents are directed to consider the objections filed by the petitioner and take appropriate decision. 7. Accordingly, the writ petition is disposed of. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition stands closed. __________________ JUSTICE D.RAMESH BV