APHC010709822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36352/2025 Between: 1. B ABDUL SALAM, S/O LATE B.A.WADOOD SAAB AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O. D.NO.16-10-14, TIPPU KHAN STREET, HINDUPUR, SRI SATYA SAI DISTRICT-515201. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 2. THE DISTRICT COLLECTOR, (SRI SATYA SAI DISTRICT) COLLECTORATE, PUTTAPARTHI-515134. 3. THE REVENUE DIVISIONAL OFFICER RDO, PENUKONDA DIVISION, HINDUPUR MANDAL, SRI SATYA SAI DISTRICT-515201. 4. THE TAHSILDAR, HINDUPUR MANDAL, SRI SATYA SAI DISTRICT DISTRICT-515201. ...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 an appropriate Writ, Order or direction, more particularly one in the nature of WRIT OF PROHIBITION to the Respondent Tahsildar, prohibiting him from proceeding further with the Proceedings vide Rc.No.524/2025 pursuant to the Notice dated 17.12.2025 and in interfering with the Petitioner's possession and enjoyment over the land ad-measuring 2 Ac.1.50 Cents situated in RS No.244-1 and 244-1A of Kirikera Village, Hindupur Mandal, Sri Satya Sai District (Land Parcel No.1546) as the same being illegal, arbitrary, wholly without jurisdiction, violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently and quash the Proceedings vide Rc.No.524/2025 including the Notice dated 17.12.2025 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 stay all further proceedings pursuant to the Notice dated 17.12.2025 in Proceedings vide Rc.No.524/2025 and pass IA NO: 2 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 Respondent Authorities not to dispossess the Petitioner from the land ad-measuring Ac.1.50 Cents situated in RS No.244-1 and 244-1A of Kirikera Village, Hindupur Mandal, Sri Satya Sai District (Land Parcel No.1546) and pass Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36352 of 2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief: “…to issue an appropriate Writ, Order or direction, more particularly one in the nature of WRIT OF PROHIBITION to the Respondent Tahsildar, prohibiting him from proceeding further with the Proceedings vide Rc.No.524/2025 pursuant to the Notice dated 17.12.2025 and in interfering with the Petitioner's possession and enjoyment over the land ad-measuring Ac.1.50 Cents situated in RS.No.244-1 and 244-1A of Kirikera Village, Hindupur Mandal, Sri Satya Sai District (Land Parcel No.1546) as the same being illegal, arbitrary, wholly without jurisdiction, violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently and quash the Proceedings vide Rc.No.524/2025 including the Notice dated 17.12.2025 and Pass…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The contention of the petitioner is that the 4th respondent has no jurisdiction to issue such notice and no provisions of the Act have been mentioned. As per the first part of the notice, it alleges that the subject land is being used for non-agricultural purpose, for which the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 is applicable. The second part of the notice is with regard to the assigned land, stating that it cannot be used for non-agricultural purpose. If that is the case, the authorities have to invoke the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Under the said Act, as mandated by this Court, they have to issue notices under Form-I and II. However, in the instant 4 case, without specifying any provisions, the respondents, more particularly the 4th respondent, have no jurisdiction to initiate any action against the petitioner. 4. Considering the said submissions and also perusal of the notice dated 17.12.2025, this Court is of the opinion that, based on the certain complaints received from the villagers, the 4th respondent is conducting primary/ preliminary enquiry. A perusal of the contents of the notice shows that it has been issued only to get clear particulars. No doubt, while dealing with the complaints, the authorities have to conduct a preliminary enquiry before coming to any conclusion. While conducting a preliminary enquiry, there is no need to initiate proceedings, as the notice is only for the purpose of preliminary enquiry. This Court is not inclined to entertain the writ petition under Article 226 of the Constitution of India. 5. Accordingly, the Writ Petition is dismissed. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Dt.30.12.2025 Pmk 5 150 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36352/2025 Dt.30.12.2025 Pmk