L IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY i TWO THOUSAND AND TWENTY FIVE | PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2878 OF 2025 Between: Rusum Jilani, S/o. Mahaboob, Aged 38 years, Occ: Cultivation, R/o. 9*^ Ward, Kanigiri Village and Mandal Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Joint Collector, Prakasam District at Ongole. 4. The Revenue Divisional Officer, Kanigiri Revenue Division Kaniairi Prakasam District. ’ ’ 5. The Tahsildar, Kanigiri Mandal Prakasam 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 appropriate writ, order or direction more particularly in the nature of writ of Mandamus declaring the action one rd of the 3 respondent in not passing any order in application filed along with the revision on 23-01-2025 and action of the official respondents in trying to dispossess the petitioner from property Admeasuring Ac. 3.60 Cents in Sy No. 846 situated in Kanigiri Village and Mandal, Prakasam District during the pendency of the revision is arbitrary, illegal and in violation of well- settled principles of natural justice and in violation of Article 300A of the Constitution. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings including the dispossession of the petitioner from the subject property Admeasuring Ac 3.60 Cents in Sy No. 846 situated in Kanigiri Village and Mandal, Prakasam District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI GHANTA SRIDHAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010055012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3329] 0KS WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2878/2025 Between; ...PETITIONER ShaikRusumJilani AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GHANTASRIDHAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2878/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue appropriate writ, order or direction more particularly one In the nature of writ of Mandamus declaring the action of the 3 respondent in not passing any order in application filed along with the revision on 23.01.2025 and action of the official respondents in trying to dispossess the petitioner from property Admeasuring Ac. 3.60 Cents in Sy.No.846 situated in Kanigiri Village and Mandal, Prakasam District during the pendency of the revision is arbitrary, illegal and in violation of wellsettled principles of natural justice and in violation of Article 300- A of the Constitution and to pass such other order or orders... rd 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.3.60 cents in Sy.No.846, Kanigiri Revenue Village and Mandal, Prakasam District having purchased the same for a valid sale consideration 19.06.1996. Later, respondent No.5 issued pattadar pass book and title deed in his favour. While so, in the year 2012, respondent No.4 interfered with the peaceful possession and enjoyment of the subject property. Questioning the interference, the petitioner herein filed a writ petition before this Hon’ble Court vide W.P.No.6423 of 2012, wherein, this Hon’ble Court was pleased to pass on an interim order directing the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. While things stood thus, respondent No.5 issued notice in Form-1 through the Village Revenue Officer on 15.02.2022 and the same was received by the petitioner on 16.02.2022. Pursuant to the said notice, the petitioner herein requested respondent No.5 to grant two weeks time for filing objections. But respondent No.5 without considering the said request straight away issued resumption proceedings dated 19.02.2022. Aggrievedby the said proceedings, petitioner herein preferred an Appeal along with an application for grant of stay of proceedings dated 19.02.2022. Pursuant to which, respondent No.4 rejected the application for grant of interim orders in the Appeal and the Appeal itself is reserved for orders. Pending the said Appeal, the respondents again tried to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. For which, petitioner herein again filed W.P. No.28216 of 2024 before this Court and this Hon’ble Court was pleased to dispose of the writ petition vide an order dated 03.12.2024 directing the respondent No.4 to pass final order and also directed the respondents that there shall not be further interference. Pursuant to the said order, respondent No.4 passed final orders dated 10.01.2025 and dismissed the Appeal preferred by the petitioner. Assailing the orders in the Appeal, the petitioner herein filed Revision before respondent No.3 on 23.01.2025 along with an application seeking suspension of the impugned order of respondent No.4. After filing of the application, the respondents interfered with the subject property and erected a board stating that the subject land is a Government land. Even after receipt of the said application, respondent No.3 neither considered the said application nor passed any orders. Aggrieved by the action of the respondents in not passing any orders on the application filed by the petitioner, the petitioner filed the present writ petition. 1 On the other hand, learned Government Pleader for Revenue for the 5. respondents furnished written instructions dated 05.02.2025 submitted by the 3”^^ respondent, wherein, it is stated that the revision petition is at the hearing stage and it will be disposed of within three months by providing reasonable opportunity to the petitioner and other interested parties. Having considered the submissions made by the learned counsel for 6. the petitioner and learned Government Pleader for Revenue for the respondents and in view of the written instructions dated 05.02.2025, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent authorities, more particularly, respondent No.3 to consider and dispose of the revision dated 23.01.2025 filed by the petitioner and pass appropriate orders, after providing opportunity of hearing to all the parties concerned including the petitioner herein, within a period of three (03) months, in accordance with law. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 7. With the above directions, writ petition is disposed of. There shall be order as to costs. no Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGIST^ SECTfW'C5FFICER //TRUE COPY// To ^ to Government, Revenue Department Andhra Pradesh, Secretariat, Velagapudi, Amaravathi 2. The District Collector, Prakasam District at Ongole. 3. The Joint Collector, Prakasam District at Ongole. SakalarSfstn'r'°""' 5. The Tahsildar, Kanigiri Mandal Prakasam District. 6. One CC to Sri Ghanta Sridhar, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Three C.D. Copies. State of , Guntur District. Kanigiri, Pradesh. [OUT] Cnr -ik- HIGH COURT DATED:05/02/2025 ORDER WP.No.2878 of 2025 * 1 mi» f ^ . Current Section . ^ Of DISPOSING OF THE W.P. WITHOUT COSTS