IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3323 OF 2020/^ Between: 1. Bonthu Bikshalu (Died) (as per LRs P2 to P6), S/o Narasaiah Aged about 80 years, Resident of D.No 15-94/A, Indira Colony Bodapadu village, Vijayawada Rural -15, Krishna District. 2. Bonthu Chandrasekhar, Aged about 54 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 3. Bonthu Narasimha Rao, Aged about 52 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 4. Bonthu Venkateswara Rao, Aged about 48 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 5. Dagani Amruthamma, Aged about 56 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15,Krishna District. 6. Gunja Sujatha, Aged about 50 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15,Krishna District. Petitioner Nos.2 to 6 are brought on record as L.Rs of the deceased sole writ petitioner as per the Court's order in I.A.No. 01 of 2024. ...PETITIONERS AND 1. State of Andhra Pradesh, Represented by its Principal Sectary Department of Revenue Velagapudi Amaravathi, Guntur 2. The District Collector, Krishna District, Machilipatnam 3. The Tahsildar, Vijayawada Rural Mandal, Krishna District ...RESPONDENTS t Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to direct the Respondents not to cut and pull down the mango trees in an extent of Ac 1.03 cents in R.S.No 55/1B2 and not to interfere with the peaceful possession of the Petitioner in trying to cut and pull down the Mango Trees in an extent of Ac 1.03 cents in R.S.No 55/ 1B2 and trying to evict him, till the final disposal of this Writ Petition, in the interests of justice and equity. lA NO: 1 OF 2020 Petition under Section 151 CPC is filed 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 the impugned notice, vide Rc.A/771/2019, dated 19.12.2019, issued by the 3rdRespondent to an extent of Ac 0.45 cefits in R.S.No.43/P of Kothuru Village, till the final disposal of this Wrir Petition, in the interests of justice and equity. lA NO: 1 OF 2021 Between: 1. State of Andhra Pradesh, Represented by its Principal Sectary Department of Revenue Velagapudi Amaravathi, Guntur 2. The District Collector, Krishna District, Machilipatnam 3. The Tahsildar, Vijayawada Rural Mandal, Krishna District ...PETITIONERS/RESPONDENTS AND 1. Bonthu Bikshalu (Died) (as per LRs P2 to P6), S/o Narasaiah Aged about 80 years. Resident of D.No 15-94/A, Indira Colony Bodapadu village, Vijayawada Rural -15, Krishna District. 2. Bonthu Chandrasekhar, Aged about 54 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 3. Bonthu Narasimha Rao, Aged about 52 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 4. Bonthu Venkateswara Rao, Aged about 48 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15, Krishna District. 5. Dagani Amruthamma, Aged about 56 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15,Krishna District. 6. Gunja Sujatha, Aged about 50 years, R/o D.no. 15-94/A, Indira Colony Bodapadu Village, Vijayawada, Rural-15,Krishna District. Petitioner Nos.2 to 6 are brought on record as L.Rs of the deceased sole writ petitioner as per the Court's order in I.A.No. 01 of 2024. ...RESPONDENTS/PETITIONERS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted 12.02.2020 in W.P.No. 3323 of 2020. on Counsel for the Petitioner: SRI T V P SAI VIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010056342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3323/2020 Between: Bonthu Bikshalu(died) and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.T VP SAI VIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Challenging the action of the respondents in interfering with the possession of the petitioners’ writ schedule property without issuing any notice and without following due process of law, the petitioners has approached this Court by way of the present writ petition. 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 5 3. The 3 respondent has filed counter-affidavit stating that the petitioner was the assignee of the subject land. However, since the subject in possession of one Sri Gampa Sambaiah notice in - I & II were issued to the petitioner for resumption of the land in terms of Rule 3 of the Andhra Transfers) Rules, 2007 Pradesh Assigned Lands (Prohibition of was passed on 25.11.2011 ■ In view of the cannot contend that the action of the the order of resumption after giving due opportunity to the petitioner Stated that the petitioner same, it is respondents IS without recourse to law. 4. In reply, the learned assignment was granted subject to the counsel for the petitioner contends that the payment of the amount fixed by the 2 of the assignment, dated authorities as per the condition that view of the matter 12.08.1980. In cannot resume the land for the respondents alleged violation of conditions of the assignment. any 5. Considered the rival submissions. Since resumption was passed in 2011 and the petitioner did against the said order, the proceedings is not maintainable the order of the not file any appeal the light of the said this Court is not present writ petition in In that view of the matter inclined to issue Mandamus is granted to the petitioner to file weeks from the date of such period, concerned to the respondents. Be that as it may. Liberty an appeal within a period of two (02) receipt of the order. If such an appeal is filed within appeal as filed within time authority shall treat the -N 3 and dispose of the same in accordance with law, after giving due opportunity to the petitioner not later than four (04) weeks from the filing of such appeal. While admitting the writ petition date of this Court vide order dated 12.02.2020 directed the respondents not to dispossess the petitioner from the subject land. The said interim order shall be continued till the disposal of the appeal by the Revenue Divisional Officer 6. With the above observation, the Writ Petition is disposed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. SD/- K. KASIRAO ACHARi ASSISTANT REGISTRAR I //TRUE COPY// <^Tf01^FFICER SE To. 1. The Principal Sectary, Amaravathi, Guntur District. 2. The District Collector, Krishna District, Machilipatnam 3. The Tahsildar, Vijayawada Rural Mandal, Krishna District 4. One CC to Sri T V P Sai Vihari Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra 6. Three CD Copies Department of Revenue, Velagapudi, Pradesh. [OUT] TF HIGH COURT DATED:20/01/2025 ORDER amdh^ X 11, FEB 2025 ^ . Curreni Seciion WP.No.3323 of 2020 -e CO, DISPOSING OF THE W.P., WITHOUT COSTS