Extracted from the PDF above. The PDF is authoritative.
APHC010091332025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4861/2025 Between:
1. SMT.VANNUR BEE, W/O P.PEER SAB, AGE ABOUT 39 YEARS, OCC HOUSE WIFE, R/O H.NO.2-114, NERANIKI VILLAGE, HOLAGUNDHA MANDAL, KURNOOL DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.
2. THE DISTRICT COLLECTOR, , KURNOOL DISTRICT AT KURNOOL.
3. THE REVENUE DIVISIONAL OFFICER, ADONI REVENUE DIVISION AT ADONI, KURNOOL DISTRICT.
4. THE TAHSILDAR, HOLAGUNDA MANDAL AT HOLAGUNDA, KURNOOL DISTRICT.
5. THE NERANIKI GRAM PANCHAYATH, REP. BY ITS SECRETARY, NERANIKI VILLAGE, HOLAGUNDA MANDAL, KURNOOL DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. T BHEEMANNA Counsel for the Respondent(S):
1. GP FOR ASSIGNMENT
The Court made the following:
ORAL ORDER:
Heard Sri T. Bheemanna, learned Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Assignment and Sri S. Hruthvik, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat.
2.
Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Order passed by the Sub-Collector, Adoni, dated 31.01.2025 (Ex.P.2). The said Order indicates that the House Site Patta, which is alleged to have been granted in favour of the Writ Petitioner by the Official Respondents vide Rc.B/258/2024, dated 14.12.2023, is not available in the Revenue Record and that the higher authorities have not granted any approval for issuance of any House Site Patta. It is also stated that there is no resolution made by the Gram Panchayat.
3. It also appears that the Writ Petitioner has submitted an Explanation dated 10.01.2025 (Vide reference No.3 therein) (Ex.P.4) to the effect that the parents of the husband of the Writ Petitioner were in possession and enjoyment of the subject land for the past thirty years and that the Writ Petitioner, along with her husband, is presently running a cycle puncture and mechanic shop and has also undertaken petty business like selling food items for children such as chocolates and biscuits etc., and that presently, there is no chicken centre in the subject land and therefore the Writ Petitioner is not causing any inconvenience to the pilgrims who are visiting the temple.
4. Having considered the Explanation, the Sub-Collector vide Order dated 31.01.2025 (Ex.P.2) has cancelled the House Site Patta.
5.
Learned Counsel for the Petitioner would submit that the Writ Petitioner has filed a Statutory Appeal before the District Collector, Kurnool, on 14.02.2025 (Ex.P.3) and the same is pending.
6. It is the submission of the learned Counsel that during the pendency of the said Appeal, the Official Respondents herein are causing interference with the subject land enjoyed by the Writ Petitioner.
7. Since it is an admitted fact that the Writ Petitioner has now filed Statutory Appeal and the same is pending before the District Collector, this Court deems it appropriate to direct the District Collector, Kurnool (Respondent No.2) to dispose of the Appeal submitted by the Writ Petitioner herein within a period of six weeks from today by passing a Speaking Order in accordance with law and communicate a copy of such Order to the Writ Petitioner forthwith.
8. Needless to state that the District Collector, Kurnool (Respondent No.2) is statutorily obligated to follow the principles of Natural Justice by issuing the advance Notice to the Writ Petitioner and consider his submissions/objections and documents, if any, before passing final Order.
9. Writ Petitioner is directed to submit a copy of this Order to the District Collector, Kurnool (Respondent No.2) within one week from today for effective compliance.
10. Till such time the District Collector passes the final Order, there shall be a direction to all the parties, including the Official Respondents to maintain Status-quo obtaining as on today.
11. It is clarified that this Order of Status-quo shall remain in operation till the final Order passed by the District Collector, Kurnool (Respondent No.2) is communicated to the Writ Petitioner.
12. With these observations and directions, this Writ Petition stands disposed of. No order as to costs.
13. Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 03.04.2025 DSV