IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5521 OF 2025 Between: Srirama Sankar Rao, S/o. Shambaiah, Aged 58 years, Occ. RTC Driver, Kattubadivaripalem Village, Kondapi Mandal, Prakasam District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Dept, A.P, Secretariat, Velagapudi -522503, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Tahasildar, Kondapi, Kondapi Village and Mandal, Prakasam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Order or Direction particularly one in the nature of Writ of Mandamus to declare the impugned endorsement issued by the respondent no.3 without considering the long standing position and enjoyment of the petitioner's grandmother and her predecessors followed by the documentary evidence submitted by the petitioner is highly illegal, arbitrary, unconstitutional and violation of Article 300-A of Constitution of India, and consequently set aside the impugned endorsement dt. 18-02-2025 vide its RC.DT/32/2025. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the praying High Court may be pleased to suspend the impugned endorsement dt. 18- 02-2025 vide its RC.DT/32/2025 pending finalization of the main writ petition. Counsel for the Petitioner :SRl. VENKATESWARLU SANISETTY Counsel for the Respondent No’s. 1 to 3: GP FOR REVENUE The Court made the following ORDER: APHC010110462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Si'0 [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5521/2025 Between: Srirama Sankar Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5521/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned endorsement issued by the respondent No. 3 without considering the long standing position and enjoyment of the petitioner’s grandmother and her predecessors followed by the documentary evidence submitted by the petitioner is highly illegal, arbitrary, unconstitutional and violation of Article 300-A of Constitution of India and consequently set aside the impugned endorsement datedi8.02.2025 vide its RC.DT/32/2025 and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of 435 square yards in survey No.489 of Kattubadipalem Village, Kondapi Mandal, Prakasam District, having acquired the same through a registered gift settlement deed said to have been executed by his grandmother. Pursuant to the acquisition of the title by the petitioner, the petitioner is trying to make construction. Then, the petitioner was issued notice dated 04.02.2025 informing him that the subject land is situated in survey No.490 even though the document executed by the his grandmother 3 states that the subject land is in survey No.489 and called for explanation. Accordingly, the petitioner submitted detailed explanation on 10.02.2025. Without considering the explanation of the petitioner, the 3'"'^ respondent passed an order on 18.02.2025 directing the petitioner not to make any construction and requesting the District Collector, Prakasam to take necessary steps for cancellation of the subject title deed executed in favour of the petitioner, is contrary to the principles of natural justice and also principle of fair and reasonableness. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents submitted written instructions dated 04.03.2025 issued by the 3'^'^ respondent, wherein it is stated that the possession certificate said to have been issued by the VRO is in respect of land situated in survey No.490 by noting as survey No.489. Therefore, the title deed/registered gift deed executed among the family members should be liable to be cancelled, since the petitioner is trying to encroach the Government land on the guise of subject gift deed. 5. Having regard to the submissions made by the learned counsel for the petitioner and the written instructions submitted by the learned Government Pleader and on perusal of the material placed on record, it is observed from the instructions and from the orders of the respondent dated 18.02.2025 that the respondents issued notice dated 04.02.2025 and after receipt of the explanation submitted by the petitioner, without considering the said explanation, the respondents issued impugned proceedings dated 18.02.2025, which is contrary to the principles of natural justice and also principle of fair and reasonableness. 6. 6. In view of the same, the respondents are hereby directed to consider the explanation submitted by the petitioner dated 10.02.2025 pursuant to the notice issued by the 3'^'^ respondent dated 04.02.2205 and pass appropriate orders in accordance with law. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property of the petitioner situated in survey No.489 of Kattubadipalem Village, Kondapi Mandal, Prakasam District. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue Dept, State of Andhra Pradesh, A.P, Secretariat, Velagapudi -522503, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Tahasildar, Kondapi, Kondapi Village and Mandal, Prakasam District. 4. OneCCto SRI. VENKATESWARLU SANISETTY, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies PRK HIGH COURT DATED:10/03/2025 ORDER WP.No.5521 of 2025 = 0 2 APR 2025 ^ . CumnI Secllon DISPOSING OF THE W.P. WITHOUT COSTS