APHC010181522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9226/2026 Between: 1. GANTA LAKSHMI,, W/O VENKATA NAIDU, AGED ABOUT 50 YEARS, OCC HOUSE WIFE, R/O MANTHIPETA, RAJAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532 127. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522537. 2. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM MANYAM-535502. 3. THE REVENUE DIVISIONAL OFFICER SUBCOLLECTOR, PARVATHIPURAM MANYAM, PARVATHIPURAM MANYAM DISTRICT -535502. 4. THE TAHSILDAR, JIYYAMMA VALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT -535502. 5. BELAGAM BALARAMAIAH, S/O LATE APPAYYA, AGED ABOUT 60 YEARS, OCC EX-APSRTC DRIVER (TERMINATED) R/O D.NO.1- 133. SECOND LINE NEAR MASJID SAGAR NAGAR, BHUVANESWARI COLONY VISAKHAPATNAM-530045 ...RESPONDENT(S): 2 BKM,J W.P.No.9226 of 2026 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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned order vide Rc.No.30/2026/SA/26- 3-2026 is illegal, arbitrary and against the provisions of A.P. Assigned Lands (POT) Act, 1977, articles of 14, 19, 21 and 300-A of the Constitution of India, hit by Audi Alteram Partem by setting aside the same and consequently stay of all further proceedings in pursuance to the impugned orders vide Rc.No.30/2026/SA/26-3-2026 and pass such IA NO: 1 OF 2026 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 may be pleased to grant stay of all further proceedings in pursuant to impugned orders Rc.No.30/2026/SA/26-3-2026 pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT 3 BKM,J W.P.No.9226 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2. The issuance of notice to the 5th respondent is dispensed with as no prejudice would cause to him even if it is disposed of in his absence. 3. This writ petition is filed questioning the resumption order passed by the 4th respondent dated 26.03.2026 on the ground that the 5th respondent was originally allotted the subject land by issuing D-patta for an extent of Ac.1.15 cents in Sy.No.48-5 situated in Chintalabelagam Revenue Village, Jiyyammavalasa Mandal. But the said land was encroached by the petitioner’s father. Hence, the complainant sought for resumption of the land to the Government. The enjoyer/the petitioner’s father gave explanation stating that the said land is in possession and enjoyment of his family since generations. Ultimately, basing upon the representation of Sri Belagam Balaramayya, issuance of show-cause notice dated 27.12.2025, explanation of the petitioner’s father and the report of the MRI/MS Jiyyammavalasa and VRO concerned, the 4th respondent issued the impugned order dated 26.03.2026 resuming the subject land to the Government. 4. The learned counsel for the petitioner submits that the petitioner’s family is having long continuation of possession over the subject land and without appreciating the revenue documents in favour of the petitioner, the 4th 4 BKM,J W.P.No.9226 of 2026 respondent vindictively passed the above said resumption order at the behest of the 5th respondent. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the petitioner has got an effective alternative remedy of appeal before the 3rd respondent, which can be preferred within 90 days from the date of receipt of the said order. 6. In view of the above said facts and circumstances, the petitioner is permitted to file an alternative remedy of appeal before the 3rd respondent/Appellate Authority within the limitation period, enclosing all the necessary documents in support of her claim. On receipt of such appeal, the 3rd respondent shall consider and dispose of the same, strictly in accordance with law, by hearing all the parties concerned, including the petitioner, 5th respondent and the complainant, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of five (05) months thereafter. Pending the appeal, there shall be an order of status quo as on today to be maintained with respect to the subject land covered under the impugned order of the 4th respondent dated 26.03.2026. In default of preferring an appeal by the petitioner within the period of limitation, the interim protection granted by this Court stands automatically vacated. 7. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 5 BKM,J W.P.No.9226 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 08.04.2026 PGT