APHC010138532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7504/2026 Between: 1. ADAPA THREEMURTHULU, S/O MANDESWARARA RAO, AGED 63 YRS, AGRICULTURIST, TADKALAPUDI VLAGE, KAMAVARAPU KOTA MANDAL, ELURU, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SCRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, AT VELAGAPADU, GUNTUR DIST, AP. 2. THE DISTRICT COLLECTOR ELURU, WEST GODAVARI NOW ELURU DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, JANGAREDDY GUDEM, WEST GODAVARI NOW ELURU DISTRICT 4. THE TAHSILDAR, KAMAVARUPU KOTA MANDAL, WEST GODAVARI NOW ELURU DISTRICT. 5. SMT MUTTAVARAPU RANI SUSHEELA, W/O MUTTAVARAPU JAGJEEVAN RAO, R/O D.NO. 3-43, KOPPAKA VILLAGE, PEDAVEGI MANDAL, W.G. DISTRICT NOW ELURU DISTRICT ...RESPONDENT(S): 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 toPleased to issue a Writ or orders or directions more particularly in 2 BKM,J W.P.No.7504 of 2026 the nature of Writ of Ceritiorycalling for recorsthe pertainng to the impugned proceedings No.Roc.No.16/2026/SA, dated 09-03-2026 on 10-03-2026 of the the 4th Respndent and thereby declaring the action of the Respondents more particularly the Respondents 2 to 4, in interfering with the possession and enjoyment of the land of the Petitioner Ac.5.00 cents, in Sy.No.195/3, vide L.D.No.221/1417/07 an extent of Dt. 10-09-2007 and Pass Book No.3299, dt. 16-09-2008 issued by the 4thReespondent. situated at Tadakalapudi Village of Kamavarapu Kota Mandal Godavari now Eluru District, on political intereference from the of the 5th Respondent as illegal, arbitrary, contrary to law, vilative of Principles of natural justice, without jurisdiction, discriminative in nature, official bias, unconstitutional and violative of Art. Constitution of India West pressure 14,21 and 300-A of in the interest of justice and to pass such other order or orders may deem fit and proper in the circumstances of the case, and to pass 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 suspend the impugned proceedings No.Roc.No.16/2026/SA, dated 09-3-2026 on 10-03-2026 of the the 4th Respndent situated at adakalapudi Village of Kamavarapu Kota Mandal, West Godavari now Eluru District, in the interest of the Justice,pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.7504 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 respondents. 2. This writ petition is filed questioning the order passed by the 4th respondent dated 09.03.2026 directing the Village Revenue Officer particularly to take possession of the subject land in an extent of Ac.5.00 cents, in Sy.No.195/3, vide L.D.No.221/1417/07 situated at Tadikalapudi Village of Kamavarapu Kota Mandal, West Godavari District, after conducting Panchanama and to keep the land under safe custody by way of resumption. 3. The learned counsel for the petitioner submits that soon after resumption order was passed dated 09.03.2026, on the very same day, the 4th respondent issued the above said consequential impugned notice dated 09.03.2026 directing the petitioner to vacate the subject land within seven (07) days from the date of receipt of the said notice. The said impugned action the 4th respondent is not permissible as the petitioner is having still appeal time to question the resumption orders before the 3rd respondent. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the impugned order of the 4th respondent dated 09.03.2026 is an appealable one and the petitioner can avail the effective and alternative remedy of appeal and if so preferred, the same would be considered by the 3rd respondent following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to prefer an appeal against the impugned order of the 4th respondent 4 BKM,J W.P.No.7504 of 2026 dated 09.03.2026 within a period of limitation by enclosing all the documents in support of his claim. On filing of such appeal by the petitioner, the 3rd respondent shall consider and dispose of the same strictly in accordance with law by hearing all the parties concerned, including the petitioner and the 5th respondent, 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 four (04) months thereafter. Pending the above said appeal, there shall be an order of status quo as on today to be maintained with respect to the subject land as shown in the schedule of the impugned notice of the 4th respondent dated 09.03.2026. In default of preferring an appeal as directed above, the interim direction granted by this Court stands automatically vacated. For the purpose of enabling the petitioner to file an appeal and consideration of the same by the appellate authority as directed above, the impugned consequential notice of the 4th respondent dated 09.03.2026 is set aside herewith. 6. Accordingly, this writ petition is disposed of. The Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B. KRISHNA MOHAN 18.03.2026 RMD 5 BKM,J W.P.No.7504 of 2026 246 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7504/2026 18.03.2026 RMD