APHC010839522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 40518/2018 Between: 1. MUKKALAKATTI PEDDA LAXMAIAH, S/O LATE MUTTAIAH AGE.49 YEARS, OCC.AGRICULTURE R/O HARIJANAWADA, CHEEMALAPADU VILLAGE, A.KONDURU MANDAL, KRISHNA DIST. 2. MUKKALAKATTI CHINA LAXMAIAH, S/O LATE MUTTAIAH AGE.47 YEARS, OCC.AGRICULTURE R/O HARIJANAWADA, CHEEMALAPADU VILLAGE, A.KONDURU MANDAL, KRISHNA DIST ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE) A.P. SECRETARIAT, AMARAVATHI, VELAGAPUDI GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KRISHNA DIST., AT MACHILIPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, NUZVID, KRISHNA DIST. 4. THE TAHSILDAR, A.KONDURU MANDAL, KRISHNA DIST. 2 JS,J W.P.No.40518 of 2018 5. SMT P NAGENDRAMMA, W/O PUNNAIAH AGED ABOUT 65 YEARS, OCC. HOUSEWIFE R/O CHEEMALAPADU VILLAGE, A.KONDURU MANDAL, KRISHNA DIST. ...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 to issue a writ or direction preferably writ of Mandamus declaring the notice vide R.C.B.408/2018 dt.2-11-2018 issued by the 4th respondent directing the petitioners to attend enquiry along with documents, without mentioning any provision of law or act, is illegal, arbitrary, without authority and violation of principles natural justice consequently set aside the said impugned notice dt.2-11-2018 by declaring that the 4th respondent has no authority to resolve the dispute between the parties, and pass IA NO: 1 OF 2018 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 to Stay all further proceedings pursuant to the Notice vide R.C.B.408/2018 dt.2-11-2018 issued by the 4th respondent, pending disposal of the main writ petition in the interest of Justice Counsel for the Petitioner(S): 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) This Court made the following: 3 JS,J W.P.No.40518 of 2018 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing on behalf of the respondents. 2. The 5th respondent complained that the petitioners are not allowing to enter into her land of an extent of Ac.1.05 cents in R.S.No.567/1 of Cheemalapadu Village, A.Konduru Mandal, Krishna District. 3. In response, the 4th respondent issued the impugned notice directing the petitioners to appear before him along with all the documents on 05.11.2018. 4. Instead of appearing before the 4th respondent, the petitioners filed the present writ petition. 5. On 12.11.2018, this Court directed the 4th respondent to enquire into the matter and submit a report before this Court. 6. Pursuant thereto, the 4th respondent inspected the subject land and submitted a report dated 24.11.2018. 7. The report indicates that the petitioners were creating obstacles for the other assignees, and confirmed that there is no other pathway to the land. The 4th respondent stated that further action would follow the statutory procedure, and that no action would be taken without proper notice. 8. Since the petitioners failed to approach the 4th respondent with their documents regarding the pathway shown in the location sketch of 10.12.2018, the Writ Petition is disposed of with the following directions: 4 JS,J W.P.No.40518 of 2018 i) The petitioners are directed to file an application with all relevant documents before the 4th respondent within two (2) weeks from the date of receipt of a copy of this order. ii) Upon receiving the application, the 4th respondent is directed to issue notice to all the effected parties and pass appropriate orders, in accordance with law, within four (4) weeks thereafter. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM 24th February, 2026 cbs 5 JS,J W.P.No.40518 of 2018 THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.40518 of 2018 24th February, 2026 cbs