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2026 DAILYLAW 9448 (AP)

NANDYALA CHANDRA SEKHAR REDDY v. THE STATE OF ANDHRA PRADESH

WA/1016/2026 · 2026-08-31

Battu Devanand, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010444912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3564] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 1016/2026 Writ Appeal under clause 15 of the Letters Patent to allow the instant Writ Appeal by setting aside the orders dated 10.08.2026 in W.P.No.19146 of 2026 and consequently set aside the proceedings Rc.No.E2/87/2025, dated 21.06.2026, passed by the 2nd respondent/District Collector, YSR, Kadapa District the pass Between: 1. NANDYALA CHANDRA SEKHAR REDDY, S/O LATE NARAYANA REDDY, AGED ABOUT 72 YEARS, OCC EX-SERVICEMEN, R/O VASANTHAPETA VILLAGE, PRODDATUR MANDAL, YSR KADAPA DISTRICT. 2. RAGA PEERAIAH,, S/O SUBBAIAH, AGED ABOUT 58 YEARS, OCC EX-SEFVICEMEN, R/O SANKAVARAM VILLAGE, KALASAPADU MANDAL, YSR KADAPA DISTRICT. 3. PALVANCHA RAMAIAH,, S/O PALVANCHA SANGAIAH, AGED ABOUT 57 YEARS, OCC EX-SERVICEMEN, R/O PLOT NO.67, YSR NAGAR, ALMASGUDA, RANGAREDDI DISTRICT, TELANGANA. 4. GORI PARTI RADHA KRISHNA RAO,, S/O RANGAYYA AGED ABOUT 56 YEARS, OCC EX-SERVICEMEN, R/O D.NO.6-56, AKURATHI VARI VEEDHI, BHATTIPROLU VILLAGE, GUNTUR DISTRICT. 5. METTA RAMA RAO,, S/O LATE APPALA SWAMY, AGED ABOUT 59 YEARS, OCC EX-SERVICEMEN, R/O D.NO.8-1-150/8-1, PUJARIPETA VILLAGE, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. 2 6. PASULA RAM REDDY,, S/O LATE PASULA CHINTAL REDDY, AGED ABOUT 57 YEARS, OCC EX-SERVICEMEN, R/O D.NO.45-85/1, SRINIVAS NAGAR, JEEDIMETIA VILLAGE, QUTUBULLAPUR MANDAL, RANGAREDDI DISTRICT, TELANGANA. ...APPELLANT(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522237. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT-516001. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, YSR KADAPA DISTRICT-516227. 4. THE TAHSILDAR, SRI AVADHUTHA KASINAYANA MANDAL YSR KADAPA DISTRICT-516227. ...RESPONDENT(S): 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 to suspend the order of the Hon’ble single judge dated 10.08.2026 in WP.No.19146 of 2026, pending disposal of the writ appeal and pass. IA NO: 2 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 to suspend the operation of the proceedings in Rc.No.E2/87/2025, dated 21.06.2026, passed by the 2nd respondent/District Collector, YSR, Kadapa District, pending disposal of the writ appeal and pass. Counsel for the Appellant(S): 1. SREE DEEPTHI G Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL No.1016 of 2026 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) Heard learned counsel for the appellants and learned Government Pleader appearing for the respondents. 2. Perused the material available on record. For convenience, the parties are referred to as arrayed in the Writ Petition. 3. The Writ Petition is filed against the proceedings dated 21.06.2026 issued by the respondent No.2 in rejecting their request for deletion of the property from the prohibited list maintained under Section 22-A of the Registration Act, 1908. 4. At the stage of admission of the case, the learned Single Judge of this Court disposed of the said Writ Petition, in the light of the written instructions dated 14.07.2026 of the District Collector, Y.S.R. Kadapa District, placed before the Court, wherein it is stated that the petitioners have an efficacious and effective statutory remedy of appeal before the Chief Commissioner of Land Administration, Andhra Pradesh, under G.O.Ms.No.300, Revenue (Assignment-I) Department, dated 05.07.2016, against the impugned order passed by the District Collector, Kadapa. It is further stated in the said written instructions that it is a well-settled principle of law that the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is 4 ordinarily not invoked where an effective alternative statutory remedy is available. 5. Considered the contention of the respondents and taking into note of the written instructions placed before the learned Single Judge by the Assistant learned Government Pleader, the Writ Petition is disposed of granting liberty to the writ petitioners to prefer an appeal before the appellate authority/Chief Commissioner of Land Administration, Andhra Pradesh, within thirty (30) days from the date of receipt of a copy of this order. 6. Though the interest of the petitioners is protected by directing that the status quo as on date shall be maintained till the date of filing of appeal, aggrieved by the order of the learned Single Judge in disposing the Writ Petition, granting liberty to the petitioners to prefer an appeal before the Chief Commissioner of Land Administration, basing on the instructions of the District Collector, Kadapa, the present Writ Appeal has been filed. 7. Learned counsel for the appellants contends that there is no statutory remedy of appeal available against the order impugned in the Writ Petition. The G.O.Ms.No.300, dated 05.07.2016, is no way relevant to the present issue. As such, the respondents in the Writ Petition committed a grave error by placing misleading information before the learned Single Judge, which led to disposal of the Writ Petition, granting liberty to the petitioners to prefer an appeal before the appellate authority. Accordingly, they sought to allow the Writ Appeal by setting aside the order of the learned Single Judge. 5 8. On the other hand, learned Government Pleader for Revenue, appearing for the respondents, would submit that the G.O.Ms.300, Revenue (ASSN-I) Department, dated 05.07.2016, and G.O.Ms.562, Revenue (Lands-I) Department, dated 24.11.2023, permit the petitioners to file an appeal before the Committee constituted under the said G.Os and, if an appeal is preferred, the same will be disposed of within sixty (60) days, as per the time stipulated in the said G.Os. He placed the copies of the said G.Os before the Court. We carefully perused the same. On a bare perusal of the said G.Os, it is clear that those Government Orders are not meant for providing an alternative remedy of appeal against the orders passed by the concerned authority, like impugned order in the present case. 9. As stated in the written instructions of the District Collector, Kadapa, placed before the learned Single Judge, there is no statutory remedy of appeal provided under any law against the orders by the concerned authority, like the impugned order. 10. Under the circumstances, there is no any alternative and efficacious remedy to the Writ Petitioners, except to approach this Court by filing a Writ Petition under Article 226 of the Constitution of India. But the learned Single Judge, without going into the merits of the case and simply relying on the written instructions placed by the official respondents before the Court, disposed of the Writ Petition, granting liberty to the petitioners to prefer an appeal before the appellate authority/Chief Commissioner of Land Administration, Andhra Pradesh. 6 11. In our considered view, in the absence of any statutory remedy of appeal against the impugned order, the issue of granting liberty to the petitioners to prefer such appeal before the appellate authority does not arise. As such, the order of learned Single Judge is liable to be set aside. 12. For the aforesaid reasons, this Writ Appeal is allowed. 13. The order dated 10.08.2026 passed by the learned Single Judge in W.P.No.19146 of 2026 is hereby set aside. 14. The Writ Petition is remanded to the learned Single Judge for fresh hearing and disposal by following due process of law. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ________________________ TUHIN KUMAR GEDELA, J Dated: 01.09.2026 KNN 7 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 1016 of 2026 Date:01.09.2026 KNN