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Bittikonda Anji Babu v. the State of Ap

Andhra Pradesh HC18 Aug 2025WP/21248/2025

Case brief

AI extract

What is this about?

Keywords: A.P.S.A.L.T. Regulation 1/59 as amended by 1/70; Sub-Section (1) of Section (3); S.R.No.293 of 2024; S.R.A.No.34 of 2025; Gramakantam land; non-tribal possession; transfer of land; Eluru District; ITDA K.R. Puram; mandamus for expeditious disposal of statutory appeal within six months; interim protection against eviction pending appeal; no costs. Relevant to: directions to expedite decisions by appellate authority under the A.P. Scheduled Areas Land Transfer Regulation; no-eviction protection pending statutory appeal.

What did the court decide?

Writ petition disposed of: respondent No.3 directed to dispose of S.R.A.No.34 of 2025 within six months of receipt of the order; respondents restrained from evicting the petitioner from the subject land until such disposal; no order as to costs; pending miscellaneous petitions closed.

Bittikonda Anji Babu Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent No.3 in not disposing of appeal S.R.A.No.34 of 2025 (preferred against the order dated 25.03.2025 of respondent No.4 in S.R.No.293 of 2024 under the A.P.S.A.L.T. Regulation 1/59 as amended by 1/70) is illegal and arbitrary, and whether a writ of mandamus should issue directing respondent No.3 to dispose of the appeal within a stipulated period.

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Court's answer

Respondent No.3 is directed to dispose of S.R.A.No.34 of 2025 within a period of six (6) months from the date of receipt of a copy of the order.

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Ratio / Principle

Until disposal of S.R.A.No.34 of 2025, the respondents are directed not to evict the petitioner from possession of the subject land.

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Detailed headnote1 paragraphs

Writ Petition (Article 226, Constitution of India) by Bittikonda Anji Babu, in possession and enjoyment of 978 square yards in R.S.No.24 of Nimmalagudem Village, Buttaigudem Mandal, Eluru District (originally classified as Gramakantam), complaining that respondent No.3 (Special Assistant Agent cum Project Officer, ITDA, K.R. Puram) had failed to decide his appeal S.R.A.No.34 of 2025, filed against the order dated 25.03.2025 of respondent No.4 (Special Deputy Collector, Tribal Welfare) in S.R.No.293 of 2024. The said order, passed on respondent No.6's complaint, had held the petitioner's possession (by transfer) violative of Sub-Section (1) of Section (3) of the A.P.S.A.L.T. Regulation 1/59 as amended by 1/70 and directed the Tahsildar to take possession and assign the land to landless poor tribals. Held: the appeal, taken on file on 12.05.2025, having remained undecided, respondent No.3 was directed to dispose of S.R.A.No.34 of 2025 within six months of receipt of the order, and until then the respondents were directed not to evict the petitioner from the subject land. Writ petition disposed of without costs; miscellaneous petitions, if any, closed.

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APHC010411302025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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WRIT PETITION NO: 21248 OF 2025

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Between:

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Bittikonda Anji Babu, S/o. Narasimha Rao aged about 40 Years, R/o Nimmalagudem Village, Buttaigudem Mandal, Eluru District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Tribal Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Agent to the Government/ District Collector, Eluru District, Eluru District.

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The Special Assistant Agent to The Government Cum project officer

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I. T. D. A, K.R.Puram, Eluru District.

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The Special Deputy Collector, Tribal Welfare, K.R. Puram, Eluru District.

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The Tahsildar, Buttaigudem Mandal, Buttaigudem, Eluru District.

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Sri Kuna Raja Reddy, S/o. Butchi Reddy, Aged about 48 Years, R/o. Nimmalagudem Village, Buttaigudem Mandal,Eluru District.

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...RESPONDENTS

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Petition under Articte 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue order direction, Writ more particularly^{oneinthenatureof} writ of Mandamus declare the action of the 3'^'^ respondent in not dispose of the Appeal S.R.A.No.34 of 2025 as illegal arbitrary and contrary to the provision of A.P.S.A L T Regulation 1/59 as ammeded 1/70 and consequential direct the 3'"^ respondent to dispose of the appeal filed by the petitioner in S.R.A.No 34 of 2025. lA NO: 1 OF 2025 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 orders of 4*^ respondent passed in S.R.No.239/2025 dt. 25/03/2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI P. R. K. AMERANDRA KUMAR

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Counsel for the Respondent Nos.1 to 4:GP FOR SOCIAL WELFARE Counsel for the Respondent No.5: GP FOR REVENUE

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Counsel for the Respondent No.6:

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The Court made the following order:

[3327]

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APHC010411302025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 21248/2025

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Between:

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1.BITTIKONDA ANJI BABU, S/0 NARASIMHA RAO, AGED ABOUT⁴⁰ YEARS, R/0 NIMMALAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF AP, REPRASENTED BY ITS PRINCIPAL SECRETARY, TRIABAL WELAFARE DEPARTMENT, SECREATRIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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2.THE AGENT TO THE GOVERNMENT/ DISTRICT COLLECTOR ELURU DISTRICT, ELURU DISTRICT.

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3.THE SPECIAL ASSISTANT AGENT TO THE GOVERNMENT CUM PROJECT OFFICER I T D A, K.R.PURAM ELURU DISTRICT.

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4.THE SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE, K.R. PURAM. ELURU DISTRICT.

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5.THE TAHSILDAR, BUTTAIGUDEM MANDAL, BUTTAIGUDEM, ELURU DISTRICT.

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6.SRI KURIA RAJA REDDY, S/0. BUTCHI REDDY, AGED ABOUT⁴⁸ YEARS, R/0. NIMMALAGUDEM VILLAGE, BUTTAIGUDEM MANDAL,ELURU DISTRICT.

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...RESPONDENT{S):

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Counsel for the Petitioner:

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P R K AMERANDRA KUMAR

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Counsel for the Respondent(S);

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1.GP FOR REVENUE

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2.GP FOR SOCIAL WELFARE

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The Court made the following:

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ORDER:

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This Writ Petition is filed seeking to declare the action of 3^^ respondent in not disposing of the appeal in S.R.A.No.34 of 2025, as illegal and arbitrary and contrary to the provisions of A.P.S.A.L.T. Regulation 1/59 as amended by 1/70 and consequently direct 3^^^ respondent to dispose of the said appeal.

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It is the case of the petitioner that the petitioner has been in possession and enjoyment of the land to an extent of 978 square yards situated in R.S.No.24 of Nimmalagudem Village, Buttaigudem Mandal, Eluru District. Originally the said land was classified as a Gramakantam^{vestedtotheGram} Panchayat. While the matter stood thus, 6**^ respondent filed a complaint before 4^^ respondent against the petitioner and another stating that the schedule land is in possession and enjoyment of the petitioner, who is a nontribal in contravention of Sub-Section (1) of Section (3) of A.P.S.A.L.T. Regulation 1/59 as amended by 1/70 and the same was numbered as S.R.No.293 of 2024. By an order dated 25.03.2025, 4^ respondent passed an order to the extent that the petition schedule land^{inR.S.No.24withanextent} of 978 square yards in Nimmalagudem Village of Buttaigudem^Mandalwhich is in possession and enjoyment of the petitioner herein by way of transfer from 2^^ respondent therein, is in violation of A.P.S.A.L.T. Regulation 1/59 as amended by 1/70, and 5^*^ respondent-Tahsildar was directed to take possession of the said land and assign it to landless poor tribals in the village in accordance with law. Accordingly, S.R.No.293 of^2024was allowed. Against the said order, the petitioner preferred an appeal in S.R.A.No.34 of

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2025 on the file of 3''^ respondent and the same was taken on file on 12.05.2025.

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Learned counsel appearing on behalf of the petitioner^submits that though the appeal has been filed in the month of May, 2025, till today the appeal has not been decided.

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In view of the aforesaid facts and circumstances, 3'^ respondent is directed to dispose of S.R.A.No.34 of 2025 within a period of six (6) months from the date of receipt of a copy of this order. Till such time, the respondents are directed not to evict the petitioner from the possession of the subject land.

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