Sabbu Krishnaiah Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sabbu Krishnaiah Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of recording both sides' submissions; the interim suspension (interim order dated 05.03.2020) of the orders in Rc.B.302/2019 dated 03.12.2019 issued by the 4th respondent stands recorded and no further adjudication was undertaken; no order as to costs; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the orders in Rc.B.302/2019 dated 03.12.2019 issued by the 4th respondent (Tahsildar, Dagadarthi Mandal) are illegal, arbitrary and contrary to sec.145 Cr.P.C., warranting setting aside of those proceedings by way of writ of Mandamus.

Court's answer

Recording the submissions of counsel on both sides, the writ petition is disposed of, with no order as to costs; as a sequel, miscellaneous petitions pending, if any, stand closed. The merits of the impugned orders were not further adjudicated; the petition rests on the subsisting interim suspension of the order dated 03.12.2019.

Ratio / Principle

By interim order passed on 05.03.2020, this Court had ordered suspension of the order dated 03.12.2019, which suspension formed the footing on which the petition came to be disposed of without further adjudication.

Detailed headnote1 paragraphs

W.P.No.3222 of 2020 — Sabbu Krishnaiah v. The State of AP and others (Dr Justice Venkata Jyothirmai Pratapa; decided 08.09.2025): Writ petition under Article 226 of the Constitution of India sought a writ of Mandamus declaring the orders in Rc.B.302/2019, dt.03.12.2019, issued by the 4th respondent (Tahsildar, Dagadarthi Mandal, SPSR Nellore District), illegal and arbitrary and contrary to sec.145 Cr.P.C., and consequently to set aside those proceedings. By interim order dated 05.03.2020 this Court had ordered suspension of the order dated 03.12.2019. At the final hearing the learned Assistant Government Pleader for Home submitted that, in view of that interim order, no further adjudication was required in the writ petition, and learned counsel for the petitioner asked that the petition be disposed of on that footing. Recording the said submissions, the Court disposed of the writ petition with no order as to costs; miscellaneous petitions pending, if any, stood closed. The merits were not adjudicated afresh; the interim suspension of the impugned orders remains the operative position.

[3396]

APHC010053552020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 3222/2020

Between:

SABBU KRISHNAIAH, S/O LATE SABBU KARRAIAH, AGE 52 YEARS, OCC. AGRICULTURE, RIO TADAKALURU, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT.

...PETITIONER

AND

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT.

THE SUBCOLLECTOR, KAVALI, SPSR NELLORE DISTRICT.

THE TAHSILDAR, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT.

BANDARU RAMANAYYA, S/O PEDDAIAH, AGED 55 YEARS, DAGADARTHI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1.P GANGA RAMI REDDY

Counsel for the Respondent(S):

1.GP FOR REVENUE (AP)

Page 2 of 4

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 3222 of 2020

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“…pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the orders in Rc.B.302/2019, dt.03.12.2019 issued by the 4^th respondent as illegal and arbitrary and contrary to the sec.145 Cr.P.C. and consequently set aside the above proceedings and pass.…”

Heard Sri P. Ganga Ram Reddy, learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents.

On 05.03.2020, this Court passed an interim order. The operative portion of the interim order is extracted hereunder:

“ In the meanwhile, in view of prima facie opinion expressed above, there should be a suspension of the order dated 03.12.2019. ”

Learned Assistant Government Pleader for Home would submit that in view of interim order passed by this Court on 05.03.2020, no further adjudication is required in the writ petition.

Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.

Page 3 of 4

Recording the above said submissions, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 08.09.2025. TVN

Page 4 of 4

100

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

W.P.No.3222 of 2020

Dated.08.09.2025

TVN