DISTRICT v. DISTRICT
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition is disposed of
Provisions considered
- Constitution of India art. 226
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 66. In view of the above said facts and circumstances and upon the consideration of the rival submissions made, since admittedly, the appeal of the 7th respondent is pending before the 3rd respondent where notices were 5 also issued to the parties concerned for the…
- Para 77. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN
Judgment
Cause title
6. S.SRINIVASULU, S/O. S. GOVINDAPPA, AGED 64 YEARS, R/O. KURNOOL SMT COLONY, YEMMIGANUR, H.NO. 1/2882-2, DISTRICT.
7. MONE GANGANNA, S/O. M.GOURA SETTY, AGED 63 YEARS, R/O. H.NO. 11/93, KOLUGOTLA ROAD, YEMMIGANUR, KUMOOL DISTRICT. ...PETITIONER(S)
AND
1. THE STATE OF AP, REP. BY DEPARTMENT OF REVENUE, ITS PRINCIPAL SECRETARY, SECRETARIAT, AMARAVATI, 2 GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.
3. THE SUBCOLLECTOR, ADONI, KURNOOL DISTRICT.
4. THE TAHSILDAR, YEMMIGANUR, KURNOOL DISTRICT.
5. THE KALUGOTLA GRAMA PANCHAYAT, THE KALUGOTLA GRAMA ITS PANCHAYAT SECRETARY, KURNOOL PANCHAYAT, KALUGOTLA VILLAGE, YEMMIGANUR MANDAL, DISTRICT. REP. BY
6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, YEMMIGANUR MANDAL, KURNOOL DISTRICT.
7. B MOHD JAVED, S/O. LATE B. IQBAL BASHA, R/O. IQBAL JEWELLERS, PEDDA MASJID, MAIN ROAD, NEAR SUNKALAMMA TEMPLE, YEMMIGANUR VILLAGE AND MANDAL, KURNOOL 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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of Respondent No. 3 in considering the Appeal vide R.C.E. 1149/2025 at the instance of Respondent No. 7, without any right or title over the property as illegal, arbitrary and violative of article 14, 16 and 300-A of the Constitution of India and consequently set-aside the Appeal vide R.C.E. 1149/2025 before the 3rd respondent and to pass IA 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 pleased to suspend the proceedings in Appeal vide R.C.E. 1149/2025 before the3 rd respondent pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1. G R SUDHAKAR Counsel for the Respondent(S): 3
1. GP FOR REVENUE
2. V NITESH 4 The Court made the following
ORDER:
Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the 7th respondent.
This Writ Petition was filed questioning the action of the 3rd respondent in considering the appeal vide R.C.E.1149/2025 at the instance of the 7th respondent, without any right or title over the property.
The learned counsel for the petitioners submits that the petitioners have raised a preliminary objection with regard to the locus of the 7th respondent to prefer such appeal before the 3rd respondent and entertaining the same by submitting facts and legal position. But, without going into the preliminary objection, the said authority is proceeding with the appeal itself.
On the other hand, the learned counsel for the 7th respondent submits that the 7th respondent can maintain the above said appeal and the appellate authority has got all the jurisdiction to decide the same.
The learned Assistant Government Pleader appearing respondent Nos.1 to 4, submits that on submission of the respective contentions of the parties concerned, the appellate authority can decide the appeal by following the due procedure.
In view of the above said facts and circumstances and upon the consideration of the rival submissions made, since admittedly, the appeal of the 7th respondent is pending before the 3rd respondent where notices were 5 also issued to the parties concerned for the purpose of hearing, the 3rd respondent is directed to proceed with the said appeal in R.C.E.1149/2025, strictly in accordance with law, by hearing all the parties concerned, including the petitioners and the 7th respondent herein giving due opportunity, upon verification of the records, the subject land and the preliminary objection raised by the petitioners herein dated 21.08.2025, the said appeal shall be disposed of finally in all aspects, on its own merits, as expeditiously as possible, preferably, within a period of four (04) months from the date of receipt of copy of this Order. Both the parties shall cooperate for the early disposal of the appeal.
Operative part
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN
09.02.2026 SCH 6 468 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.25673 of 2025 Date: 09.02.2026 SCH
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Civil Procedure, 1908 — s. 151.
Which court decided this case, and when?
Andhra Pradesh High Court, on 09 Feb 2026. The bench was B KRISHNA MOHAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.