VANKIREDDY REDDY MONISH KUMAR v. THE STATE OF ANDHRA PRADESH

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the resumption proceedings in Ref. No. A/119/2025 dated 10.11.2025 passed by the 5th respondent in connection with land admeasuring Ac. 3.34 cents in Sy. No. 546/1, Madanapalle Revenue Village and Mandal, Annamayya District, in spite of the amendment of Section 3 of POT Act, 1977 and order passed by this Honble Court in W.P. No. 24817 of 2025, reported judgment in 2024 (4) ALD 191 (AP) and W.A.No. 454 of 2019, as illegal, arbitrary colorable fundamental rights and violation of the legal duty caste on the official respondents and violation of the Article 14,16,19(1)(g) and 21 of Constitution of India and consequentially set aside the proceedings of the 5TH respondent dated 10.11.2025 by restore the said property to the petitioner and other consequential reliefs and pass….

exercise and violation of

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.

The learned counsel for the petitioner submits that the resumption proceedings in Ref. No.A/119/2025 dated 10.11.2025, passed by the 5th respondent in respect of land admeasuring Ac.3.34 cents in Survey No.546/1, situated at Madanapalle Revenue Village and Mandal, Annamayya District, are illegal and arbitrary, having been initiated and concluded in spite of the amendment to Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and in disregard of the orders passed by this Hon’ble Court in W.P. No.24817 of 2025, as well as the reported judgment in 2024 (4) ALD 191 (A.P.) and the judgment in W.A. No.454 of 2019.

On the other hand, the learned Government Pleader for the respondents submits that the respondents have raised an objection with regard to the availability of an alternative statutory remedy under Section 4-A of the A.P. Assigned Lands (Prohibition of Transfers) Act,

Upon perusal of the impugned order dated 10.11.2025 passed by the competent authority, it is evident that, while time was granted to the petitioner to prefer an appeal, the authority has simultaneously directed the Mandal Revenue Inspector to resume the land within a period of one (01) week. It is further stated in the said order that an appeal against the same lies to the Sub-Collector, Madanapalle, under Section 4-A of the Act, within a period of ninety (90) days from the date of receipt of the said order.

When the statute itself provides a specific period for filing an appeal, the authorities ought not to have directed resumption of the land before the expiry of the statutory period available for availing the appellate remedy.