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W.P. No.36218 OF20 2250:2A5P HC:61546

Date of order:29.12.2025

APHC010706202025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON’BLE SRI JUSTICE D.RAMESH

WRIT PETITION NO: 36218/2025

Between:

1. H P MAHABOOB SHAB, S/O PINJARI HUSSAIN PEER SHAB AGED

ABOUT 54 YEARS, OCC EX. SARPANCH, R/O D.NO.1-49. B.C.

COLONY. HANAVALU VILLAGE AND POST, PEDDA TUMBALAM

MANDAL, KURNOOL DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS, SPECIAL CHIEF

SECRETARY TO GOVERNMENT, REVENUE (LANDS IV)

DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH,

SECRETARIAT, VELAGAPUDI, AMARAVATI- 522238

2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA

PRADESH, MANGALAGIRI, GUNTUR DISTRICT - 522503

3. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL -

518002

...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 to

IA NO: 1 OF 2025

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W.P. No.36218 OF20 2250:2A5P HC:61546

Date of order:29.12.2025

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

stay all further proceeding in furtherance of 1st Respondents Government

Order Rt. No.1503, Revenue (Lands-IV) Department dated 27/11/2025 and

be pleased to pass

Counsel for the Petitioner:

1. DHANUNJAYA BARU

Counsel for the RespondentS:

1. GP FOR REVENUE

The Court made the following:

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W.P. No.36218 OF20 2250:2A5P HC:61546

Date of order:29.12.2025

THE HON’BLE SRI JUSTICE D. RAMESH

WRIT PETITION No.36218 OF 2025

ORDER

1. The writ petition is filed declaring the G.O.Rt.No.1503 Revenue

(Lands.IV) Department, dt.27.11.2025 is contrary to the Rules more

specifically Rule 3 of the Andhra Pradesh District (Formation) Rules

1984 [for short „the Rules, 1984’].

2. Heard the learned counsel for the petitioner and the learned Assistant

Public Prosecutor for Revenue appearing for respondents.

3. The learned counsel appearing for the petitioner has submitted that in

fact, in the impugned G.O., the Government has already decided for

bifurcation of Adoni Mandal into two Mandals, Adoni Revenue Division,

Kurnool District, for better administration of the areas concerned. The

said action is contrary to Rule 3 of the Rules 1984. For better

appreciation, Rule 3 is as follows:

“(3) In matters concerning sub-section (1) or sub-section (2)

of Section 3 of the Acts the Collector concerned shall

forward to the Government his report with his views

together with the record of enquiry if any for the

consideration of the Government. If after such

consideration the Government so decides, a preliminary

notification under sub-section(5) of Section 3 of the Act

inviting objections or suggestions to the proposals from

the persons residing in the area/ areas which are likely

to be affected thereby, shall be issued.”

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W.P. No.36218 OF20 2250:2A5P HC:61546

Date of order:29.12.2025

4. On a perusal of the above Rule, it contemplates a report from the

District Collector and consequent on receipt of the report from the

District Collector, the Government so desires and decides for

bifurcation, a preliminary notification under sub-Section (5) of Section 3

of the Act, inviting objections or suggestions to the proposals from the

persons residing in the area/ areas which are likely to be affected

thereby, would be issued. But, in the instant case, on a perusal of the

G.O.Rt.No.1503, Revenue (Lands-IV) Department, dt.27.11.2025, the

Government has not referred any report of the District Collector.

5. Replying to the said contentions, the learned Government Pleader for

Revenue appearing for the Respondents has submitted that the

impugned G.O., is only a preliminary notification as per the Rules, 1984.

Rule 4 specifically provides publication of preliminary notification inviting

objections/ suggestions. Even in the instant case, the Gove