Vadlamudi Sitamahalakshmi, v. The State of Andhra Pradesh
WP/13734/2025 · 2025-06-29
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10905 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10905 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC01O124662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13734 OF 2Q2fi Between: Vadlamudi Sitamahalakshmi, W/o. Vadlamudi Achyutharmaiah KSR Thota, Gavaravaram Eluru - 534003 R/o 11-116, ...PETITIONER AND
1. The State of Andhra Pradesh, Rep By Its Principal Secretary Department of Lands and Revenue Department, Secretariat Velagapudi, Guntur District. 2. The District Collector, Eluru, West Godavari District. 3. The District Registrar, Eluru, West Godavari District. 4. The Sub Registrar, Eluru Division, West Godavari District. 5. The Tahsildhar, Pedavegi Village, Eluru Mandal. A.P, ...RESPONDENTS 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 issue a writ, order, or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in including the private patta land of the petitioner with an extent of Ac.5.00 acres in SY.No 1102/2 of Padevegi village, Eluru mandal in prohibited list by not allowing registrations as well is illegal, arbitrary, violation of article 14,16,21 and 300A
of the constitution of India and consequently direct the respondents to delete the private patta land of the petitioner in SY.No 1102/2 of Padevegi village from the prohibited list by allowing registrations as well. - 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 direct the respondents to consider the representation of the petitioner dated 06.01.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent Nos.1 2 & 5: GP FOR REVENUE Counsel for the Respondent Nos.3 & 4:GP FOR STAMPS AND REGISTRATION The Court made the following order:
APHC010124662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13734/2025 Between: 1.VADLAMUDI SITAMAHALAKSHMI ACHYUTHARMAIAHL R/0 11-116, KSR THOTA, GAVARAVARAM ELURU-534003 w/o. VADLAMUDI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT OF LANDS AND REVENUE VELAGAPUDI , GUNTUR SECRETARY DEPARTMENT SECRETARIAT A.P, DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT.
2.THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT. 3.THE DISTRICT REGISTRAR, ELURU, WEST GODAVARI DISTRICT. 4.THE SUB REGISTRAR, ELURU DIVISION, WEST GODAVARI DISTRICT. 5.THE TAHSILDHAR, PEDAVEGI VILLAGE, ELURU MANDAL. ...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 tomay be pleased to issue a writ, order, or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in including the private patta land of the petitioner with an extent of Ac.5.00 acres in SY.No 1102/2 of Padevegi village, Eluru mandal in prohibited list by
not allowing registrations as well is illegal, arbitrary, violation 14,16,21 and 300A of the constitution of India and consequently direct the respondents to delete the private patta land of the petitioner in SY.No 1102/2 of Padevegi village from the prohibited list by allowing registrations as well and also pass of article 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 may be pleased to direct the respondents to consider the representationof the petitioner dated 10.08.2024 pending disposal of the above writ petition Counsel for the Petitioner:
1.MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent{S):
1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following:
JUSTICE VENKATESWARLU NIMWIAGADDA \A/piT PETITION NO:13734/2025 THE HONOURABLE SRI
ORDER: under Article 226 of the Constitution of The present writ petition is filed India seeking following relief: direction more particularly one declaring the action of the in ‘to issue a writ, order or the nature of writ of mandamus including the private patta land of the petitioner in S.YNo.1102/2 of Padevegi respondents in with an extent of Ac.5.00 acres in village. Eluru nrandal in prohibited list by net allowing well is illegal, arbitrary, violation of Atiicle 14.
16. of India and consequently direct registrations as 21 and 300-A of the constitution delete the private patta land of the petitioner the respondents to in SY.No.1102/2 of Padevegi village from the prohibited list by well and also pass such other order or allowing registrations as orders....” and learned Government
learned counsel for the petitioner Pleader for Revenue for the respondents. Heard
2. several allegations against the made Though the petitioner respondents, during hearing Court, without respondents to submitted by the petitioner. 3. , learned counsel for the petitioner requested this direction to the dated 26.03.2025 touching the merits of the case, fo issue a consider and dispose of the representation
On the other hand, learned Government Pleader for Revenue furnished written instructions dated 28.06.2025 issued by respondent No.5, wherein, the relevant portion of the said instructions is extracted hereunder;
4. Further, I submitted that the then Tahsildar, Pedavegi has mutated her name was noted as pattadar in web land adangal in R.S.No.1102/2 an extent of Ac.4.99 cents with Khata No. 1333 in the year 05.07.2012. To verify the connected survey No. in F.L.R. of Pedavegi village the D- form pattar name was not noted. To verify the F.M.B. of R. S. No. 1102 of Pedavegi Village Lader is not noted. Flence, F.M.B. is not genuine. Further, I submitted that the petitioner has produced connected document of her land In R.S.No.1102/2 to this office. To verified said records the Political Suffer Proof is not submitted. The correlation Statement is not traces in this office. 5. Learned Government Pleader for the respondents also submits that the respondents are ready to dispose of the representation dated 26.03.2025 submitted by the petitioner, pending with the authorities, within a reasonable time. 6. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a 2004(1) see 769
quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 26.03.2025 submitted by the petitioner, this Court find no other alternative except to issue such direction. In the result, with the consent of both the learned counsel, the writ
7.
petition is disposed of, directing the respondents to consider and dispose of the representation dated 26.03.2025 submitted by the petitioner, after providing opportunity of hearing to all the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTIOrrOFFICER To,
1. The Principal Secretary, Department of Lands and Revenue Department, State of Andhra Pradesh, Secretariat A.P, Velagapudi , Guntur District. 2. The District Collector, Eluru, West Godavari District. 3. The District Registrar, Eluru, West Godavari District. 4. The Sub Registrar, Eluru Division, West Godavari District. 5. The Tahsildhar, Pedavegi Village, Eluru Mandal. 6. One CC to Sri Medikonda Pranay Venkat Chowdary, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP Stamps and Registration, High Court of Andhra Pradesh [OUT]
9. Two CD Copies. u
HIGH COURT i DATED:30/06/2025 oTandw^
ORDER WP No.13734 OF 2025 -x: to, O ^ ^ . Current Section ^> DISPOSING OF THE W.P. WITHOUT COSTS