Chirgurupati Harinath Naidu v. The State of Andhra Pradesh,
WP/7244/2025 · 2025-03-20
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12076 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12076 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7244 OF 2025 Between:
1. Chirgurupati Harinath Naidu, S/o Ramaiah Aged about 60 years, Occ: Cultivation, Present residing at D.No 1/85, Chitvel (M and T), Annamaiah District. Pemanent address is D.No 3-2A-1, Apparaju Peta, Itimarpuram, Kattavaripalli, Annamaiah Dt (Erst while Kadapa Dt.)
2. Chigurupati Srilakshmi, D/o C. Harinath Naidu, Aged about 30 years, R/o D.No 1/85, Chitvel (M and T), Annamaiah Dt, Andhra Pradesh. ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District
2. The District Collector of Annamaiah District, Raya Choti, Annamaiah District, A.P.
3. The Sub collector, O/o Revenue Divisional Office, Rajampet, Annamaiah District, A.P
4. The Tahsildar, Chitvel Mandal, Annamaiah District, A.P
5. The Village Revenue Officer (VRO), Malemarpuram Village, Chitvel Mandal Annamaiah District ...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 an order or direction, more in the nature of Writ of IV^ndamus in declaring the action of Respondents, in interfering with the I^bssessiqn and enjoyment of the Petitioner's lands admeasuring an extent i '‘Qf^' Ac.S;39 Cents, situated in Survey No.2233 , extent of Ac. 1.51 situated in Survey No.2234/1 of Malemarpuram Revenue Village, ChitevI Mandal, Annamaiah District, Andhra Pradesh, without issuing the proceedings and without following due process of law as wholly illegal, arbitrary, unjust, untenable, without jurisdiction, contrary to principles of Natural Justice, besides being violative of Article 14, 21 and 300-A of Constitution of India and Consequently direct the Respondents herein not to dispossess the Petitioners herein from his lands admeasuring an extent of Ac.3.39 Cents, situated in Survey No.2233 extent of Ac. 1.51 situated in Survey No.2234/1 of Malemarpuram Revenue Village, ChitevI Mandal, Annamaiah District, Andhra Pradesh, without following due process of law. 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 not to interfere with the possession and enjoyment of the Petitioners in their lands admeasuring an extent of Ac.3.39 Cents, situated in Survey No.2233, extent of Ac.
1.51 situated in Survey No.2234/1 of Malemarpuram Revenue Village, ChitevI Mandal, Annamaiah District, Andhra Pradesh. Counsel for the Petitioner: SRI. K VENKATA SUBBAIAH Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
::1:: APHC010141842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7244/2025 Between: Chirgurupati Harinath Naidu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.K VENKATA SUBBAIAH Counsel for the Respondent(S):
1.GP FOR REVENUE
::2:: 0^ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7244/2025 This Court made the following
ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners for the following relief;
“..to issue an
order or direction more in the nature of Writ of Mandamus declaring the action of Respondents in interfering with the Possession and enjoyment of the Petitioners’ lands admeasuring an extent of Ac.3.39 Cents situated in Survey No. 2233, an extent of Ac.1.51 cents situated in Survey No.2234/1 of Malemarpuram Revenue Village, Chitvel Mandal, Annamaiah District, Andhra Pradesh without issuing the proceedings and without following due process of law as wholly illegal, arbitrary, unjust, untenable without jurisdiction, contrary to principles of Natural Justice, besides being violative of Article 14, 21 and 300A of Constitution of India and Consequently direct the Respondents herein not to dispossess the Petitioners herein from his lands admeasuring an extent of Ac 3.39 Cents situated in Survey No.2233, an extent of Ac 1.51 cents situated in Survey No.2234/1 of Malemarpuram Revenue Village, Chitvel Mandal, Annamaiah District Andhra Pradesh without following due process of law and pass..” Though the petitioners made several allegations against the
2. respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the
::3:: respondents to dispose of the representation dated 06.03.2025 of the Petitioners. Learned Government Pleader for Revenue readily agreed to dispose of
3. the representation of the petitioners dated 06.03.2025, if any pending with the authorities. In view of the submission of the learned Government Pleader for
4. 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 quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representation dated 06.03.2025, this Court find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the respondents to
5. dispose of the representation dated 06.03.2025 of the Petitioners within three (03) months from the date of receipt of a copy of this order by passing a speaking order.
Till then, respondents are directed not to interfere with the 2019(8) SCALE 544
4 peaceful possession and enjoyment of the Petitioners’ lands admeasuring an extent of Ac.3.39 Cents situated in Survey No. 2233, an extent of Ac.1.51 cents situated in Survey No.2234/1 of Malemarpuram Revenue Village, Chitvel Mandal, Annamaiah District, Andhra Pradesh as well as entries already existing in the revenue records. Consequently, interlocutory applications pending, if any, shall also stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District
2. The District Collector of Annamaiah District, Raya Choti, Annamaiah District, A.P.
3. The Sub collector, O/o Revenue Divisional Office, Rajampet, Annamaiah District, A.P
4. The Tahsildar, Chitvel Mandal, Annamaiah District, A.P
5. The Village Revenue Officer (VRO), Malemarpuram Village, Chitvel Mandal Annamaiah District. V
6. One CC to Sri. K Venkata Subbaiah Advocate [OPUC]
7. TwoCCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies GSC
% HIGH COURT DATED:20/03/2025
ORDER WP.No.7244 of 2025 X 2 6 MAR 2025 a to, Current Section DISPOSING OF THE WP WITHOUT COSTS