Devarakonda Kasappa v. The State of Andhra Pradesh,
WP/7374/2025 · 2025-03-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12078 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12078 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010141102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7374/2025 Between: Devarakonda Kasappa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. UMASANKAR LOKANADHAM Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7374/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“…to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents not granting the subject land by issuing D Patta under land less poor and Scheduled Tribe quota an extent of Ac.4.99 cents in Sy.No.70/2 situated in Battalapalli revenue village and Mandal of Ananthapur district as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustainable and direct the Respondents to conduct proper enquiry and allot the subject land by granting D Patta to the petitioner and to pass such other order or orders….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representations dated 03.12.2024 and 06.02.2025 submitted by the petitioner
4. Learned Government Pleader for Revenue furnished on record the written instructions dated 20.03.2025 issued by respondent No.4, wherein, the operative portion of the said instructions reads as follows:
“Further, it is submitted that as verified the web land details the land in Sy.No.70-2 Extent 5.47 Acres was entered in the name of Budagala Loknath S/o Ramachandrappa vide IB.No.193 on dated 10.07.2013 and as per the orders of the Revenue Divisional Officer, Dharmavaram the subject land was kept as Surplus land on dated
25.06.2022. Now the present writ petition Sri Devarakonda Kasappa S/o.Kishtappa has given representation to the Tahsildar, Bathalapalli on dated 06.02.2025 for grant of D-patta for the land in Sy.No.70/2 extent of 5.47 Acres of Bathalapalli Village and Mandal. But Sri Gangu Khasimvalli S/o Fakruddin has filed a writ petition in W.P.No.7011 of 2023 before the Hon’ble High Court of Andhra Pradesh, Amaravathi for issue of pattadar passbooks for the land in same land in Sy.No.70/2 extent 5.47 Acres and the case is still pending for adjudication.
As verified on ground Sri Budagala Loknath S/o. Ramachandrappa was in enjoyment of the same land from past 14 years and previous he has obtained pattadar passbooks for the subject land vide I.B.No.193.” He further submits that representations dated 03.12.2024 and 06.02.2025 submitted by the petitioner would be considered by the respondents, in accordance with law, within a reasonable time. 5. 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.Venkatesh1”, 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 not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations dated 03.12.2024 and 06.02.2025, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the representations dated 03.12.2024 and 06.02.2025, after providing opportunity of hearing to all the parties concerned, within a period of three (03) 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.
_______________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 BSP
1 2004 (1) SCC 769
93 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7374 of 2025
24.03.2025 BSP