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2025 DAILYLAW 12090 (AP)

DARURU JAYASUDHA v. The State of Andhra Pradesh,

WP/7266/2025 · 2025-03-20

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7266 OF 2025 Between: 1. Daruru Jayasudha, W/o Jaya Simha Rao, aged about 49 years, Occ. House Wife Presently Residing at Flat No 402, Sai Anad Residency, Sarraju V Officers Colony, R.K Puram, Secundrabad, Hyderabad, Telangana State -500056, Permanent Address. Apparaju Peta, Itimarpuram, Kattavaripalli, Annamaiah Dt (Erstwhile Kadapa Dt). 2. Kollapaneni Jaya Prakash, S/o Narasaiah Naidu, Aged about 42 years, R/o Apparaju Peta, Itimarpuram, Kattavaripalli, Annamaiah Dt (Erstwhile Kadapa Dt.) 3. Kollapaneni Jaya Chandra, S/o Narasaiah Naidu, Aged about 47 R/o D.No 3-39, Apparaju Peta, Itimarpuram, Kattavaripalli, Annamaiah Dt (Erstwhile Kadapa Dt.) 4. Kollapaneni Shusheelamma, W/o Narasaiah Naidu, Aged about 69 Occ. cultivation R/o D.No 3-30, Apparaju Itimarpuram, Kattavaripalli, Annamaiah Dt (Erstwhile Kadapa Dt.) years. years. ...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, Penagalur Mandal, Annamaiah District, A.P 5. The Village Revenue Officer (VRO), Apparaju Peta Village, Penagalur 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 Mandamus in declaring the action of Respondents, in interfering with the Possession and enjoyment of the Petitioners lands admeasuring an extent of Ac.3.36 Cents, situated in Survey No.743-2, extent of Ac.4.40 situated in Survey No.742-2,exent of Ac.3.71 situated in Survey No. 672 and extent of Ac.4.60 situated in Survey No.443-2 of Itimarpuram revenue Village, Penagalur 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.3.36 Cents, situated in Survey No.743-2, extent of Ac.4.40 situated in Survey No.742-2,exent of Ac.3.7T situated in Survey No. 672 and extent of Ac.4.60 situated in Survey No.443-2 of Itimarpuram revenue Village, Penagalur Mandal, Annamaiah District Andhra Pradesh, without following due process of law. K- 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 Petitioner in his lands admeasuring an extent of Ac.3.36 Cents, situated in Survey No.743-2, extent of Ac.4.40 situated in Survey No.742-2,exent of Ac.3.71 situated in Survey No. 672 and extent of Ac.4.60 situated in Survey No.443-2 of Itimarpuram Revenue Village, Penagalur Mandal, Annamaiah District Andhra Pradesh. Counsel for the Petitioners: SRI K. VENKATA SUBBAIAH Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER ::1:: w APHC010141772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginaUurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7266/2025 Between: ...PETITIONER(S) Daruru Jayasudha and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.K VENKATA SUBBAIAH Counsel for the Respondent(S): 1.GPFOR REVENUE 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7266/2025 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 in declaring the action of Respondents in interfering with the Possession and enjoyment of the Petitioners lands admeasuring an extent of Ac 3.36 Cents situated in Survey No.743-2, an extent of Ac 4.40 cents situated in Survey No.742-2, extent of Ac.3.71 cents situated in Survey No.672 and extent of Ac 4.60 cents situated in Survey No.443-2 of Itimarpuram Village, Penagalur 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 their lands admeasuring . extent of Ac 3.36 cents situated in Survey No.743-2, an extent of Ac 4.40 cents situated in Survey No.742-2, an extent of Ac 3 71 cents situated in Survey No.672 and an extent of Ac 4.60 cents situated in Survey No.443-2 of Itimarpuram revenue Village, Penagalur Mandal, Annamaiah District, Andhra Pradesh without following due process of law and pass..’’ an revenue an Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the 2. 3 respondents to dispose of the representation dated 05.03.2025 of the Petitioners. 3. Learned Government Pleader for Revenue readily agreed to dispose of the representations of the petitioners dated 05.03.2025, if any pending with the authorities. 4. 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 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 05.03.2025, this Court find no other alternative except to issue such direction. 5. In the result, the writ petition is disposed of, directing the respondents to dispose of the representation dated 05.03.2025 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 3.36 Cents situated in Survey No.743-2, an extent of Ac 4.40 cents situated in Survey No.742-2, an extent of Ac.3.71 cents situated in Survey No.672 and extent of Ac 4.60 cents situated in Survey No.443-2 of Itimarpuram Village, Penagalur Mandal, Annamaiah District, Andhra Pradesh as well as entries already existing in the revenue records. Consequently, interlocutory applications pending, if any, shall also i'w revenue stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur Distnct 2 The District Collector of Annamaiah District, Raya Chot,, Annamaiah To, District A. P. 3. The Sub collector, O/o Revenue Annamaiah District, A.P 4. The Tahsildar, Penagalur 5. The Village Revenue Officer Divisional Office, Rajampet, Mandal, Annamaiah District, A.P (VRO), Apparaju Peta Village,Penagalur Mandal, Annamaiah District 6 One CC to Sri K. Venkata Subbaiah, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue 8. Three CD Copies. ssb HIGH COURT DATED:20/03/2025 ORDER X 26 MAR 2025 « o ^ ^ . Current Section OV WP.No.7266 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS