Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 13998 (AP)

AVUGADDI BENNAYYA NAIDU v. State of Andhra Pradesh,

WP/8989/2025 · 2025-04-08

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8989 OF 2Q2fi Between; Avugaddi Bennayya Naidu, S/o Late Joginaidu Aged 41 years Occ Cultivation, R/o HNo. 59-78. Kindi Street. Kusarlapudi Village Rolugunta Mandal, Anakapalli District. ’ ...Petitioner AND 1. state of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Guntur. 2. Joint Collector, Anakapalli District. 3. Appellate Authority cum District Revenue Officer, Anakapalli District. 4. Avugaddi Rajeswari, W/o Late Peddi Naidu, R/o Kusarlapudi Village, Ftolugunta Mandal, Anakapalli District. ...Respondents Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may a appropriate writ. Order or direction, particularly a Writ of Mandamus declaring the action of the respondent no. 2 in not disposing of the Revision Petition No. violative of Articles 14, 11/2024, as illegal, irregular and arbitrary 21 and 300-A of Constitution of India and r consequently direct the respondent No. 2 to decide the Revision Petition No. 11/2024 filed by the 4th respondent within time frame. 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 respondent No: 2 to decide the Revision Petition No; 11/2024 filed by the 4th respondent within time frame pending disposal of the above writ petition. Counsel for the Petitioner: SRI. M SOLOMON RAJU Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE The Court made the following order: APHC010170612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8989/2025 Between: Avugaddi Bennayya Naidu ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M SOLOMON RAJU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8989/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "...to issue a appropriate writ, Order or direction, particularly a Writ of Mandamus declaring the action of the respondent no. 2 in not disposing of the Revision Petition No. 11/2024, as illegal, irregular and arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent No. 2 to decide the Revision Petition No. 11/2024 filed by the 4’^ respondent within time frame and to pass...” Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the agricultural land admeasuring Ac.2-00 Cents in Sy.No.429-3 and Ac.0-82 Cents in Sy.No.387 and Ac.0-80 Cents in Sy.No.741 and Ac.0-28 Cents in Sy.No.423-1 of Kusalapudi Revenue Village, Rolugunta Mandal, Anakapalli District. The said lands were acquired under two different registered sale deeds by the petitioner’s father. Later, the petitioners father executed registered gift settlement deed on 30.04.2010 in petitioner’s favour. 4. Learned counsel for the petitioner further submits that while the settlement deed is in the petitioner’s favour, the 4*^ gift respondent managed to get her name mutated in the revenue records with regard to the lands pertaining to Ac.0-80 Cents in Sy.No.741 and Ac.0-28 Cents in Sy.No.423-1 of Kusalapudi Revenue Village, Rolugunta Mandal, Anakapalli District. At this juncture, the petitioner came to know about the revenue entries being mutated in the name of the 4*'^ respondent. Thereafter, the petitioner preferred appeal before the 5**^ respondent stating that the lands mutated in the name of the 4**^ respondent, are on account of error on the part of the Revenue Authorities and also produced the registered gift settlement deeds which in his favour. The said appeal was dealt by the 3'^'^ respondent and cancelled the pattadar passbooks issued in favour of the 4‘^ respondent vide orders dated 02.08.2024. The 4'*' respondent filed a revision on 27.08.2024 before the 2"^^ respondent and the petitioner received notices for which, the petitioner appeared before the 2"^ respondent and the same is pending. Hence, the present Writ Petition is filed to dispose of the Revision Petition filed by the 4*'' respondent. an were 4. Learned Government Pleader for Revenue appearing for the respondents readily agreed to dispose of the revision petition submitted by the 4*" respondent, pending with the authorities, 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. wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, u, P.Venkatesh 2004(1) see 769 4 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 revision petition, this Court find no other alternative except to issue such direction. Accordingly, the present Writ Petition is disposed of, directing respondent No.2 to dispose of the revision petition filed by the 4*^ respondent, after providing an opportunity of hearing to the parties concerned, within a 6. 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. ASSISTANT REGIST& XR //TRUE COPY// SE IGN OFFICER To, 1. The PrI. Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur. 2. The Joint Collector, Anakapalli District. 3. The Appellate Authority cum District Revenue Officer, Anakapalli District. 4. One CC to Sri. M Solomon Raju Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC « HIGH COURT DATED:08/04/2025 ORDER WP.No.8989 of 2025 Of g 17 AM 2625 ^ . Current iieetion DISPOSING OF THE WP WITHOUT COSTS