Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 14832 (AP)

BANDARU SESHAIAH v. The State of Andhra Pradesh,

WP/9546/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF MAY i TWO THOUSAND AND TWENTY FIVE PRESENT 1 V-'" P V ■ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9546 OF 2025 V-'"' ? H Between; 1. Bandaru Seshaiah, s/o B.Pullaiah, aged about 50 agriculture, v 2. Syed Shaikshavali @ S.Md Vali, s/o S.Rehman Aged about 41 occ. Agriculture 3. Magunta Suneetha, w/o Magunta Viswanadha Reddy Aged about 38 years, occ. Agriculture All are r/o A.Gokulapadu village, Kallur Mandal, Kurnool District, V" years, occ. years. V/-' ...PETITIONERS I AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Rev^ue (Regsistration and Stamps) Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Kurnool District, Kurnool. ' ^ 3. The District Registrar (MV and A) and Convenor, For M.V. Rectifiacation Committee 2nd floor, A.P. Housing Board Complex Abbas Nagar, Kurnool. V. ■ 4. The Revenue Divisional Officer, and The Member, MV Anomaly ^ " Rectification Committree for Rural Areas, Kurnool, Kurnool, Kurnool ’^‘Dfstrict. .S' f ■ / -S'. •t »k’ i'l 51, tjhife Sub-Registrar, Kallur Kurnool District. «v' „ ' ^ 6. 'The Tahsildar, Kallur Mandal, Kurnool 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent No. 2 to 5 herein herein in taking steps to fix the Market Value of the lands in Sy.Nos. .109/2A, 109/2B and 112/IB situated at A.Gokulapadu village, Kallur Mandal Kurnool Disrict as Agriculture instead of non-agriculture (Sq. Yards basis) inspite of the detailed report of the 6th respondent bearing Rc. B.533/2021 dt. 18- 12-2021, clarifying that the said lands are agriculture lands, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent Nos. 3 and 5 herein to rectify the records and to notify the above mentioned lands as agriculture land instead of non-agriculture, and to grant 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 pass orders directing the Respondent No.2 herein to consider and take appropriate action pursuant to the representation dt. 23-12^024 in accordance with Law, by considering the reports of the Respondent No. 4 and 6, pending disposal of the main Writ Petition. f Counsel for the Petitioner(s): SRI. BABUJI TENNETI Counsel for the Respondent No. STAMPS / Counsel for the Respondent The Court made the following: 1: GP FOR REGISTRATION AND Nos.2 to 6: GP FOR REVENUE ORDER APHC010185342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: qfi4R/9n9i; [3329] MAY Between: Bandaru Seshaiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.BABUJI TENNETI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: ...RESPONDENT(S) TS THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO:954fi/?n?<^ NIMMAGADDA ORDER: The present writ petition is fited under Article 226 of the Constitution of India seeking following relief: issue an appropriate Writ, Order or Direction more particularly one In the nature of Writ of Mandamus declare the inaction of the respondent Nos. 2 taking steps to fix the Market Value Sy.Nos. 109/2A, to to 5 herein in of the lands In 109/2B and 112/IB situated at A.Gokulapadu village, Kallur Mandal, Kurnool District Agriculture instead of as non-agriculture (Sq. Yards basis) inspite of the detailed report of the respondent bearing Rc.B.533/2021, dt.18.12.2021, clarifying that the said lands are agriculture lands, as being illegal, arbitrary, unjust unconstitutional and consequently direct the Nos. 3 and 5 herein to rectify the records above mentioned lands as agriculture land instead of and respondent and to notify the non agriculture and to grant such other order or orders. 2. Heard learned counsel for the petitioners and iearned Government Pleader for Revenue for the respondents. 3. Though the petitioners made respondents, during hearing, learned several allegations against the counsel for the petitioners requested this Court, without touching the merits of the case, to issue a v.. TWf direction to the respondents to consider and dispose of the representation dated 23.12.2024 submitted by the petitioners. 4. On the other hand, learned Government Pleader for Revenue for the respondents readily agreed to dispose of the representation submitted by the petitioners, if any, 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. P.Venkatesh i„ 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 petitioners himself requested to issue a direction to dispose of the representation dated 23.12.2024, this Court find no other alternative except to issue such direction. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 23.12.2024 submitted by the petitioners, after 6. 2004 (1) see 769 providing opportunity of hearing to all the parties concerned period of six (06) weeks from the date of There shall be no order as to costs. within a receipt of a copy of this order. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// /r ^ SECTION OFFICER To, 1. The Principal Secretary, Revenue (Regsistration an^tamps) Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Kurnoo! District, Kurnool. 3. The District Registrar (MV^nd A) and Convenor, For M.V. Rectifiacation Committee 2nd floor, A.P. Housing Board Complex Abbas Nagar, Kurnool. _ -f 4. The Revenue Divisional Officer; and The Member, MV Anomaly Rectification Committree for Rwral Areas, Kurnool, Kurnool, Kurnool District. ^ 5. The Sub-Registrar, Kallur Kurnool District, 6. The Tahsildar, Kallur Mandal, Kurnool District.u--^ 7. One CC to Sri. Babuji Tenneti^Advocate [OPUC] 8. Two CCs to GP For Registratidn And Stamps ,High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP For RevenueYhigh Court of Andhra Pradesh [OUT]. Three CD Copies 10. AL o HIGH COURT CC DATED:07/05/2025 ORDER 2» WP.No.9546 of 2025 5 2IMAr 2025 n ^ . Current Section If DISPOSING OF THE W.P. WITHOUT COSTS