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2025 DAILYLAW 16558 (AP)

Thoti Nagarathnamma, v. The State of Andhra Pradesh

WP/13608/2025 · 2025-06-15

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010220752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13608/2025 Between: Thoti Nagarathnamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:13608 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “pleased to issue a Writ, order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondent in not completing the enquiry initiated vide proceedings in ROC.A2/3825/2020 dated 13.10.2020 against the 6th to 12th respondents in respect of the land inrespect of Katha No.161 in Sy.Nos 115/11D, 125/8F, 125/9E, 142/1A, 142/3D, 147/1J, 147/3B 147/9C, 148/11A, 148/4A, 148/6B, 153/8D, 244/21A, 244/4A 244/7C, 251/10D, 274/IB, 274/3A, 279/2D, katha No.162 in Sy.No.125/11, 125/9, 142/1, 142/3C, 147/IK, 147/3C, 148/11C 148/4D, 148/6C, 153/8B, 227/2F, 244/21B, 244/4A, 244/7D 251/10, 274/10, 274/3B, 279/2E, 282/IF, Katha No.163 in Sy.No.125/11A, 125/8, 125/9A, 142/1A, 142/3, 142/3A, 147/1A, 148/11, 148/4A, 148/6E, 153/8A, 227/2J, 244/21 244/4E, 244/7, 251/10A, 274/1, 274/3A, 279/2, 282/1 and katha No.164 in Sy.No.125/1IF, 125/9H, 142/ID, 142/3B 147/1L, 147/3D, 148/1IB, 148/4B2, 153/8E, 144/21D, 244/4D 244/7A, 251/10B, 274/1A, 274/3D, 279/2G, 282/ID of Menaki Village And post Ramasamudram Mandalam, Punganur Taluk, Andhra Pradesh in issuing the pattadar pass books and title deed to 6th to 12th Respondent therefore without following the procedure contemplated under the provisions of the A.P Rights in Land and Pattadar Pass Books Act and Rules framed there under is illegal arbitrary, violative principles of Natural Justice, violative of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules made there under and Art 300-A of the Constitution of India and the ratio laid down in 2007(6) ALD 348 and consequently direct the respondents i.e 3rd respondent to complete the enquiry and pass orders restoring the name of the petitioner in the revenue records in respect of the above land within a time bound programme and pass and pass.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3 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 dispose of the appeal dated 13.10.2020 preferred by the petitioner. 4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the appeal, if any pending with the respondents. 5. In view of the submission of the learned Assistant 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 appeal, this Court find no other alternative except to issue such direction. 6. In the result, the Writ Petition is disposed of, directing the 3rd respondent to consider and dispose of the appeal, dated 13.10.2020 along with the Interlocutory Application preferred by the petitioner before the 3rd respondent, after providing 1 2019 (8) SCALE 544 4 opportunity of hearing to the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.06.2025 TTM M 5 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13608/2025 16.06.2025 TTM M