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2025 DAILYLAW 17657 (AP)

BATTA VENKATA RATHNAM @ RATTAIAH v. THE STATE OF ANDHRA PRADESH

WP/12539/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) v,/' WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE t/ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12539 OF 2025 Between: Batta Venkata Rathnam @ Rattaiah, NS/o. Juvvaiah @ Chinna Juvvaiah, Aged about 51 years, Occ-Cultivation, R/o. D.No C - 136, Kotha Harijana Wada, Chaganam Village, Sydapuram Mandal, SPSR Nellore District ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principai Secretary, Department of ReveYme, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District at Neliore 3. The Revenue Divisional Officer, G.udur Revenue Division, SPSR Nellore District v/ . 4. The Tahsildar, Sydapuram Mandal SPSR Nellore District l/ v/ 5. Ganta Chennaiah, S/o. Lakshmaiah, Aged about 52 years, Occ Cultivation R/o. D.No C - 066, Harijanawada, Chaganam Village Sydapuram Mandal, SPSR Nellore 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 the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to direct the 4th Respondent to give the opportunity to the ‘ ; I Petitioner in the enquiry along with the 5th r regard to possession of an extent of Ac. f.20 R^ondent to trace out the truth with —' cents in Survey No, 516 - P situated at Chaganam Village, Sydapuram Mandal, SPSR Nellore District based ^ on the Orders of this Hon’ble Court passed in WP No. 6702 / 2025 dated 13.03.^25 in favour of the 5th Respondent, subsequently to direct the 4th Respondent to pass appropriate Orders as per law. ^ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidaviMiled in support of the petition, the High Court may be pleased to direct the 4th Respondent not to pass any Orders in favour of the 5th Respondent based on the Orders of this Hon’ble Court passed in W.P No. 6702 / 2025 dated 13.03.2025 pending disposal of the Writ Petition.'^ Counsel for the Petitioner(s): SRI. K RAMA KOTESWARA RAO Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: NONE APPEARED The Court made the following: ORDER ^ APHC010241082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12539/2025 Between: ...PETITIONER Batta Venkata Rathnam @ Rattaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 U'-' THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12539/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ‘‘to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus direct the 4‘^ respondent to give the opportunity to the petitioner in the enquiry along with the 5'^ respondent to trace out the truth with regard to possession of an extent of Ac.1.20 cents in Survey No. 516- P situated at Chaganam Village, Sydapuram Mandal, SPSR Nellore District based on the orders of this Hon’ble Court passed in W.P.No.6702 of 2025 dated 13.03.2025 in favour of the 5^^ respondent subsequently to direct the 4^^ respondent to pass appropriate orders as per law and pass such other order. ” Heard the learned counsel for the petitioner and the 2. learned Government Pleader for the respondents. th 3. Learned counsel for the petitioner submits that the 5 respondent herein filed Writ Petition No.6702 of 2025 challenging the notice issued by the 4*^ respondent in respect of the land admeasuring to an extent of Ac. 1.07 cents in Sy.No.516-P6, Changanam Village, Sydapuram Mandal, SPSR Nellore District, wherein at the admission stage after hearing the matter, this Court was pleased to pass an order dated 13.03.2025, which is extracted hereunder: ‘‘In that view of the matter, the present Writ Petition is disposed of, directing the petitioner to submit explanation within a period of two(2) weeks from the 3 date of receipt of copy of the order and upon such submission, the 4^^ respondent is directed to conduct an enquiry and pass appropriate orders after affording an opportunity of being heard to the petitioner. Till then, the respondent is directed not to take any coercive steps, against the petitioner. ” 4. Pursuant to the orders of this Court dated 13.03.2025, without hearing the petitioner herein, if the 4'^ respondent passes any order, the petitioner will suffer irreparable loss and hardship. Hence, it is prayed that the petitioner herein should be heard by the 4*^ respondent along with the 5'^ respondent while complying the orders dated 13.03.2025 of this Court passed in W.P.No.6702 of 2025. Hence, the present Writ Petition. 5. On the other hand, learned Government Pleader for the th respondents furnished written instructions issued by the 4 respondent dated 05.05.2025, wherein it is stated as follows: “It is submitted that, in pursuant to the orders of the Hon’ble High Court dated 13.03.2025 W.P.No.6702/2025, the writ petitioner i.e., Ganta Chennaiah not filed any explanation before the 4 respondent. It is submitted that, in this instant case action will be initiated strictly in accordance with law and affording opportunity to the both the writ petitioner and 5 respondent herein." 6. Having regard to the submissions made by the learned in th th counsel for the petitioner and on perusal of the written instructions 4 furnished by the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the writ petition directing the 4'*^ respondent herein while considering the claim of the respondent herein/petitioner in \^.P.No.6702/2025 pursuant to the orders of this Court dated 13.03.2025, the claim of the petitioner herein shall also be considered along with the 5 herein/petitioner therein, after providing opportunity of hearing to the petitioner herein along with the 5*'' respondent and pass appropriate orders, in accordance with law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. th respondent PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, The Principal Secretaiy, Department of pfevenue, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, SPSR Nellore District at Neliore The Revenue Divisional Officer, Gudur Revenue Division, SPSR Nellore District The Tahsildar, Sydapuram'l^andal SPSR Nellore District One CC to Sri. K Rama K(^swara Rao, Advocate [OPUC] Two CCs to GP For Revenue ,High Court Of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. 7. AL cc HIGH COURT DATED:07/05/2025 ORDER * 21 may 2025 Current section ^ WP.No.12539 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS