Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 19430 (AP)

K SATYA BHARATHI v. THE STATE OF AP

WP/16130/2025 · 2025-07-02

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

* APHC010270162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i THURSDAY. THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16130 OF 2025 Between: 1. K. Satya Bharathi, W/o. Jagannadha Kumar, aged about 55 years, Hindu, R/o. 8-157, Yellamamba Colony, Jami Village, Jami Mandalam, Vizianagaram District. 2. Chakrapani Satya Sivakumar, S/o. late Venkata Raghavarao, aged 48 R/o. Yellamamba Colony, Jami Village, Jami Mandalam years, Vizianagaram District. 3. Smt. Godasakurti Ramadevi, W/o. Prasada Rao, aged about 60 years, R/o. Yellamamba Colony, Jami Village, Jami Mandalam, Vizianagaram District. 4. Smt. NemaniArunaKumari, W/o. Ramamurty, aged about 54 years, R/o. Yellamamba Colony, Jami Village, Jami Mandalam, Vizianagaram District. 5. Smt.Perepa Gayathri Devi, W/o. Srinivasa Rao, aged 53 years, R/o. Yellamamba Colony, Jami Village, Jami Mandalam, Vizianagaram District. 6. Sri Chakrapani Venkata Satyanarayana Srinivas, S/o. late Narayana Rao, aged 60 years. R/o. Yellamamba Colony, Jami Village, Jami Mandalam Vizianagaram District. 7. Sri Chakrapani Venkata Subramanya Swamy,, S/o. late Narayana Rao, R/o. Yellamamba Colony, Jami Village, Jami aged about 57 years, Mandalam Vizianagaram District. « > 8. Smt. Stya Venkata Sai Naga Jagan Mohini Jyothi, W/o. Rama Joga Rao. Aged about 28 years, R/o. Yellamamba Colony, Jami Village, Jami Mandalam, Vizianagaram District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Cantonment, Vizainagaram, Vizianagaram District. 3. The Revenue Divisional Officer, Vizainagaram, Vizainagaram District. 4. The Tahsildar, Jami Mandalam, Vizainagaram 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 on appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings R.C.No. 146 /- 2022/SA Dated 10-06-2024 of the 4*^ respondent endorsement that the request of the petitioners for issuance of pattadar pass book and title deeds may not be consider the land an extent 89-91 cents in survey No. 460 of jamivillage and Mandal, vizianagaram District, as illegal, arbitrary, unjust, unsustainable and contrary to law and violation of Article 14,16 and 300 A of the constitution of India and set aside the same and consequently, direct the respondents to issue pattadar pass book and title deeds to the land an extent of Ac. 57-34 cents in survey No. 460 of jami village and Mandal, Vizianagaram District. As per the form VIII ryotwari patta issued to the predecessor of the petitioners vide proceedings R.C.No.4292/62/H C Dated 06-10-1962 by in amtahasildar S.Kota. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to conduct survey/sub division in survey No. 460 and to issue pattadar pass book and title deeds to an extent of AC. 57-34 cents in survey No. 460 of jami village and Mandal as perform VIII ryotwaripatta issued in favor of the predecessor of the petitioners by proceedings number 4292/62/HC Dated 06-10-1962. of inam tahasildar pending writ petition. Counsel for the Petitioners: SRI ARAVALA RAMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following order: u APHC010270162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16130/2025 Between: 1.K SATYA BHARATHI, W/0. JAGANNADHA KUMAR, AGED ABOUT 55 YEARS, HINDU, R/0. 8-157, YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM, VIZIANAGARAM DISTRICT. 2.CHAKRAPANI SATYA SIVAKUMAR, S/0. LATE VENKATA RAGHAVARAO, AGED 48 YEARS, R/0. YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM, VIZIANAGARAM DISTRICT. 3.SMT. GODASAKURTI RAMADEVI, W/0. PRASADA RAO, AGED ABOUT 60 YEARS, R/0. YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM, VIZIANAGARAM DISTRICT. 4.SMT. NEMANIARUNAKUMARI, W/0. RAMAMURTY, AGED ABOUT 54 YEARS, R/0. YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM, VIZIANAGARAM DISTRICT. 5.SMT.PEREPA GAYATHRI DEVI, W/0. SRINIVASA RAO, AGED 53 JAMI VILLAGE, JAMI YEARS, R/O. YELLAMAMBA COLONY, MANDALAM, VIZIANAGARAM DISTRICT. 6. SRI CHAKRAPANI VENKATA SATYANARAYANA SRI NIVAS, S/0. LATE NARAYANA RAO, AGED 60 YEARS. R/O. YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM DISTRICT. VIZIANAGARAM 7.SRI CHAKRAPANI VENKATA SUBRAMANYA SWAMY,, S/0. LATE NARAYANA RAO, AGED ABOUT 57 YEARS, R/O. YELLAMAMBA COLONY, JAMI VILLAGE, JAMI MANDALAM VIZIANAGARAM 2 DISTRICT. STYA VENKATA SAI NAGA JAGAN MOHINI JYOTHI, W/0. JOGA RAO. AGED ABOUT 28 YEARS, R/0. YELLAMAMBA JAM I MANDALAM, VIZIANAGARAM 8.SMT. RAMA COLONY, JAMI VILLAGE, DISTRICT ...PETITIONER(S) AND , PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, 1.THE STATE OF AP, REP. BY ITS REVENUE DEPARTMENT A.P. AMARAVATHI. 2.THE DISTRICT COLLECTOR, CANTONMENT VIZIANAGARAM DISTRICT. VIZAI NAG ARAM, VIZAI NAG ARAM, OFFICER, DIVISIONAL 3.THE REVENUE VIZAINAGARAM DISTRICT. TAHSILDAR, JAMI MANDALAM, VIZAINAGARAM DISTRICT. ...RESPONDENT(S): 4.THE Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be direction more Petition under circumstances stated in appropriate writ order or pleased topleased to issue . particularly one in the nature of writ of Mandamus declaring the proceedings R C No 146 /-2022/SA Dated 10-06-2024 of the 4rt respondent endorsement book and title on that the request of the petitioners for issuance of pattadar pass deeds may not be consider the land an extent 89-91 cents in survey No. 460 of jamivillage and Mandal, vizianagaram District, as illegal, arbitrary, unjust unsustainable and contrary to law and violation of Article 14,16 and 300 A of the constitution of India and set aside the same and consequently, direct the respondents to issue pattadar pass book and title deeds to the land an extent of Ac. 57-34 cents in survey No. 460 of jami village and Mandal, Vizianagaram District. As per the form VIII ryotwari patta issued to the predecessor of the petitioners vide proceedings R.C.N0.4292/62/H C Dated 06-10-1962 by in amtahasildar S.Kota And pass 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 3 Pleased to direct the respondents to conduct survey/sub division in survey No. 460 and to issue pattadar pass book and title deeds to an extent of AC. 57-34 cents in survey No. 460 of jami village and Mandal as perform VIII ryotwaripatta issued in favor of the predecessor of the petitioners by proceedings number 4292/62/HC Dated 06-10-1962. Of inam tahasildar pending writ petition and and pass Counsel for the Petitioner(S): 1. ARAVALA RAMA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16130/2025 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 declaring the proceedings in R.C.No.146/2022/SA dated 10.06.2024 of the 4^ respondent endorsement that the request of the petitioners for issuance of pattadar pass book and title deeds may not be consider the land an extent Ac. 89.91 cents in survey No.460 of jamivillage and Mandal, vizianagaram District as illegal, arbitrary, unjust, unsustainable and contrary to law and violation of Article 14, 16 and 300 A of the constitution of India and set aside the same and consequently direct the respondents to issue pattadarpass book and title deeds to the land an extent of Ac.57.34 cents in survey No.460 of Jami Village and Mandal, Vizianagaram District as per the form VIII ryotwari patta issued to the predecessor of the petitioners vide proceedings R.C.No.4292/62/HC dated 06.10.1962 by inam Tahasildar S.Kota and pass such other order. ” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents. 3. 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 respondents to consider the representation dated 24.02.2024. 5 4. Learned Assistant Government Pleader for Revenue readily agreed to consider the representation dated 24.02.2024, 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.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 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 24.02.2024, this Court find no other alternative except to issue such direction. 6. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 24.02.2024 redressing the grievance of the petitioners, after providing opportunity of hearing to the parties concerned, within a period of six(6) months from the date of receipt of a copy of this order. There shall be no order as to costs. 2019 (8) SCALE 544 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- P. VINOD KUIVIAR ^SSlSTAi^T REGiSTRAR OFFICER //TRUE COPY// ECTI To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Cantonment, Vizainagaram, Vizianagaram District. 3. The Revenue Divisional Officer, Vizainagaram, Vizainagaram District. 4. The Tahsildar, Jami Mandalam, Vizainagaram District. 5. One CC to Sri Aravala Rama Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT A 1 DATED:03/07/2025 ORDER WP NO. 16130 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS .i