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2025 DAILYLAW 20644 (AP)

T CHANDRAKALA v. THE STATE OF AP

WP/14504/2025 · 2025-06-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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% .a APHC010289582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 14504 OF 2025 Between: Aged about 45 years, Occ; Agriculture R/o. Kaminayanapalli Village, Baireddipalle Mandal Chittoor District. T.Chandrakala, W/o. late T. Krishnappa ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Thasildar, Baireddipalle Mandal, Chittoor District. 5. T.Chandramma, W/o. late T.Mogilappa, Aged about 49 years, Occ: Agriculture R/o.Gangavaram Village, Post Mandal, Chittoor District. 6. K.Nagaraju, , S/o. late M. Krishnappa Aged about years, Occ: Agriculture R/o.Nidigunta Village, Peddapanjani Mandal, Chittoor District. ...Respondent(S): Petition under Article 226 of the Constitution of India is filed 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 declaring the action on the part of the respondent No.3 in entertaining an appeal in Roc.A/404/2025, for % cancellation of the Pattadar Pass Book and Title Deeds issued in the petitioner favor for the iand in an Sy No.554-1 in an extent of Ac.5.05 cents, of Devadoddi Viiiage fields, Baireddipalle Mandal, Chittoor District, of 09 years of issuance the after lapse as arbitrary, illegal, without jurisdiction same contrary to the procedure contemplated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act and Pattadar Pass Book Rules, 1989 and also the settled 1971 and A.P. Rights in Land principles of legal position apart from voilative and constitutional of the fundamental rights guaranteed to the petitioner under Articles 14,19 Constitution 21 and 300A of the of India and consequently declare that the Roc.A/404/2025 entertained by the respondent No.3 the Pattadar Pass Book and Title Deeds in the petitioner favor as without jurisdiction and the same is not maintainable. lA No: 1 OF appeal in against the issuance of Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in A/404/2025, on the file of respondent No.3 pending disposal of the above Writ Petition. Counsel for the Petitioner: Ms. S.PARINEETA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: The Court made the following: ORDER % APHC010289582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14504 OF 2025 Between: T Chandrakala ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: IS PARINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14504 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ 3 Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action on the part of the respondent No. 3 in entertaining an appeal in Roc. A/404/2025 for cancellation of the Pattadar Pass Book and Title Deeds issued in the petitioner favor for the land in an Sy. No. 554-1 in an extent of Ac. 5.05 cents of Devadoddi Village fields Baireddipalle Mandal, Chittoor District after lapse of 09 years of issuance the as arbitrary, illegal, without jurisdiction contrary to the procedure contemplated under the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and A.P Rights in Land and Pattadar Pass Book Rules 1989 and also the settled principles of legal position apart from voilative and constitutional of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently declare that the appeal in Roc. A/404/2025 entertained by the respondent No. 3 against the issuance of the Pattadar Pass Book and Title Deeds in the petitioner favor as without Jurisdiction and the same is not maintainable and pass such other order... ” same 2. Though the petitioner made several allegations against the respondents, during the course of hearing, learned counsel for the petitioner requested this Court without touching the merits of the case, to issue a direction to the 3'^^ respondent to dispose of the Appeal in Roc.A/404/2025 stating that keeping pending the same since long time is violative of principles of the Constitution of India, as speedy justice is also part of fundamental right as guaranteed under Constitution of India. 7^ 3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the Appeal Roc.A/404/2025, if any pending with the respondent authorities. 4. In view of the submission of Government Pleader for Revenue appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition. 5. 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 petitioner herself requested to issue a direction to dispose of the Appeal filed by the petitioner, I find no other alternative except to issue such direction. 6. In the result. Writ Petition is disposed of, directing the 3^'^ respondent to dispose of the Appeal Roc.A/404/2025 in accordance with law, within three (03) months from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand dosed. 2019(8) SCALE 544 Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// 'tv SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Thasildar, Baireddipalle Mandal, Chittoor District. 5. T Chandramma, W/o. late T.Mogilappa, Aged about 49 years, Occ: Agriculture R/o.Gangavaram Village, Post Mandal, Chittoor District. 6. K Nagaraju, S/o. late M. Krishnappa Aged about years, Occ; Agriculture R/o.Nidigunta Village, Peddapanjani Mandal, Chittoor District. 7. One CC to Ms. S.Parineeta, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. gi HIGH COURT DATED:23/06/2025 ORDER WP.No. 14504 of 2025 'PI■V g 16 SFP 2025 Current beciion , om DISPOSING OF THE WRIT PETITION WITHOUT COSTS