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2025 DAILYLAW 20656 (AP)

RAZIYA BEGUM v. THE STATE OF ANDHRA PRADESH

WP/14509/2025 · 2025-06-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010290322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF ^ TWO THOUSANDAND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 14509 OF JUNE NIMMAGADDA Between: Raziya Begum, W/o. Janni Basha Aged about 49 Years, Occ: Agriculture R/at. G,ddegan,penta Village, Kangundi Post, Kuppam Mandal, Chittoor District. ...PETITIONER AND 1- The State of Andhra Pradesh rep., by its Principal Secretary, Revenue Depadment, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. TheTahsildar, Kuppam, Mandal, 4. The Village Revenue Officer, Chittoor District. Kangundi RF Village, Kuppam Mandal Chittoor District. 5. K. Rajendra, ot. Krishnappa Aged about 33 R/at. Giddeganipenta Village, Kangundi Post Chittoor District. 6. N. Sriramulu, S/o. Narayanappa Aged about 36 R/at. Giddeganipenta Village Chittoor District years, Occ Agriculture Kuppam Mandal. years, OccAgriculture Kuppam Mandal, Kangundi Post, ...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 declaring the action of respondents in interfering with petitioner rights over the land in an extant of Ac. 0.76 Cents in Sy.No.167/1A and 0.75 Cents in Sy.No.167/IB of Kangundi RF Village fields, Kuppam Mandal, Chittoor District, stating that the same is required for the public purpose without putting petitioner on notice or following due process of law, as arbitrary, illegal colorable exercise of power and also well established legal principals apart from being voilative of the constitutional rights guaranteed the petitioner under Article 14,19,21 and 300- A of constitution of India and consequently direct the respondents No.2 to 6 not to interfere with rights over the land in extant of Ac. 0.76 Cents in Sy.No. 167/1A and 0.75 Cents in Sy.No.167/IB of Kangundi RF Village fields, Kuppam Mandal, Chittoor District. lA NO: 1 OF 2Q2fi 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 direct the respondents No. 2 to 6 not to interfere with petitioner rights of the land in an extant of Ac. 0.76 Cents in Sy.No. 167/1A and 0.75 Cents in Sy.No.167/1B of Kangundi RF Village fields, Kuppam Mandal, District pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. 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: fundamental and over Chittoor APHC010290322025 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: 14509 OF 2025 Between: ...PETITIONER Raziya Begum AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.S PAKINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14509 OF 2025 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; “ to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of respondents in interfering with petitioner rights over the land in an extant of Ac 0.76 Cents in Sy. No. 167/1A and 0.75 Cents in Sy.No.167/IB of Kangundi RF Village fields, Kuppam Mandal, Chittoor District stating that the same is required for the public purpose without putting petitioner on notice or following due process of law as arbitrary, illegal, colorable exercise of power and also well established legal principals apart from being voilative of the fundamental and constitutional rights guaranteed the petitioner under Article 14, 19, 21 and 300-A of constitution of India and consequently direct the respondents No. 2 to 6 not to interfere with rights over the land in extant of Ac.0.76 Cents in Sy.No.167/1A and 0.75 Cents in Sy.No. 167/IB of Kangundi RF Village fields, Kuppam Mandal, Chittoor District and pass such other order... ” 2. Though the petitioner made several allegations against the respondents, during the course of hearing learned counsel for the petitioner requested (his Court without touching the merits of the case, to issue a direction to the respondents to consider the explanation submitted by the petitioner dated 21.04.2025. 3. Learned Government Pleader for Revenue appearing for respondents readily agreed to dispose of the explanation dated 21.04.2025 submitted by the petitioner, if any pending with the respondent authorities. 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. 4. 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 himself requested to issue a direction to dispose of the representation dated 21.04.2025 submitted by the petitioner, I find no other alternative except to issue such direction. In the result. Writ Petition is disposed of, directing the 3'"'' respondent to consider the explanation submitted by the petitioner dated 21.04.2025 to the notice issued under Form-1 by the 3'^ respondent and pass appropriate order, in accordance with law, after affording opportunity of personal hearing of the petitioner, within eight (08) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. 6. ^ 2019 (8) SCALE 544 Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. '§>^7 3. The Tahsildar, Kuppam, Mandal, Chittoor District. 4. The Village Revenue Officer, Kangundi RF Village, Kuppam Mandal, Chittoor District. 5. One CC to M/s. S. Parineeta, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies ssb HIGH COURT DATED:23/06/2025 ORDER WP No. 14509 OF 2025 ’OJUi 2B2S ^ ^^tcheo^ DISPOSING OF THE W.P. WITHOUT COSTS