GANADI SHARDA DEVI v. The State of Andhra Pradesh,
WP/15493/2025 · 2025-08-12
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21824 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21824 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010308062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) pI: rfr ■ t WEDNESDAY,THE THIRTEENTH DAY OF AUGUSTfe TWO THOUSAND AND TWENTY FIVE -fe" iV PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 15493 OF 2025 Between: Ganadi Sharda Devi, W/o. Malyadri, aged 58 years, R/o. D.NO.24-29- 223/24B/1A, Ward No.44, Balaji Street, Gulabi Thota, Vijayawada, NTR District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The District Collector, NTR District, Vijayawada, Andhra Pradesh. 3. The Joint Collector, (Competent Authority, Urban Land Ceiling), NTR District, Vijayawada, Andhra Pradesh. ...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 a direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent Authorities, especially the 3rd Respondent, in not considering the petitioners representation dated 22.05.2025 seeking removal/exclusion of the dwelling house land property situated in R.S.No.21/9, NTS No.35/4B, Plot No.10
K 24-29-223/24B/1 A, Ward No. 44, Balaji Street, Gulabi Thota, Vijayawada extent of 108.83 sq. yards from Urban Land Ceiling, which has been illegally claimed by an the Respondent Authorities under Urban Land Ceiling Regulation Repeal Act and also seeking to issue No Objection Certificate for the said dwelling house land property in complete compliance with G.O.Ms.No.84, Revenue (Lands-VI) and Department dated 24.02.2023, in violation of principles of natural justice, as unjust, in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the 3rd Respondent to consider the petitioners representation dated 22.05.2025 (received by him on 26.05.2025). 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 Respondent Authorities, especially 3 Respondent to petitioner s representation dated 22.05.2025 (received by him on 26.05.2025) in complete compliance with G.O.Ms.No.84, Revenue (Lands-VI) Department dated 24.02.2023 pending disposal of the main writ petition.
Counsel for the Petitioner: SRI MOHAMMAD NAYAB consider the RASOOL Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following order:
* APHC010308062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MS us [3330] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 15493/2025 Between: 1.GANADI SHARDA DEVI, W/0. MALYADRI, AGED 58 YEARS R/0. D.N0.24-29-223/24B/1A, WARD N0.44, BALAJI STREET, GULABI THOTA, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, (COMPETENT AUTHORITY URBAN LAND CEILING), NTR DISTRICT, VIJAYAWADA ANDHRA PRADESH. ...RESPONDENT(S):
4 2 -J* W.P.NO.15493 Oh 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 may be pleased to issue a direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent Authorities, especially the 3rd Respondent, in not considering the petitioners representation dated 22.05.2025 seeking removal/exclusion of the dwelling house land property situated in R.S.No.21/9, NTS No.35/4B, Plot No.10 223/24B/1A, Ward No. 24-29- 44, Balaji Street, Gulabi Thota, Vijayawada, an extent of 108.83 sq.
yards from Urban Land Ceiling, which has been illegally claimed by the Respondent Authorities under Urban Land Ceiling and Regulation Repeal Act and also seeking to issue No Objection Certificate for the said dwelling house land property in complete compliance with Revenue (Lands-VI) G.O.Ms.No.84, 24.02.2023, in violation of principles of natural justice, as unjust, in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the 3rd Respondent to consider the petitioners representation dated 22.05.2025 (received by him 26.05.2025) and to pass such Department dated on lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent Authorities, especially 3 Respondent to consider the petitioner’s representation dated 22.05.2025 (received by him on 26.05.2025) in complete compliance with G.O.Ms.No.84. Revenue (Lands-VI) Department dated 24.02.2023 disposal of the main writ petition and to pass such Counsel for the Petitioner;
1. MOHAMMAD NAYAB RASOOL Counsel for the Respondent{S): praying that in the pending
3 TRR,J W.P.NO.15493OF2025 N 1.GP FOR REVENUE The Court made the following:
4 TRR,J W.P.NO.15493 OF2025
ORDER: Pithily this writ petition is filed on the grounds that a representations dated 23.09.2023 and 22.05.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. In the judgment of Hon’ble Apex Court in The Government of India vs P. Venkatesh reported in (2019) 15 SCC 613 held that;
2. Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. This Court is not oblivious of the fact that a Court to authorities, before directing
"consideration" of a claim or representation should examine whether the claim or representation is with reference to a "live" issue or whether it is with reference to a "dead" or "stale" issue. If it is with reference to a "dead" or "stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct consideration or reconsideration. If the Court to tribunal deciding to direct
"consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the
3. r-
5 W.P.N0.15493 OF 20^ court does not expressly say so, that would be the legal position and effect." Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. 4. However, the respondent is directed that the petitioner's representations dated 23.09.2023 and 22.05.2025 must be considered by the respondents, examined thoroughly, issue orders accordingly, and communicate the decision given to the petitioner. It goes without saying that the entire process will be completedwithin six weeksfrom the date the order is received. 5. 6. Accordingly, the writ petition is disposed of.
There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/-B.PRASADA RAO ASSISTANT/ REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The District Collector, NTR District, Vijayawada, Andhra Pradesh. 3. The Joint Collector, (Competent Authority, Urban Land Ceiling), NTR District, Vijayawada, Andhra Pradesh. 4. One CC to Sri. Mohammad Nayab Rasool, Advocate [OPUC]
5. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]
6. Two CD Copies. M
HIGH COURT DATED:13/08/2025
ORDER WP NO. 15493 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS