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2025 DAILYLAW 21826 (AP)

GOPA NAGESWARA RAO v. The State of Andhra Pradesh,

WP/15363/2025 · 2025-06-26

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010307722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Hii'H FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15363 OF 2025 Between: 1. Gopa Nageswara Rao, S/o. Gopa Satyanarayana (late), Aged about. 59 years, R/o D.No. 1-79-59, Gopala vari street, Dwarakatirumala Mandal Gundugolanukunta, Eluru District, Andhra Pradesh - 534426. 2. Gopa Venkateswara Rao, S/o. Gopa Satyanarayana(late), Aged about. 1-79-60 Main Road, Gundugolanukunta, Dwarakatirumala Mandal, Tadicherla, Eluru District, Andhra Pradesh - 534426. 3. Gopa Muthyalarao, S/o Late Gopa Satyam, Aged about. 39 years, R/o. Gopala vari street, Dwarakatirumala Mandal Gundugolanukunta, Eluru District, Andhra Pradesh - 534426. 61 years, R/o D.No. 4. Nellore Naga Lakshmi, D/o Chilukuri Padmarao, Aged about. 40 years, R/o. Gopala vari street, Dwarakatirumala Mandal Gundugolanukunta , Eluru District, Andhra Pradesh - 534426 5. Bandaru Subalkshmi, D/o Chilukuri Padmarao, Aged about. 52 R/o. Gopala vari street, Dwarakatirumala Mandal Gundugolanukunta , Eluru District, Andhra Pradesh - 534426 6. Gopa Vara Lakshmi, W/o Gopa Nageswararao, Aged about. 54 years, R/o. Gopala vari street, Dwarakatirumala Mandal Gundugolanukunta , Eluru District, Andhra Pradesh - 534426 years. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat, Amaravati, Andhra Pradesh. 2. The District Collector, Eluru District, Andhra Pradesh. 3. The Joint Collector, Eluru District, Andhra Pradesh. 4. The Revenue Divisional Officer, Vissannapeta, NTR District, Andhra Pradesh. 5. The Tahsildar, Dwaraka Tirumala, Eluru District, 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 arbitrary action of the Respondent Authorities, especially Respondent No.5, in not considering the petitioner's representations dated 12.06.2025, seeking rectification of the correct extent mutation of Joint LPM No. 853 to LPM No. 1124 to restore the petitioner's extent in such Revenue Records and also consequently questioning the highhanded action of the Respondent Authorities in illegally reducing the extent of the petitioner's without giving any notice neither the petitioners nor to their family members as illegal, in violation of Doctrine of Legitimate Expectancy, in violation of principles of natural justice, discriminatory, contrary to law, arbitrary, devoid of powers, without following the due process of law and in violation of provisions of the A.P. Rights in Land and Pattadar Pass Books Act and Rules thereof and also in violation of Articles 14, 21 and 300-A of Constitution of India 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 to direct the respondent authorities to consider and take appropriate action on the petitioners’ representation dated 12.06.2025 for rectification of revenue records relating to Survey Nos. 107-6A, 107- 6B, 107-6C, 107-6D, 107-6E, and 107-4 of Guhdugolakunta Village, Dwaraka Tirumala Mandal, Eluru District, by properly conducting enquiry and verifying relevant documents pending disposal of this writ petition Counsel for the Petitioners: SRI ANCHA PANDURANGA RAO Counsel for the Respondents No.1 to 5: GP FOR REVENUE The Court made the following order: APHC010307722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0 FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15363/2025 Between: Gopa Nageswara Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.ANCHA PANDURANGA RAO Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICB VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15363/2025 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 arbitrary action of the respondent authorities especially respondent No. 5 in not considering the petitioners’ representations dated 12.06.2025 seeking rectification of the correct extent mutation of Joint LPM No.853 to LPM No. 1124 to restore the petitioner’s extent in such Revenue Records and also consequently questioning the highhanded action of the Respondent Authorities in illegally reducing the extent of the petitioners without giving any notice neither the petitioners nor to their family members as illegal, in violation of Doctrine of Legitimate Expectancy, in violation of principles of natural justice, discriminatory, contrary to law, arbitrary, devoid of powers, without following the due process of law and in violation of provisions of the A.P. Rights in Land and Pattadar Pass Books Act and Rules thereof and also in violation of Articles 14, 21 and 300-A of Constitution of India 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 dispose of the representation dated 12.06.2025 filed by the petitioners. ^y- 3 4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation dated 12.06.2025, 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 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 12.06.2025, this Court find no other alternative except to issue such direction. The Government of India v. 6. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 12.06.2025 filed by the petitioners, after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of a copy of this order. There shall be no order as to costs. 2019 (8) SCALE 544 4 As a sequel miscellaneous application, pending, if any, shall ft. also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Amaravati, Andhra Pradesh. 2. The District Collector, Eluru District, Andhra Pradesh. 3. The Joint Collector, Eluru District, Andhra Pradesh. 4. The Revenue Divisional Officer, Vissannapeta, NTR District, Andhra Pradesh. 5. The Tahsildar, Dwaraka Tirumala, Eluru District, Andhra Pradesh. 6. One CC to SRI ANCHA PANDURANGA RAO Advocate [OPUC] 7. Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg 4^ HIGH COURT DATED: 27/06/2025 ORDER WP NO. 15363 OF 2025 |r 1 I JUL 2025 X jNCip»m s«ciiaix»y DISPOSING THE WP WITHOUT COSTS