Extracted from the PDF above. The PDF is authoritative.
APHC010322052025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16511/2025 Between:
1. B RAVINDRA BABU, S/O. RAMAIAH, AGED 60 YEARS, R/O. 3-211, KONDAMITTA SRIKALAHASTI TOWN MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI, TIRUPATI DISTRICT. 4. THE TAHSILDAR, BN KANDRIGA MANDAL TIRUPATI DISTRICT. 5. V ANASUYAMMA, W/O. NAGARAJU, AGED 45 YEARS, R/O.
PITLAVARI SANDU, DURGAMMATIPPA, SRIKALAHASTI TOWN, TIRUPATI DISTRICT
...RESPONDENT(S): 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 toPleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in unilaterally mutating the name of 5th respondent with respect to the petitioners subject land admeasuring an extent of Ac.5.00 Cents in
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W.P.NO.16511 OF 2025 Sy.No.79/3 of Pallamala Village, B.N.Kandriga Mandal, Tirupati District, without issuing any notice, without conducting enquiry as contemplated under the A.P Rights in Land and Pattadar Passbooks Act, 1971, as illegal, arbitrary, violative of Article 14, 21 and 300 A of the Constitution of India, Consequently direct Respondent No.4 to consider the representations of the petitioner dt. 18.03.2024, 27.01.2025 and 05.05.2025 by conducting an enquiry in accordance with due process of law for mutating the name of petitioner with respect to the subject land admeasuring an extent of Ac.5.00 Cents in Sy.No.79/3 of Pallamala Village, B.N.Kandriga Mandal, Tirupati District and to pass IA 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 Pleased to direct Respondent No.4 to consider the representations of the petitioner dt.
18.03.2024, 27.01.2025, and 05.05.2025 by conducting an enquiry in accordance with due process of law for mutating the name of petitioner with respect to the subject land admeasuring an extent of Ac.5.00 Cents in Sy.No.79/3 of Pallamala Village, B.N.Kandriga Mandal, Tirupati District, pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. V VINOD K REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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W.P.NO.16511 OF 2025 ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“ to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in unilaterally mutating the name of 5th respondent with respect to the petitioner’s subject land admeasuring an extent of Ac.5.00 Cents in Sy.No.79/3 of Pallamala Village, B.N.Kandriga Mandal, Tirupati District, without issuing any notice, without conducting enquiry as contemplated under the A.P Rights in Land and Pattadar Passbooks Act, 1971, as illegal, arbitrary, violative of Article 14, 21 and 300 A of the Constitution of India, Consequently direct Respondent No.4 to consider the representations of the petitioner dt. 18.03.2024, 27.01.2025 and 05.05.2025 by conducting an enquiry in accordance with due process of law for mutating the name of petitioner with respect to the subject land admeasuring an extent of Ac.5.00 Cents in Sy.No.79/3 of Pallamala Village, B.N.Kandriga Mandal, Tirupati District and to pass….”(in verbatim)
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representations dated 18.03.2024, 27.01.2025 and 05.05.2025 submitted by the petitioner. 4. Learned Government Pleader for Revenue readily agreed to dispose of the representations of the petitioner dated 18.03.2024, 27.01.2025 and 05.05.2025 pending with the authorities, within a reasonable time. 5. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations
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W.P.NO.16511 OF 2025 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.Venkatesh1”, 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 representations dated 18.03.2024, 27.01.2025 and 05.05.2025, 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 representations dated 18.03.2024, 27.01.2025 and 05.05.2025, after providing opportunity of hearing to all the parties concerned in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. In the meanwhile, Status-quo obtaining as on today in respect of the possession of the subject property shall be maintained by all the parties concerned. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.07.2025 LSP
1 2004 (1) SCC 769
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W.P.NO.16511 OF 2025
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.16511 of 2025
07.07.2025 LSP