Extracted from the PDF above. The PDF is authoritative.
APHC010334552025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16935/2025 Between:
1. CHAGATLA KUMARI, W/O VENKATARAMANA AGED 55 YEARS, R/O H- NO. 81, UPPARAPALLI, GADDAMVARIPALLI POST, SEELAMVARIPALLI HARIJANAWADA SOMALA MANDAL, CHITTOR DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, CHITTOR DISTRICT, CHITTOOR. 3. THE DISTRICT REVENUE DIVISIONAL OFFICER, PALAMANER. CHITTOR DISTRICT. 4. THE TAHSILDAR, SOMALA MANDAL, CHITTOOR DISTRICT. 5. BORUGU MUNEESWARA, S/O M RAMI REDDY, AGED 60 YEARS. R/O H- NO. 81, UPPARAPALLI, GADDAMVARIPALLI POST, SEELAMVARIPALLI HARIJANAV/ADA SOMALA MANDAL, CHITTOR DISTRICT,
6. G HAREESH NAIDU, S/O MUNIRAJA NAIDU AGED 40 YEARS. R/O H- NO. 81, UPPARAPALLI GADDAMVARIPALLI POST, KAMPALLI VILLAGE, SOMALA MANDAL, CHITTOR DISTRICT,. 2
...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 a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not completing the enquiry initiated vide proceedings in . ROR Appeal No.. UN Numbered/2025 dated 08- 05-2025 against the 5 and 6 respondents in respect of the land in respect of Khata No. 1151 in Sy.No. 171/3 an extent of Ac. 2.53 Cents,Sy. No. 386/13B an extent of Ac .
0.50 cents in Upparapalli, Gaddamvaripalli Post, Somala Mandal, Chittor District.., in issuing the pattadar pass books and title deed to 5 and 6 Respondent therefore without following the procedure contemplated under the provisions of the A P Rights in Land and Pattadar Pass Books Act and Rules framed there under is illegal, arbitrary, violative principles of Natural Justice, violative of The Andhra Pradesh Rights in Land and Pattadar Pass Books, Act, 1971 and Rules made there under and Art 300-A of the Constitution of India and the ratio laid down in 2007(6) ALD 348 and consequently direct the respondents i.e.3rd respondent to complete the enquiry and pass orders restoring the name of the petitioner in the revenue records in respect of the above land within a time bound programme and pass and 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 pto direct the respondent’s not to interfere with the peaceful possession of the petitioner properties Khata No. 1151 in Sy.No. 171/3 an extent of Ac. 2.53 Cents,Sy. No. 386/13B an extent of Ac . 0.50 cents in Upparapalli, Gaddamvaripalli Post, Scmala Mandal, Chittor District., until disposal of the ROR Appeal No. . UN Numbered/ 2025 dated 08~05-.2025 pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16935 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 especially one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not completing the enquiry initiated vide proceedings in ROR Appeal No. UN Numbered/2025 dated 08.05.2025 against the 5 and 6 respondents in respect of the land in respect of Khata No.1151 in Sy. No 171/3 an extent of Ac.2.53 Cents Sy. No.386/13B an extent of Ac. 0.50 cents in Upparapalli, Gaddamvaripalli Post, Somala Mandal, Chittor District in issuing the pattadar pass books and title deed to 5 and 6 Respondent therefore without following the procedure contemplated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act and Rules framed there under is illegal, arbitrary, violative of principles of Natural Justice, violative of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act 1971 and Rules made there under and Art 300-A of the Constitution of India and the ratio laid down in 2007(6) ALD 348 and consequently direct the respondents i.e., 3rd respondent to complete the enquiry and pass orders restoring the name of the petitioner in the revenue records in respect of the above land within a time bound programme and pass such other order.”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing 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 dispose of the appeal dated 08.05.2025 preferred by the petitioner.
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4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the appeal, 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 “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 appeal, 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 appeal dated 08.05.2025 preferred by the petitioner before the 3rd respondent, after providing opportunity of hearing to the parties concerned, within a period of four(4) months from the date of receipt of a copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the possession and revenue entries of the subject property. There shall be no order as to costs.
1 2019 (8) SCALE 544
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As a sequel miscellaneous applications, pending, if any, shall also stand closed.
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VENKATESWARLU NIMMAGADDA, J Dt: 09.07.2025 sj
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 16935 of 2025 09.07.2025 ssjj