APHC010334522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17206/2025 Between: 1. KYKALA SRINIVASULU,, S/O KYKALA RANGAPPA, AGE 45 YEARS, CULTIVATION, R/O CHEMBAKUR VILLAGE AND POST, RAMSAMUDRAM 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 3. THE SUB COLLECTOR, MADANAPALLI, CHITTOR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, CHITTOR DISTRICT. 5. THE TAHSILDAR, RAMASAMUDRAM, CHITTOR DIST. 6. P ZAMRUTHJAN, W/O. LATE AMEERKHAN AGED ABOUT 67 YEARS, R/O CHEMBAKUR VILLAGE AND POST, RAMSAMUDRAM MANDAL CHITTOR DISTRICT. 7. PATAN SABIN TAJ, D/O. LATE AMEERKHAN, AGED ABOUT 29 YEARS. R/O CHEMBAKUR VILLAGE AND POST, RAMSAMUDRAM MANDAL CHITTOR DISTRICT. 2 8. PATAN BABJOHAN, S/O LATE AMEERKHAN , AGED ABOUT 21 YEARS. R/O CHEMBAKUR VILLAGE AND POST, RAMSAMUDRAM MANDAL CHITTOR DISTRICT 9. PATAN GULABI, S/O LATE AMEERKHAN, AGED ABOUT 21 YEARS R/O CHEMBAKUR VILLAGE AND POST, RAMSAMUDRAM MANDAL CHITTOR DISTRICT 10. PATAN SYED KHA, S/O LATE AMEERKHAN, AGED ABOUT 21 YEARS R/O CHEMBAKUR VILLAGE AND POST RAMSAMUDRAM MANDAL CHITTOR 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 a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondent in plus not completing the enquiry initiated vide proceedings in ROR Appeal No. B4/3284/2020 dated 7-9-2020 against the 6th to 10th respondents in respect of the land in Sy no. 97/7A Extent of Acre 3-22 Guntas, out of which Acre 1.22 cents situated at Chembakur village, Ramasamudram Mandal, Punganur Taluk, Chitoor District., in issuing the pattadar pass books and title deed to 6th to 10th Respondent therefor 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 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 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 the respondent’s not to interfere with the peaceful possession of the petitioner properties until disposal of the ROR Appeal B4/3284/2020 dated 7-9-2020, pending disposal of the above Writ Petition Counsel for the Petitioner: 3 1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17206/2025 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 action of the respondent in not completing the enquiry initiated vide proceedings in ROR Appeal No.B4/3284/2020 dated 07.09.2020 against the 6th to 10th respondents in respect of the land in Sy.No.97/7A Extent of Ac.3.22 Guntas, out of which Ac.1.22 cents situated at Chembakur village, Ramasamudram Mandal, Punganur Taluk, Chitoor District., in issuing the pattadar pass books and title deed to 6th to 10th respondent therefor 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 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 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 5 issue a direction to the respondents to dispose of the ROR appeal dated 07.09.2020 filed by the petitioner. 4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the ROR appeal dated 07.09.2020, 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 ROR appeal dated 07.09.2020, 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 ROR appeal dated 07.09.2020 filed by the petitioner, 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. There shall be no order as to costs. 1 2019 (8) SCALE 544 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 11.07.2025 TTPPSS 7 56 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17206/2025 11.07.2025 TTPPSS