KASARANENI KARUNA KUMAR v. THE STATE OF ANDHRA PRADESH
WP/17449/2025 · 2025-07-10
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24462 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24462 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010345862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17449 OF 2025 Between:
1. Kasaraneni Karuna Kumar, S/o. Kasaraneni Venkatapathi Rao, Aged 62 years, R/o.
D. No.6-57, Near Panchayathi Office, Punadipadu, Kankipadu, Krishna District. 2. Gummadi Vijayalakshmi, W/o. Gummadi Bhaskara Rao, Aged 74 years R/o. D.No.5-36, Punadipadu, Kankipadu, Krishna District. ...Petitioners AND
1. The State of Andhra Pradesh, Represented by its principal Secretary Revenue Department, Secretariat Buildings, Veiagapudi, Guntur District. 2. The District Collector, Vijayawada, Krishna District. 3. The Joint Collector, Vijayawada, Krishna District. 4. The Revenue Divisional Officer, Kankipadu, Krishna District. 5. The Tahsildar, Office of the Mandal Revenue Office, tv. District. 6. Kasarneni Sudheer Kumar, S/o. Late Kasarneni Venkatapati Rao, Aged years, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District
7. Kasarneni Radha Devi, W/o. Sudheer Kumar, Aged 53 Punadipadu Village, Kankipadu Mandal, Krishna District. Kankipadu, Krishna 58 years, R/o.
8. Manchem Sri Ramachandra Srinivasan, S/o Late Manchem Venkatareddy Naidu, Aged 43 years, GPA Holder Bavajipet, Vijayawada, NTR District. R/o D.No.24-1-57, 5‘^ line
9. Kosaraju Lima Chowdary, W/o. Venkateswara rao. Aged 60 years, R/o. D.N0.54-13-13A, Flat no 399, Road. Vijayawada, NTR District. Srinivasa Nagar bank Colony ...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 writ, order or orders, direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in not taking action on my representation dated 15.03.2025 seeking to initiate action on the illegal mutations effected in respect of the property in an extent of Ac. 2.22 cents in Sy. No. 16/1 of Kalavennu Village, Kankipadu Krishna District as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of Art.300-A of the Constitution of India and consequently to direct the respondent authorities to keep the mutations in abeyance during pendency of the civil suit for declaration in OS Mandal,
No. 78 of 2025 on the file of the VII Additional District and Sessions Judge (FTC), Vijayawada.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities not to create any third party interest over the land in an extent of Ac. 2.22 cents in Sy. No. 16/1 of Kalavennu Village, Kankipadu Mandal, Krishna District, pending disposal of the above writ petition. Counsel for the Petitioners: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent Nos.6 to 9 : NONE APPEARED The Court made the following order:
/ APHC010345862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B;*E [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17449/2025 Between:
1.KASARANENI KARUNA KUMAR, S/0 KASARANENI VENKATAPATHI RAO, AGED 62 YEARS, R/0 D.NO.6-57, NEAR PANCHAYATHI OFFICE, PUNADIPADU, KANKIPADU,KRISHNA DISTRICT. 2.GUMMADI VIJAYALAKSHMI, W/0 GUMMADI BHASKARA RAO, AGED 74 YEARS, R/0 D.NO.5-36, PUNADIPADU, KANKIPADU,KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT. 3.THE JOINT COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, KANKIPADU, KRISHNA DISTRICT. 5.THE TAHSILDAR, OFFICE OF THE MANDAL REVENUE OFFICE, KANKIPADU, KRISHNA DISTRICT. 6.KASARNENI SUDHEER KUMAR, S/0 LATE KASARNENI VENKATAPATI RAO, AGED 58 YEARS, R/0 PUNADIPADU VILLAGE,
2 X KANKIPADU MANDAL, KRISHNA DISTRICT 7.KASARNENI RADHA DEVI, W/0 SUDHEER KUMAR, AGED 53 R/0 PUNADIPADU VILLAGE, KANKIPADU MANDAL, YEARS KRISHNA DISTRICT. 8.MANCHEM SRI RAMACHANDRA SRINIVASAN, S/0 LATE MANCHEM VENKATAREDDY NAIDU, AGED 43 YEARS, GPA HOLDER, R/0 D.NO.24-1-57, 5TH LINE, BAVAJIPET, VIJAYAWADA, NTR DISTRICT. 9.KOSARAJU UMA CHOWDARY, W/0 VENKATESWARA RAO. AGED 60 YEARS SRINIVASA NAGAR BANK COLONY, VIJAYAWADA, NTR DISTRICT. ROAD.
R/0 D.N0.54-13-13A, FLAT NO 399, 7TH ...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 orders, direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in not taking action on my representation dated 15.03.2025 seeking to initiate action on the illegal mutations effected in respect of the property in an extent of Ac. 2.22 cents in Sy. No. 16/1 of Kalavennu Village, Kankipadu Mandal, Krishna District as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of Art.300-A of the Constitution of India and consequently to direct the respondent authorities to keep the mutations in abeyance during pendency of the civil suit for declaration in OS No. 78 of 2025 on the file of the VII Additional District and Sessions Judge (FTC), Vijayawada and to pass 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 pleased to direct the respondent authorities not to create any third party interest over the land in an extent of Ac. 2.22 cents in Sy. No. 16/1 of Kalavennu Village, Kankipadu Mandal, Krishna District, pending disposal of the above writ petition and to pass Counsel for the Petitioner{S):
3 1.BALAJI MEDAMALLI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17449/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue a writ order or orders direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities In not taking action on my representation dated 15.03.2025 seeking to initiate action on the illegal mutations effected in respect of the property in an extent of Ac. 2.22 cents in Sy.No. 16/1 of Kalavennu Village, Kankipadu Mandal, Krishna District as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of Articles 300-A of the Constitution of India and consequently to direct the respondent authorities to keep the mutations in abeyance during pendency of the civil suit for declaration in O.S. No.78 of 2025 on the file of the VII Additional District and Sessions Judge (FTC), Vijayawada and to pass such other order or orders....”
2. Heard
learned counsel for the petitioners 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 petitioners requested this Court, without touching the merits of the case, to issue a direction to the
5 respondents to consider and dispose of the representation dated 15.03.2025 submitted by the petitioners. On the other hand, learned Government Pleader for Revenue for the
4. respondents readily agreed to dispose of the representation dated 15.03.2025 submitted by the petitioners, 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 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.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 15.03.2025 submitted by the petitioners, this Court find no other alternative except to issue such direction. 6. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 15.03.2025 submitted by the petitioners, after providing opportunity of hearing to all the parties concerned, within a period of 20G4(1)SCC 769
6 three (03) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to create any third party interest in respect of the subject property. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Vijayawada, Krishna District. 3. The Joint Collector, Vijayawada, Krishna District. 4. The Revenue Divisional Officer, Kankipadu, Krishna District. 5. The Tahsildar, Office of the Mandal Revenue Office, Kankipadu, Krishna District. 10. One CC to Sri Balaji Medamalli, Advocate [OPUC]
11.
Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
12. Two CD Copies Cnr
HIGH COURT DATED:11/07/2025
ORDER WP NO. 17449 OF 2025 DISPOSING OF THE W.P.
WITHOUT COSTS