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2025 DAILYLAW 24979 (AP)

SETHU SURENDRA BABU v. The State of Andhra Pradesh,

WP/17926/2025 · 2025-08-19

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010352312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SES S o (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 17926 OF 207^ 3: 1 U''' RAO Between: 1. Sethu Suren^'dra Babu, S/o. Late S.Venkatiah, Aged about 34 years, Maharajpuram District.'--^ Occ Agriculture, R/0.D.N0.1-82-H, Siddareddypalli Village, Chitvel Mandal, Annamayya District Erstwhile Kadapa 2. Sethu Venkataiah, S/o. Late S.Nagaiah, Aged about 69 years, Occ Agriculture, R/o.D.No.l-82-H, Siddareddypalli, Maharajpuram Village Chitvel Mandal, Annamayya District Erstwhile Kadapa District. 3. Sethu Sankaraiah, S/o. Late S.Venkata Swamy Aged about 59 years, R/o.D.No. 1-142, Siddareddypalli, Maharajpuram Village, Chitvel Mandal, Annamayya District Erstwhile Kadapa 4. Sethu Thrilinga Yadai, S/o. Late S.Venkata Swamy R/o.D.No.T-142. Occ Agriculture, District. Aged about 48 Siddareddypaiii, Annamayya District Erstwhile years, Occ Agriculture Maharajpuram Village, Chitvel Mandal, Kadapa District. 5. Sethu Siva Prasad, S/o. Late S.Venl^ta, Swamy, Aged about 49 years Occ Agriculture, R/O.D.NO.I-MS^ Siddareddypalli Village, Chitvel Mandal, Annamayya District Erstwhile Kadapa District. Maharajpuram ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, A.P. Secretariat Building, Velagapudi, Arharavathi. u--" Revenue 2. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Office at APIIC Towers, Mangalagiri, Guntur District. 3. The District Collector, Annamayya District, at Rayachoty, Kadapa District. 4. The Tahsildar, Chitvel Mandal, Annamayya District District. Erstwhile Erstwhile Kadapa ...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 direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not issuing the occupancy right certificates for the land an extent of Ac. 173.21 cents in Sy.No.1ir situated at Nethivaripalli Village, Chitvel Mandal, Annamayya District District by considering the representation of the Erstwhile Kadapa petitioners dated 09.01.2025 as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and consequently direct the respondents to declare the Nethivaripalli Village as Settled Village for the land an extent of Ac. 173.21 cents in Sy.Nb.119 Mandal, Annamayya District situated at Nethivaripalli Village, Chitvel Erstwhile Kadapa District.' lA NO: 1 OF 202.*i 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 to consider the representation of the petitioners dated an extent of in Sy.No.li9 situated at Nethivaripalli Village, Chitvel Mandal, Annamayya District Erstwhile Kadapa District, pending disposal of Writ Petition. 09.01.2025 for issuance of occupancy right certificate for the land Ac. 173.^ cents 4 Counsel for the Petitioners: SRI M K RAJ KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: V..-' APHC010352312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 17926/2025 Between: 1.SETHU SURENDRA BABU, S/0. LATE S.VENKATIAH, AGED ABOUT AGRICULTURE, MAHARAJPURAM VILLAGE, CHITVEL 34 YEARS, OCC SIDDAREDDYPALLI, MANDAL, ANNAMAYYA DISTRICT ERSTWHILE KADAPA DISTRICT. R/0.D.N0.1-82-H 2.SETHU VENKATAIAH,, S/0. LATE S.NAGAIAH AGRICULTURE, AGED ABOUT 69 R/O.D.NO.L-82-H, YEARS, OCC SIDDAREDDYPALLI, MANDAL, ANNAMAYYA DISTRICT ERSTWHILE KADAPA DISTRICT. MAHARAJPURAM VILLAGE, CHITVEL 3.SETHU SANKARAIAH,, S/0. LATE S.VENKATA SWAMY AGED AGRICULTURE, MAHARAJPURAM VILLAGE, MANDAL, ANNAMAYYA DISTRICT ERSTWHILE KADAPA DISTRICT. 4.SETHU THRILINGA YADAI,, S/0. LATE S.VENKATA SWAMY AGED ABOUT 48 YEARS, OCC SIDDAREDDYPAIII, MAHARAJPURAM VILLAGE, CHITVEL MANDAL, ANNAMAYYA DISTRICT ERSTWHILE KADAPA DISTRICT. ABOUT 59 YEARS, OCC SIDDAREDDYPALLI, R/O.D.NO.1-142, CHITVEL AGRICULTURE, R/O.D.NO.1-142, 5.SETHU SIVA PRASAD,, S/0. LATE S.VENKATA SWAMY, AGRICULTURE AGED ABOUT 49 YEARS, OCC R/0.D.N0.1-148A, MAHARAJPURAM VILLAGE, CHITVEL SIDDAREDDYPALLI, MANDAL, ANNAMAYYA DISTRICT ERSTWHILE KADAPA DISTRICT. ...PETITIONER(S) AND > 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT BUILDING, VELAGAPUDI, ARHARAVATHI. A.P. SECRETARIAT 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, TOWERS, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, RAYACHOTY, ERSTWHILE KADAPA DISTRICT. 4.THE TAHSILDAR, CHITVEL MANDAL, ANNAMAYYA ERSTWHILE KADAPA DISTRICT. OFFICE AT APIIC ANNAMAYYA DISTRICT, AT DISTRICT, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.M KRAJ KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; < THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO / WRIT PETITION No. 17926 of 2025 ORDER: Pithily this Writ Petition is filed on the ground that a representation dated 09.01.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. 2. In the judgment of Hon’ble Apex Court in The Government of India v/s P. Venkatesh reported in (2019) 15 SCC 613 held that: Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. This Court is not oblivious of the fact that a Court to authorities, before 3. directing "consideration" of a claim or representation, should examine whether the claim or representation is with reference to a "live" issue or whether it is with reference to a "dead" or "stale" issue. If it is with reference to a "dead" or ’stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct consideration or reconsideration. If the Court to tribunal deciding to direct "consideration" without itself examining the merits, it should > make it clear that such consideration will be without prejudice contention relating to limitation or delay and laches. Even if the Court does not expressly say so, that would be the legal position and effect." Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of in overburdened adjudicatory institutions but such orders do disservice than service to the cause of justice. to any 4. cases more However, the respondents are directed to consider the petitioners’ examine thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six weeks from the date of receipt of the order. 5. representation dated 09.01.2025, 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, U-' 1. The Principal Secretary, Revenue Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Office at API 1C Towers, Mangalagiri, Guntur District. , 3. The District Collector, Annamayya District, at Rayachoty, Erstwhile Kadapa District. 4. The Tahsildar, Chitvel Mandal, Annamayya District, Erstwhile Kadapa District. 5. One CC to Sri. M K Raj Kurnar, Advocate [OPUC] 6. Two CCs to GP For Revehue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT TL DATED:20/08/2025 ORDER WP NO. 17926 OF 2025 ry ■ ^ 18 SEP 2025 )g rrent Sections •a?./ DISPOSING OF THE W.P. WITHOUT COSTS