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2025 DAILYLAW 25863 (AP)

KAKANI SADASIVA RAO v. THE STATE OF AP

WP/22366/2025 · 2025-08-27

Tarlada Rajasekhar Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i APHC0103S4672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA ^^^^EITPETITION NO: 22366 OF 909^ RAJASEKHAR RAO Between: 1. Kakani Sadasiva Rao S/o. Nageswararao, aged about 43 D.No. 4-268, Pedakakani, Guntur District. 2. Kakani Sravan Kumar, S/o years R/o. Samba Siva Rao, aged about 53 9, Behind Cinema Hall, Pedakakani years R/o. Guntur D.No. 4-326, Ward No. District. 3. 3. Kakani Srinivasarao, S/o. 4-307/2, Pedakakani Kallahastri, aged about 61 Guntur District. years, R/o. D.No. 4. .Kakani Thirupathamma, W/o Venkayya, aged about 95 169, Sivalayam Road, Pedakakai, 5. Kakani Adinaraya years, R/o. 5- Guntur District. na. S/o. Suryanarayana, aged about 65 years, R/o. Penamaluru Mandal, Near CSI 21-146, Sai Nagar, Yanamalakuduru, Church, Vijayawada Rural, Krishna District. 6. Kakani Siva Parvathi, W/o. Bhaskar rao, aged about 64 years, R/o. 4- 140, Near Brahmam Gari Temple 7. Kakani Siva Prasad, S/o. Pedakakani, Guntur District. Appa Rao, aged about 51 years R/o. 4-327, Cinema Hall Centre, Pedakakani, 8. Kakani Siva Rama Krishna Guntur District. . X S/o. Suryanarayana, aged about 64 years, R/o. 14-1/1, Bhagath Singh Nagar, 1st Lane, Yanamalakuduru, Vijayawada Rural, Krishna Distrit. 9. Kakani Tata Rao, S/o. Venkaratnam (died) aged about 63 years, R/o. D.No. 5-49, Rajaka pet. Peda kakani, Guntur District. 10. Markapuram Koteswararao, S/o. Sivaiah, aged about 49 years, R/o. 4- 93/a, Yadavapalem, VTC, Pedakakani Guntur District. 11. Markapuram Nagendram, W/o. Shankar Rao (died), aged about years R/o. 4-253, Cinema Halt Back side, Peda kakani, Guntur District. 12. Munnamgi Siva Kumari. W/o. Panakalu, aged about 73 years R/o. D.No. 5-59, Rajaka bazaru, Pedakakani, Guntur District. 13. Vaddlamoody Seethamahalakshmi, W/o. Seshaiah, aged about 73 years, R/o. Pedakakani, Guntur District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue (Registration and Stamps) Department Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. Commissioner Inspector General, Department, Guntur, Guntur District. 3. The District Collector, Guntur District, Guntur. 4. The District Registrar, Guntur, Guntur District. 5. The Sub-Registrar, Sub-Registrar Office, Pedakakani, Guntur District. 6. The Tahsildar, Peddakakani Mandal, Guntur District. 2. The Stamps Registration ...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 WRIT OF MANDAMUS declaring the action of the Respondent No.3 who failed to consider the representations dated 18.07.2025, 05.02.2025, 11.02.2025 and 13.02.2025 in respect of deleting the petitioner lands admeasuring to an extent of Ac. 7.98 cents in survey No. 66. situated at Pedakakani Village and Mandai, Guntur District from the Prohibitory list under Section 22-A of the Registration Act, 1908, as illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent No.3 to delete the petitioners land from the Prohibitory list under Section 22-A of the Registration Act, 1908. 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 to direct the Respondent No.3 to delete the petitioner lands to an extent of Ac. 7- 98 cents in survey no. 66 situated at Pedakakani Village and Mandai, Guntur District from the Prohibitory list under Section 22-A of the Registration Act, 1908, pending disposal of the above writ petition. Counsel for the Petitioners: SRI NAGA RAJU KOLLATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 92366 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a writ, order or direction more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 3 who failed to consider the representations dated 18.07.2025, 05.02.2025, 11.02.2025 and 13.02.2025 In respect of deleting the petitioner lands admeasuring to an extent of Ac. 7.98 cents in survey No. 66, situated at Pedakakani Village and Mandal, Guntur District from the Prohibitory list under Section 22-A of the Registration Act, 1908, as illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent No. 3 to delete the petitioners land from the Prohibitory list under Section 22-A of the Registration Act, 1908 and pass such other order or orders as deemed fit and proper in the circumstances of the case. ’’ Pithily this writ petition is filed on the ground that representations 2. were made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representations, as such direction would suffice in the circumstances of the case. in the judgment of Hon’ble Apex Court in The Government of 3. India vs 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 directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a 4. live" issue or whether it is with reference to a "dead" or "stale" issue, dead" or "stale" issue or dispute, the If it is with reference to a Court/tribunal should put an end to the matter and should not direct reconsideration. If the Court to tribunal deciding to consideration or consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any 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. direct Disposal of proceedings by seemingly innocuous orders consideration of representation though result in quick or easy 5. directing disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. directed that the petitioner’s However the respondents are 6. 05.02.2025, 11.02.2025 and representations dated 18.07.2025, 13.02.2025 must be considered by the respondents, examined orders accordingly, and communicate the decision without saying that the entire process thoroughly, issue given to the petitioner. It goes 5 will be completed within eight weeks from the date the order is I received. With the above observation, the Writ Petition is disposed of. 7. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR St //TRUE COPY// SECTIO FFICER To, 1. The Principal Secretary, Revenue (Registration and Stamps) Depahtment, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner Inspector General, Stamps Registration Department, Guntur, Guntur District. 3. The District Collector, Guntur District, Guntur. 4. The District Registrar, Guntur, Guntur District. 5. The Sub-Registrar, Sub-Registrar Office, Pedakakani, Guntur District. 6. The Tahsildar, Peddakakani Mandal, Guntur District. 7. One CC to Sri Naga Raju Kollati, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF . HIGH COURT DATED:28/08/2025 ORDER WP NO. 22366 OF 2025 = 10 SEP 2025 -•S O m; ^ . Current Section disposing of the W.P., WITHOUT COSTS