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2025 DAILYLAW 26007 (AP)

K UMA MAHESWARA REDDY v. The State of Andhra Pradesh,

WP/18662/2025 · 2025-07-21

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010367012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 18662 OF 2025 ^ Between: K Uma Maheswara Reddy, S/o Reddy, Aged 31 years Occ. Agriculture R/o Dudyala (V) Kottapalli (M) Nandyal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Chief Information Commissioner, The Andhra Pradesh State Information Commission 1st floor, MGM Capital Near NRI, Y Junction NH16 Service Road, Chinakakani Mangalagiri, Guntur 3. The District Collector, Nandyal, Nandyala District 4. The First Appellate Authority-Cum-The District Revenue Officer, Nandyala, Nandyala District 5. The Public Information Officer PIO-Cum-The ^ Mandal Revenue Tahsildar, Banaganapalle (PO) (M) Nandyala ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more 4 particularly 2nd respondent not disposing the second appeal/complaint dated 27.06.2025 is illegal arbitrary unjust and violative of Art 14 and 21 of the Constitution of India and consequently directing the respondents particularly 2nd respondent to expeditiously hear and dispose of the petitioners second appeal/complaint under the RTI Act within a time frame fixed by this Hon’ble Court (i) Direct the 5th Respondent PIO to furnish the information forthwith. more ^ught by the petitioner in RTI Application dated 30.04.2025 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 2nd respondent to expeditiously hear and dispose of the petitioner’s second appeal/complaint under the RTI Act dated 27.06.2025 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI PAMARTHY RATHNAKAR Counsel for the Respondent Nos. 1 & 3: GP FOR REVENUE Counsel for the Respondent Nos. 2, 4 & 5: GP FOR GAD The Court made the following order: * APHC010367012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 18662/2025 Between: 1.K UMA MAHESWARA REDDY, S/0 REDDY AGED 31 YEARS OCC. AGRICULTURE R/0 DUDYALA (V) KOTTAPALLI (M) NANDYAL ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REVENUE DEPARTMENT, 2.THE CHIEF INFORMATION COMMISSIONER, THE ANDHRA PRADESH STATE INFORMATION COMMISSION 1ST FLOOR. MGM CAPITAL NEAR NRI, Y JUNCTION CHINAKAKANI MANGALAGIRI, GUNTUR NH16 SERVICE ROAD 3.THE DISTRICT COLLECTOR, NANDYAL, NANDYALA DISTRICT 4.THE FIRST APPELLATE AUTHORITY CUM THE DISTRICT REVENUE OFFICER, NANDYALA, NANDYALA DISTRICT 5.THE PUBLIC INFORMATION OFFICER PIO CUM THE MANUAL REVENUE TAHSILDAR, BANAGANAPALLE (PO) (M) NANDYALA ...RESPONDENT(S): Counsel for the Petitioner: 1.PAMARTHY RATHNAKAR f-. ^ ~ * 2 Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER- Heard Sri Pamarthy Rafhnakar, learned Counsel the Writ Petitioner, Sri [ Pleader for Revenue and Sri P. Pleader for GAD. 2. The prayer sought in the Writ Petitioner i appearing online for Government Ajay Babu, learned Assistant Government K. Bhagat Singh, learned Assistant IS as under: u ’U. '■masons stated above, it is prayed that thi^ direr in ordeXrt! or Mandn °ne in the nature of Writ of ^uTZt ^^Pondents l% ' ~ ’^'^spondent not disposinq the sernnH appeal/coylaint dated 27 06.2025 is iifegal atbitan India and ConstitutiL Z partic2rlv°rfZ'"'*'^d'T'''^ 'P^P°odents more pamcularly 2 respondent to expeditiously hear onri thRTTtZtiZthh‘aT‘"'f^ ^PP^P'^PPiPPlPint under W D/riecf Z Court [) uirect the 5 Respondent PIO to furnish dZ%°04W2ffol lea JU.04.2025 forthwith and pass such other order eTaTse’’^ circumstances of the or 3. Sri Pamarthy Rathnakar, learned Counsel Petitioner, would submit that the under the Right to Information Act, 2005 Authority, seeking the information filed in support of this Writ Petition. 4. It is also submitted by the Writ Petitioner of thirty (30) days had already lapsed 31.05.2025. appearing online for the Writ an Application on 30.04.2025 before the Competent mentioned in paragraph 3 of the Affidavit Writ Petitioner has made that, since the statutory period the Writ Petitioner filed First Appeal on 3 It is further submitted that, as the Appellate Authority has not acted upon the First Appeal, the Petitioner has also filed Second Appeal before the Competent Authority on 27.06.2025. Having regard to the facts of the case, this Court deems it appropriate to dispose of the matter at the admission stage by issuing the following directions: 5. 6. The Public Information Officer (PIO)-cum-Mandal Revenue Tahsildar (Respondent No.5) is directed to act on the Application submitted by the Writ Petitioner dated 30.04.2025 (Ex.P.1) within a period of four (04) weeks and to issue Proceedings within two (02) weeks thereafter by passing an Order in accordance with law; The said Proceedings issued by Respondent No.5 shall be communicated to the Writ Petitioner within two (02) weeks thereafter: and In view of the above directions, the Writ Petitioner is directed to withdraw the Appeals pending before the First Appellate Authority and the Second Appellate Authority within two (02) weeks from today. With these observations and directions, the Writ Petition is disposed of. No order as to costs. II. III. 7. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Chief Information Commissioner, The Andhra Pradesh State Information Commission 1st floor, MGM Capital Near NRI, Y Junction NH16 Service Road, Chinakakani Mangalagiri, Guntur. 3. The District Collector, Nandyal, Nandyala District. . % > 4. The First Appellate Authority Cum The District Revenue Officer, Nandyala, Nandyala District 5. The Public Information Officer PIO Cum The Mandal Tahsildar, Banaganapalle (PO) (M) Nandyala 6. One CC to Sri Pamarthy Rathnakar Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for GAD, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Revenue TF ' >». HIGH COURT DATED:22/07/2025 ORDER WP NO. 18662 OF 2025 5 n AUG 2025 m CO DISPOSING OF THE W.P., WITHOUT COSTS