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High Court of Andhra Pradesh · body

2025 DAILYLAW 27307 (AP)

N GULZAR AHMED KHAN v. The State of Andhra Pradesh,

WP/21713/2025 · 2025-08-17

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010386412025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special OrigInalJurlsdiction) ^'ghteenth day of augustW TWO THOUSAND AND TWENTY PRESENT the HON’BLE SRI JUSTICE TARLADA WRIT petition NO: 21713 OF 2Q2fi PRADESH V, ■ ▼ X A FIVE V RAJASEKHAR RAO Between: Sri N Gulzar Ahmed Khan, S/o. Late N.Khadar Khan 60A, Kothapalle2-(R), Madanapalle Mandal, Pradesh. aged 35 yrs, D.No. 6- (Chittoor) Anamayya Dist, Andhra ...Petitioner. AND 1. The State of Andhra Pradesh, Rep. by its Principal Department of Revenue, Secretariat Guntur District, A.P. 2. The District Collector. (Chittoor) Anamayya DIst. 3. The Tahsildhar, Madanapalle^Mandal Secretary, Buildings, Velagapudi, Amaravathi, (Chittoor) Anamayya Dist V.-' ...Respondents V'- Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a writ of Mandamus or praying that in the the High Court may be any other appropriate writ order or direction declaring the action of the .. respondents particularly 4th respondent i Ot considering and disposing the online application ANMY202503242281 dt in vide application, under A P Rights there under seeking cum pass book, 1-B. certificate in no. 24-03-^25, filed by the petitioner in Lands and Pattadar pass Books Act and rules made mutation and for issuance of title deed respect of the land to cents in an extent of Ac. 4.42 cents in Sy.No.732/4 and Ac. 0.73 Sy.No. 718Y6 of Valasapalli Village, Madanapalle Mandal, Anamayya (Chittoor) District as highly illegal Rights in Lands and Pattadar Pass violative of Articles 14 and 300-A of arbitrary unjust violative of provisions of A P Books Act and Rules made there under the Constitution of India and consequently issuance of title deed cum pass book, and respect to the land to an extent of Ac. 4.42'cents in direct the respond mutation and for i issue 1-B certificate with V'-’ Sy.No.732/4 and Ac. 0.73 Madanapafle Mandal cents in Sy.No. 718/6 of Valasapalli Village Anamayya(Chittoor) District with stated lands in favour of the petitioner forthwith respect of the above and to pass, into the revenue records. lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the petition. praying that in the circumstances stated , the High Court may be pleased to to consider the application application no. ANMY202503242281 s name into the revenue records and issue passbooks and 1-B Certificate, with respect the property of the petitioner to an extent iand to an extent of Ac. 4,42 cents in Sy.No.732/4 and Ac. 0.73 cents in Sy.No. 718/g of Vaiasapalli Viiiage, Madanapaile Mandal Anamayya(Chittoor) District, into the revenue records, pending disposal of the main Writ Petition. issue an interim direction directing the respondents of the petitioner filed through online vide dt; 24-03-^25 and mutate the petitioner’ Counsel for the Petitioner: SRI RAMINENI SATISH Counsel for the Respondents: GP FOR REVENUE The Court made the following order: BABU APHC010386412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21713/2025 Between: 1.N GULZAR AHMED KHAN, S/O. LATE N.KHADAR KHAN, AGED 35 YRS, MADANAPALLE MANDAL, (CHITTOOR) ANAMAYYA DIST, ANDHRA PRADESH. D.NO. 6-60A, KOTHAPALLE2-(R), ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, (CHITTOOR) ANAMAYYA DIST. 3.THE TAHSILDHAR, MADANAPALLE MANDAL, (CHITTOOR) ANAMAYYA DIST. VELAGAPUDI, AMARAVATHI, GUNTUR ...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 of mandamus or any other appropriate writ order or direction declaring the action of the respondents particularly 4th respondent in not considering and disposing the online application vide application, no. ANMY202503242281 dt. 24-03-2025, filed by the petitioner under A P Rights in Lands and Pattadar pass Books Act and rules made there under seeking mutation and for issuance of title deed cum pass book, 1-B. certificate in respect of the land to an extent of Ac. 4.42 cents in Sy.No.732/4 and Ac. 0.73 cents in Sy.No. 718/6 of Valasapalli Village, Madanapalle Mandal, Anamayya(Chittoor) District as highly illegal arbitrary unjust violative of provisions of A P Rights in Lands and Pattadar Pass Books Act and Rules made there under violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respond mutation and for issuance of title deed cum pass book, and issue 1-B. certificate with respect to the land to an extent of Ac. 4.42 cents in Sy.No.732/4 and Ac. 0.73 cents in Sy.No. 718/6 of Valasapalli Village, Madanapalle Mandal, Anamayya(Chittoor) District with respect of the above stated lands in favour of the petitioner forthwith and to pass, into the revenue records and pass lA NO: 1 OF 2025 2 that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to issue an interim direction directing the respondents to consider the application of the petitioner filed through online vide apptication.no. ANMY202503242281 dt; 24- 03-2025 and mutate the petitioner’s name into the revenue records and issue passbooks and 1-B Certificate, with respect the property of the petitioner to an extent land to an extent of Ac. 4.42 cents in Sy.No.732/4 and Ac. 0.73 cents in Sy.No. 718/6 of Valasapatli Village, Madanapalte Mandal, Anamayya(Chittoor) District, into the revenue records, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1.RAM1NEN1 SATISH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE Petition under Section 151 CPC praying 'Sv THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21713 of 2025 ORDER;- the ground that application made to the authorities, but it was not the respondents be directed to would suffice in the Pithily this writ petition is filed on dated 24.03.2025 was addressed. Therefore, it is urged that such direction address the application circumstances of the case. Hon’ble Apex Court in The Venkatesh^ held as follows; as Government of India vs P. 2. The 'pToceS. Thi; wouW have been obviated by calling for a counter in the first instance the dispute...” thereby resulting in finality to of the fact that a Court to authorities, of a claim or representation should the claim or representation is with reference to a dead" or "stale" issue, dispute, the and should not direct This Court is not oblivious before directing "consideration" examine whether issue or whether it is with reference to a 3. live' stale" issue or dead" or If it is with reference to a Court/tribunal should put an end to the matter (2019) 15 see 613 4 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 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." 4. Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. 5. However, the respondents are directed that the petitioner’s application dated 24.03.2025 be considered by examining thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Secretariat Buildings Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, (Chittoor) Anamayya Dist. 3. The Tahsildhar, Madanapalle Mandal (Chittoor) Anamayya Dist. 4. One CC to Sri Ramineni Satish Babu Advocate [OPUC] 5. TwoCCsto GP for Revenue High Court of Andhra Pradesh 6. Two CD Copies [OUT] TF I \ HIGH COURT DATED: 18/08/2025 ORDER WP NO. 21713 OF 2025 sT 0 ^ SEP 2025 jl entSectioftx^^ DISPOSING OF THE W.P., WITHOUT COSTS