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2025 DAILYLAW 28128 (AP)

Dasanapu Gangulappa v. The State of Andhra Pradesh

WP/20708/2025 · 2025-08-12

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010399062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20708 OF 2025 Between: Dasanapu Gangulappa, S/o Venkataswamy, aged about 61 years, residing at D.No.2-234-B, Nallagutta Street, Kadiri Town, Sri Satya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Kadiri Division, Anantapur District. 4. The Tahsildar, , Kadiri Mandal, Anantapur District. 5. Varigireddi Suseelamma, W/o Kesava Reddy, aged about 60 years, residing at Varigireddipalli H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. 6. Mude Balaji Naik, S/o Chatre Naik, aged about 50 years, residing at Katlathanda, Kondamanayunipalyam, District. 7. Mude Chakri Bai, W/o Lakshmi Naik, aged about 50 years residing at Katlathanda, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District, Velagapudi, Amaravati, Guntur Kadiri Mandal, Sri Satya Sai / 8. Mude Mathre Naik, S/o Ramu Naik, aged about 55 years, residing at Katlathanda, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. 9. Korra Lakshmi Naik, S/o Somla Naik, aged about 60 years residing at Katlathanda, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. Mude Lakshmi Bai, W/o Chakre Naik, aged about 55 years residing at Katlathanda, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. Jayapal Reddy, S/o Gangi Reddy, aged about 35 years, residing Kadiri Mandal, Sri 10. 11. at Varigireddipalli, H/o Kondamanayunipalyam, Satya Sai District. Vinayaka Reddy, S/o Gangi Reddy, aged about 33 years 12. residing at Varigireddipalli, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. Somaguttu Parvathamma, W/o Raghunatha Reddy, aged about 45 years, residing at Varigireddipalli, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. Varigireddi Saradamma, W/o Rami Reddy, aged about 30 years, residing at Varigireddipalli, H/o Kondamanayunipalyam, Kadiri Mandal, Sri Satya Sai District. Pulaganti Gopal Reddy, S/o Subba Reddy, aged about 45 years, residing at Banancheruvupalli, Malameedapalli, Gandlapenta Mandal, Sri Satya Sai District 13. 14. 15. ...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 in the nature of a Writ of Mandamus by declaring the action of the respondents more specifically, the 3rd respondent in not entertaining and processing the appeal ""filed by the petitioner against the orders passed by the 4th respondent vide RC. No. 73/2022/A dated 28.04.2022 as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Consequently, direct the 3rd respondent to entertain and process the appeal filed by the petitioner. 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 3'^'^ respondent to entertain and process the appeal filed by the petitioner against the orders passed by the 4‘^ respondent vide RC. No. 73/2022/A dated 28.04.2022. Counsel for the Petitioner: SRI MANTAPAMPALLE RAMPRASAD Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 15: NONE APPEARED The Court made the followingorder: APHC010399062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20708/2025 Between: 1.DASANAPU GANGULAPPA, S/O VENKATASWAMY, AGED ABOUT 61 YEARS, RESIDING AT D.N0.2-234-B, NALLAGUTTA STREET, KADIRI TOWN, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KADIRI DIVISION, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, KADIRI MANDAT, ANANTAPUR DISTRICT. 5. VARIGIREDDI SUSEELAMMA, W/0 KESAVA REDDY. AGED ABOUT 60 YEARS, RESIDING AT VARIGIREDDIPALLI H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL, SRI SATYA SAI DISTRICT. REP. BY ITS REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATI. 6. MUDE BALAJI NAIK, S/O CHATRE NAIK, AGED ABOUT 50 KATLATHANDA, YEARS, KONDAMANAYUNIPALYAM, KADIRI MANDAL, SRI SATYA SAI DISTRICT. RESIDING AT 7. MUDE CHAKRI BAI, W/0 LAKSHMI NAIK, AGED ABOUT 50 RESIDING AT KATLATHANDA, H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 8. MUDE MATHRE NAIK, S/O RAMU NAIK, AGED ABOUT 55 YEARS, RESIDING AT KATLATHANDA, H/O KONDAMANAYUNIPALYAM, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 9. KORRA LAKSHMI NAIK, S/O SOMLA NAIK, AGED ABOUT 60 YEARS, RESIDING AT KATLATHANDA, H/O YEARS 2 KONDAMANAYUNIPALYAM, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 10.MUDE LAKSHMI BAI, W/0 CHAKRE NAIK, AGED ABOUT YEARS, 55 RESIDING at KATLATHANDA, H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL SAI DISTRICT. 11.JAYAPAL REDDY, S/0 GANGI REDDY AGED ABOUT YEARS, RESIDING AT SRI SATYA 35 VARIGIREDDIPALLI, H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL SRI SATYA SAI DISTRICT. 12.VINAYAKA REDDY, S/0 GANGI REDDY, AGED ABOUT YEARS, RESIDING AT 33 VARIGIREDDIPALLI, H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL SRI SATYA SAI DISTRICT. 13.SOMAGUTTU PARVATHAMMA, W/0 RAGHUNATHA REDDY AGED ABOUT 45 YEARS, RESIDING AT VARIGIREDDIPALLI H/0 KONDAMANAYUNIPALYAM, SATYA SAI DISTRICT. 14.VARIGIREDDI SARADAMMA, W/0 RAMI REDDY, ABOUT 30 YEARS, RESIDING AT VARIGIREDDIPALLI, H/0 KONDAMANAYUNIPALYAM, KADIRI MANDAL SRI SATYA SAI DISTRICT. 15.PULAGANTI GOPAL REDDY, S/0 SUBBA REDDY, AGED ABOUT 45 YEARS, RESIDING AT BANANCHERUVUPALLI H/0 MALAMEEDAPALLI, GANDLAPENTA MANDAL SATYA SAI DISTRICT KADIRI MANDAL, SRI AGED SRI ...RESPONDENT(S) Pstition 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 in the nature of a Writ of Mandamus by declaring the action of the respondents more specifically, the 3rd respondent in not entertaining and processing the appeal filed by the petitioner against the orders passed by the 4^^ respondent vide RC. No. 73/2022/A dated 28.04.2022 as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Consequently direct the 3rd respondent to entertain and the petitioner, and, 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 leased to direct the respondents to entertain and process the appeal filed by J process the appeal filed by the petitioner against the orders passed by the 4‘^ respondent vide RC.No.73/2022/A dated 28.04.2022 and grant Counsel for the Petitioner: 1.MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 0* 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20708 of 2025 ORDER: The present writ petition is filed aggrieved by the action of the respondent/appellate authority in not entertaining the appeal filed by the petitioner against the order vide RC.No.73/2022/A dated 28.04.2022 passed by the 4*'' respondent and the said action of the respondents is violative of the fundamental rights guaranteed under Article 14, 19 and 300-A of the Constitution of India and the right to appeal is statutory cannot be denied. Learned Assistant Government Pleader for Revenue, basing on 2. the instructions, would submit that the appeal filed by the petitioner received and the appeal was admitted by the respondents and was underwent adjournments at the request of the petitioner. As the grievance of the petitioner was redressed by the respondent authorities, literally the writ petition rendered infructuous, however, this Court feels it appropriate to dispose of this writ petition with a direction to the respondents to dispose of the appeal filed by the petitioner as expeditiously as possible not later than four months from the date of receipt of a copy of this order. 3. 5 4. With the above observation, the Writ Petition i There shall be no order as to costs. IS disposed of. As a sequel, interlocutory applications, if Petition shall stand closed. any pending in this Writ Sd/- K.KASI RAO ACHAR! assistant registrar //TRUE COPY// SECTION OFBCFR To, 1- The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Kadiri Division, Anantapur District. 4. The Tahsildar, Kadiri Mandat, Anantapur District. 5. One CC to Sri. Mantapampalle Ramprasad Advocate 6. Two CCs to GP For Revenue, [OPUC] High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT DATED:13/08/2025 ORDER WP NO. 20708 OF 2025 S 15 SEP 2025 ^ ^ Current deciion . a DISPOSING OF THE W.P. WITHOUT COSTS