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2025 DAILYLAW 28204 (AP)

AVVARI RAJYA LAKSHMI v. The State of Andhra Pradesh,

WP/20682/2025 · 2025-08-20

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010401362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20682 OF 2025 Between: Avvari Rajya Lakshmi, W/o. late. Rajasekhar, Aged about 40 years, Occ: Housewife, R/o. Ponduru Village, Tangutur Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Ongole, Prakasam District. 3. The Revenue Divisional Officer, Ongole, Prakasam District. 4. The Tahsildar, Kondapi, Prakasam District. 5. Avvari Pithchaiah, S/o. late. Rattaiah, Aged about 50 years, R/o. Muppaaram Village, Kondapi Mandal Prakasam District. 6. Avvari Kiran, S/o. late. Rattaiah, Aged about 36 years, Occ. Private Work, R/o. D.No. 37-75-891 Mother Theresa Colony Vengamukalapalem Road, Ongole Town, Prakasam District. ...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 appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not disposing of the Petitioner's appeal filed on 13.05.2025 as illegal, arbitrary and violation of principles of natural justice and consequently direct the 3rd Respondents to dispose of 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 Respondent No.3 to consider and pass orders on the Petitioner's appeal filed on 13.05.2025 forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: — The Court made the following order: APHC010401362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20682/2025 Between: 1.AWARI RAJYA LAKSHMI. W/0. LATE. RAJASEKHAR, AGED R/0. PONDURU ABOUT 40 YEARS. OCC. HOUSEWIFE. VILLAGE, TANGUTUR MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER. ONGOLE, PRAKASAM DISTRICT. 4.THE TAHSILDAR, KONDAPI, PRAKASAM DISTRICT. 5.AWARI PITHCHAIAH, S/0. LATE. RATTAIAH, AGED ABOUT 50 YEARS, R/0. MUPPAARAM VILLAGE, KONDAPI MANDAL PRAKASAM DISTRICT. 6.AWARI KIRAN, S/O. LATE. RATTAIAH, AGED ABOUT 36 YEARS, OCC. PRIVATE WORK, R/0. D.NO. 37-75-891, MOTHER THERESA COLONY, VENGAMUKALAPALEM ROAD, ONGOLE TOWN, PRAKASAM DISTRICT. ...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not disposing of the Petitioner's appeal filed on 13.05.2025 as illegal, arbitrary and violation of principles of natural justice and consequently direct the 3rd Respondents to dispose of the appeal filed by the petitioner and to 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 pleased to direct the Respondent No.3 to consider and pass orders on the Petitioner's appeal filed on 2 pending disposal of the above writ petition and to 13.05.2025 forthwith pass Counsel for the Petitioner: 1.SHA1KMEERAVAL1 Counsel for the Respondents); 1.GP FOR REVENUE --i THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20682 of 2025 I ORDER:- Precisely, the writ petition is filed seeking a direction to dispose of the appeal filed by the petitioner herein. ) On perusal of the entire affidavit filed in support of the writ petition it appears that no impugned order was passed by the Tahsildar under Section 5(4) of the Andhra Pradesh Rights in land and pattadar passbooks Act, 1971 (hereinafter referred as ‘Act’) so as to enable the petitioner to file an appeal under Section 5(5) of the Act. 2. 1 ■3. Learned Assistant Government Pleader would submit that under such circumstances, petitioner has a remedy of filing a revision before the Joint collector. 4. Learned counsel for petitioner sought permission to withdraw the writ petition with liberty to avail remedy of revision before appropriate authority. 5. Permission is accorded. 6. Accordingly, the Writ Petition is dismissed as withdrawn. However, liberty is granted to petitioner to file revision before the appropriate authority under Section 9 of the Act. On filing of such revision by the petitioner, the revisional authority is directed to r 4 entertain the same and pass appropriate orders in accordance with law, as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Shaik Meeravali, Advocate [OPUC] 2. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 3. Two CD Copies TF HIGH COURT DATED:21/08/2025 ORDER WP NO. 20682 OF 2025 DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS