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2025 DAILYLAW 28246 (AP)

BHUPATHI RAVINDRA v. THE STATE OF ANDHRA PRADESH

WP/21137/2025 · 2025-08-10

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010400102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21137 OF 2025 Between: Bhupathi Ravindra, S/o Late Seetharamaiah, R/o Door No.27/4/276, 6th Street, Children’s Park Area, District. Ramji Nagar, Nellore City, SPSR Nellore ...Petitioner AND of Andhra Pradesh, Rep by its Principle Secretary for. Dept. Secretariat, Velagapudi Amaravathi, Guntur Dist. 1. The State Revenue Andhra Pradesh. 2. The District Collector, Nellore, SPSR Nellore District. 3 jhe Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. 5. The A P Rajiv Swagruha, Corporation Ltd., Nellore, Rep by its General Manager, Sumavali Township, Nellore City, SPSR Nellore District. 6. The Housing Board Corporation Ltd, Rep by its project director, Nellore Housing board colony, Nellore Rural (M), SPSR Nellore 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 a writ or order or direction more particularly one in the nature 1 of the Writ of Mandamus declaring the action of the 4th respondent in"^ considering the representation dt. 19.02.2024 for the purpose of suspend the operation of acquisition proceedings of the 4th respondent vide in RC.494/2015 dt. 29.04.2016 for resuming the land of the mother of petitioner i.e., an extent of Ac.0.16 2/3, cents dry land comprised in Sy.No. 2095/1 situated at Nellore Bit -I, Kothur Village of Nellore Rural Mandal, SPSR Nellore District as illegal, arbitrary, unjust and in violation of the Articles 14, 21 and 300-A of the Constitution of India, A.P. Assigned lands (Prohibition of Transfer) Act, 1977 and The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to consider the representation of the petitioners dt. 19.02.2024 by suspend the operation of proceedings of the 4'*^ respondent for the land of the petitioner i.e., an extent of Ac.0.16 2/3, cents dry land comprised in Sy.No. 2095/1 situated at Nellore Bit -1, Kothur Village of Nellore Rural Mandal, SPSR Nellore District by made the mutation process and issue the pattas in the name of petitioners by entering the name of petitioners in the revenue record by removing the name of the Govt 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 Respondents concerned to initiated the mutation process for the land of mother of petitioner vide an ext of Ac.0-16 2/3 cents land in Sy.No.2095/1, Kothuru Village Bit-1, SPSR Nellore District and pass patta in the above said land in the name of mother of petitioner by removing the name of the Govt, from the revenue records lA NO: 2 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 direct the respondents concerned to initiated the mutation process for the land of mother of petitioner vide an ext. of Ac.0-16 2/3 cents land in Sy. No.2095/1, Kothur Village Bit-1, SPSR Nellore District and pass patta in the above said land in the name of mother of petitioner by removing the name of the Govt, form the revenue records Counsel for the Petitioner: SRI KHAJARAHAMATULLA S Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order: 0^ APHC010400102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21137/2025 Between: 1.BHUPATH1 RAVINDRA, S/0 LATE SEETHARAMAIAH N0.27/4/276,6TH STREET, CHILDRENS PARK AREA, NAGAR, NELLORE ClTY,SPSR NELLORE DISTRICT. R/0 DOOR RAMJI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINICPLE REVENUE DEPT. SECRETARIAT, SECRETATRY FOR. VELAGAPUDI AMARAVATHI, GUNTUR DIST. ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. SPSR NELLORE 4.THE TAHSILDAR, NELLORE RURAL MANDAL, DISTRICT. 5.THE A P RAJIV SWAGRUHA, CORPORATION LTD., NELLORE, REP BY ITS GENERAL MANAGER, SUMAVALI TOWNSHIP, NELLORE CITY, SPSR NELLORE DISTRICT. 6.THE HOUSING BOARD CORPORATION LTD, REP BY ITS PROJECT DIRECTOR , NELLORE HOUSING BOARD COLONY , RURAL (M), SPSR NELLORE DISTRICT. NELLORE ...RESPONDENT(S); 2 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 issue a writ or order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the 4th respondent in considering the representation dt. 19.02.2024 for the purpose of suspend the operation of acquisition proceedings of the 4th respondent vide in RC.494/2015 dt. 29.04.2016 for resuming the land of the mother of petitioner i.e., an extent of Ac.0.16 2/3 , cents dry land comprised in Sy.No. 2095/1 situated at Nellore Bit -l,Kothur Village of Nellore Rural Mandal, SPSR Nellore District as illegal, arbitrary, unjust and in violation of the Articles 14, 21 and 300-A of the Constitution of India, A.P.Assigned lands (Prohibition of Transfer) Act, 1977 and The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to consider the representation of the petitioners dt. 19.02.2024 by suspend the operation of proceedings of the 4threspondent for the land of the petitioner i.e., an extent of Ac.0.16 2/3 , cents diy land comprised in Sy.No. 2095/1 situated at Nellore Bit -1, Kothur Village of Nellore Rural Mandal, SPSR Nellore District by made the mutation process and issue the pattas in the name of petitioners by entering the name of petitioners in the revenue record by removing the name of the Govt 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 to direct the Respondents concerned to initiated the mutation process for the land of mother of petitioner vide an ext.of Ac.O- 16 2/3 cents land in Sy.No.2095/1, Kothuru Village Bit-1, SPSR Nellore District and pass patta in the above said land in the name of mother of petitioner by removing the name of the Govt, from the revenue records and pass lA NO: 2 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 Counsel for the Petitioner: 1. KHAJARAHAMATULLA S Counsel for the Respondent(S): 1.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21137 of 2025 ORDER: Pithily this writ petition is filed on the grounds that a representation was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. In the judgment of Hon’ble Apex Court in The Government of India vs 2. P. Venkatesh reported in (2019) 15 SCO 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. ” 3. 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 "live" issue or whether it is with reference to a "dead" or "stale" issue. If it is with reference to a "dead" or "stale" issue or dispute, the Court/Tribunal should put an end to the matter and should not direct 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 wilt be without prejudice to any 4 contention relating to limitation or delay and laches, not expressly say so, that would be the legal position and effect. Even if the Court does Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of m overburdened adjudicatory institutions but such orders do disservice than service to the cause of justice. 4. cases more 5. However, the respondents are directed that the petitioner’s representation dated 19.02.2024 must be considered by the respondents, examined thoroughly, issue orders accordingly, and communicate the decision given to the petitioner. It goes without saying that the entire process will be completed within six weeks from the date of the order is received. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUT //TRUE COPY// GfSTRAR SECTION’OFFICER To 1. The Principle Secretary, Revenue Dept. State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur Dist. Andhra Pradesh. 2. The District CoHector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. 5. The General Manager, AP Rajiv Swagruha, Corporation Ltd., Nellore, Sumavali Township, Nellore City, SPSR Nellore District. 6. The Project Director, Housing Board Corporation Ltd, Nellore Housing board colony, Nellore Rural (M), SPSR Nellore District. 7. One CC to SRI KHAJARAHAMATULLA S Advocate [OPUC] 8. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsg 0k, HIGH COURT DATED; 11/08/2025 ORDER WP NO. 21137 OF 2025 DISPOSING THE WP WITHOUT COSTS