BYSANI NARENDRA KUMAR v. The State of Andhra Pradesh,
WP/20702/2025 · 2025-08-05
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28263 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28263 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010400362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20702 OF 2025 Between:
1. Bysani Narendra Kumar, S/o. B. Krishna Murthy, Aged about 58 years, Occ Business, Resident of D.No. 3/258, YMR Colony. Proddatur Town and Mandal YSR Kadapa District. 2. K. Anand, S/o. K. Mohan Rao, Aged about 56 years, Occ Business, Resident of D.No.2/285. YMR Colony, Proddatur Town and Mandal. YSR Kadapa District. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Spl. Chief Secretary to the Government, Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Revenue Divisional Officer, Tirupathi, Tirupathi District
4. The Tahsildar, Tirupathi Rural Mandal, Tirupathi 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in not
fS^ considering representation, dated 11-03-2024 submitted by the petitioners for incorporating the names of the petitioners in revenue records in relation to the land measuring an extent of Ac. 3.90 cents in Sy.No.38/3 of Damineedu Village, Tiruchanur Mandal, Titupatlii District pursuant to the directions issued by the 1®* respondent herein vide Memo No. 27030/44/2018-EA and AR-Rev, dated 26-02-2019 well as the directions issued by this Hon'ble Court in WP.No.19521 of 2019, dated 29-08-2022 is illegal, arbitrary and unconstitutional and consequently direct the respondents No.2 to 4 to dispose of the representation, dated 11-03-2024 submitted by the petitioners forthwith 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 No. 2 to 4 herein to consider of the representation, dated 11-03-2024 submitted by the petitioners for incorporating the names of the petitioners in revenue records in relation to the land measuring an extent of Ac.
3.90 cents in Sy.No.38/3 of Damineedu Village, Tiruchanur Mandal, Titupathi District pursuant to the directions issued by the 1®^ respondent herein vide Memo No. 27030/44/2018-EA&AR-Rev, dated 26-02-2019 as well as the directions issued by this Hon'ble Court in WP.No. 19521 of 2019, dated 29-08-2022, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI NARASIMHA REDDY. G . L Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order:
APHC010400362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20702/2025 Between;
1.BYSANI NARENDRA KUMAR, S/0. B.
KRISHNA MURTHY AGED ABOUT 58 YEARS, OCC BUSINESS D.NO. 3/258, YMR COLONY. MANDAL YSR KADAPA DISTRICT. 2 K ANAND,, S/0. K. MOHAN RAO, AGED ABOUT 56 YEARS, OCC BUSINESS, RESIDENT OF D.NO.2/285. YMR COLONY. PRODDATUR TOWN AND MANDAL. YSR KADAPA DISTRICT. RESIDENT OF PRODDATUR TOWN AND ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS SPL. CHIEF SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI. 3.THE REVENUE DIVISIONAL OFFICER, TIRUPATHI, TIRUPATHI DISTRICT 4.THE TAHSILDAR, TIRUPATHI RURAL MANDAL, TIRUPATHI 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 to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in not considering representation, dated 11-03-2024 submitted by the petitioners for incorporating the names of the petitioners in revenue records in relation to the land measuring an extent of Ac. 3.90 cents in Sy.No.38/3 of Damineedu Village, Tiruchanur Mandal, Titupatlii District pursuant to the directions issued by the 1st respondent herein vide Memo No. 27030/44/2018-EA and AR-Rev, dated 26-02-2019 well as the directions issued by this Hon'ble Court in WRNo. 19521 of 2019, dated 29-08-2022 is illegal.
2 arbitrary and unconstitutional and consequently direct the respondents No.2 to 4 to dispose of the representation, dated 11-03-2024 submitted by the petitioners forthwith and pass such 'I 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 No. 2 to 4 herein to consider of the representation, dated 11-03-2024 submitted by the petitioners for incorporating the names of the petitioners in revenue records in relation to the land measuring an extent of Ac. 3.90 cents in Sy.No.38/3 of Damineedu Village, Tiruchanur Mandal, Titupathi District pursuant to the directions issued by the 1®‘ respondent herein vide Memo No. 27030/44/2018-EA&AR-Rev, dated 26-02-2019 as well as the directions issued by this Hon'ble Court in WRNo. 19521 of 2019, dated 29-08-2022, pending disposal of the writ petition. Counsel for the Petitioner(S):
1. NARASIMHA REDDY G. L Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20702 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.
2. In the judgment of Hon’ble Apex Court in The Government of India vs 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. ” This Court is not oblivious of the fact that a Court to authorities.
3. 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
4 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. I
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. However, the respondents are
directed that the petitioner's representation dated 11.03.2024 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.
5.
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/- M. SURYANADHA REDDY DEPUTY REGISTRAR Sr //TRUE COPY// SECTION OFFICER To,
1. The Spl. Chief Secretary to the Government, State of Andhra Pradesh, Department of Revenue, Secretariat, Velagapudi, Amaravathi.
2. The District Collector, Tirupathi District, Tirupathi.
3. The Revenue Divisional Officer, Tirupathi, Tirupathi District
4. The Tahsildar, Tirupathi Rural Mandal, Tirupathi District.
5. One CC to SRI NARASIMHA REDDY. G . L Advocate [OPUC]
6. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT]
7. Two CD Copies gsg
HIGH COURT DATED: 06/08/2025
ORDER WP NO. 20702 OF 2025 1 ^ AUG 2025 I DISPOSING THE WP WITHOUT COSTS