Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28361 (AP)

KATWAL ZAKRIYA BASHA v. THE STATE OF AP

WP/20740/2025 · 2025-08-05

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010403322&25 IN THE HIGH COURT OF ANDHRA PRADFSH^— AT AMARAVATI liW)\ (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAQ WRIT PETITION NO: 20740 OF 909^ ^ Between: Katwal Zakriya Basha. S/o. Bashu Saheb, Aged about Cultivation, R/o. Rayachoty Town and Mandal, Annamayya District 55 years, Occ: ...Petitioner" AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Level Committee, rep.by its chairman - District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rayachoty Rayachoty, Annamayya District. 4. The Tahsildar, Rayachoty Mandal, Annamayya District at Rayachoty. 5. The District Registrar, Annamayya District at Rayachoty. 6. The Siib-Regsitrar, Rayachoty, Annamayya District. -- to Revenue Division ...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 one in the nature of WRIT OF MANDAMUS declaring the action of respondents in including the petitioners private agricultural landed properties admeasuring Ac.0.75 Cents, Ac.2.25 cents and Ac. 1.37 cents respectively covered by Survey Nos. 996- 2A, 996-2B and 593/1, situated at Rayachoty Revenue Village in Rayachoty ManddI of Annamayya District in the list of properties prohibitory for registration under Section 22 (A) of the Registration Act, 1908 and inaction the part of respondents on petitioners Mee-seva applications TTA012500131158 dt. 16.06.2025 and TTA012500127854 dt. 24.02.2025 submitted to delete the said lands from the list of prohibited properties for registration, as illegal, irregular, irrational, violative of provisions of the Registration Act, 1908 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to consider and decide petitioners Mee-seva application TTA012500131158 dt. 16.06.2025 TTA012500127854 dt. 24.02.2025 by deleting their said lands from the list of properties prohibited for registration on and 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 to consider and initiate necessary action on petitioners’ Mee-seva application TTA012500131158 dt. 16.06.2025 and TTA012500 127854 dt. 24.02.2025 submitted for deletion of their agricultural landed properties admeasuring Ac.0.75 Cents, Ac.2.25 cents and Ac.1.37 cents respectively covered by Survey Nos. 996-2A, 996-2B and 593/1, situated at Rayachoty Revenue Village in Rayachoty Mandal of Annamayya District from the list of Properties Prohibited for Registration under Section 22-A of The Registration Act, 1908 pending disposal of the main Writ Petition. Counsel for the Petitioner: M/S. NIMMAGADDA REVATHI _ Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE ^ Counsel for the Respondent Nos. 5 & 6: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010403322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20740/2025 Between: 1.KATWAL ZAKRIYA BASHA, S/0. BASHU SAHEB, AGED ABOUT 55 YEARS, OCC CULTIVATION, R/0. RAYACHOTY TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT LEVEL COMMITTEE, REP.BY ITS CHAIRMAN - DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3.THE REVENUE DIVISIONAL OFFICER, RAYACHOTY REVENUE DIVISION, RAYACHOTY, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, RAYACHOTY MANDAL. ANNAMAYYA DISTRICT AT RAYACHOTY. 5.THE DISTRICT REGISTRAR, ANNAMAYYA DISTRICT AT RAYACHOTY. 6.THE SUBREGSITRAR, RAYACHOTY, ANNAMAYYA 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in including the petitioners private agricultural landed properties admeasuring Ac.0.75 Cents, Ac.2.25 cents and Ac. 1.37 cents respectively covered by Survey Nos. 996-2A, 996-2B and 593/1, situated at Rayachoty Revenue Village in Rayachoty Mandal of Annamayya District in the list of properties prohibitory for registration under Section 22 (A) of the Registration Act, 1908 and inaction on the part of respondents on petitioners Mee-seva applications TTA012500131158 dated 16.06.2025 and ■■ V A 4 TTA012500127854 dated 24.02.2025 submitted to delete the said lands from the list of prohibited properties for registration, as illegal, irregular, irrational, violative of provisions of the Registration Act, 1908 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to petitioners Mee-seva application 16.06.2025 and TTA012500127854 date 24.02.2025 by deleting their said lands from the list of properties prohibited for registration and pass consider and decide FTAOI2500131158 dated 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 to consider and initiate necessary action on petitioners’ Mee-seva application TTA012500131158 dt. 16.06.2025 and TTA012500 127854 dt. 24.02.2025 submitted for deletion of their agricultural landed properties admeasuring Ac.0.75 Cents, Ac.2.25 cents and Ac.1.37 cents respectively covered by Survey Nos. 996-2A, 996-2B and 593/1, situated at Rayachoty Revenue Village in Rayachoty Mandal of Annamayya District from the list of Properties Prohibited for Registration under Section 22-A of The Registration Act, 1908 pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20740 of 2025 ORDER: Pithily this writ petition is filed on the grounds that mee-seva applications bearing Nos.TTAOl 2500131158, dated 16.06.2025 and TTA012500127854, dated 24.02.2025 were made to the authorities, not addressed. Therefore, it is urged that the but they were respondents be directed to address the mee-seva applications, 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 P. Venkatesh reported in (2019) 15 SCO 613 held that: 2. “Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a guick 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, before directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a 3. live" issue or whether it is with reference to a "dead" or "stale" issue, dead" or "stale" issue or dispute, the If it is with reference to a Court/Tribunal should put an end to the matter and should not direct 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 mee- seva applications bearing Nos.TTAOl 2500131158, dated 16.06.2025 and TTA012500127854, dated 24.02.2025 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/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. ¥ 2. The Chairman - District Collector, District Level Committee, Chairman - District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer Rayachoty, Annamayya District. The Tahsildar, Rayachoty Mandal, Annamayya District at Rayachi^. 5. The District Registrar, Annamayya District at Rayachoty. 6. The Sub-Regsitrar, Rayachoty, Annamayya District. 7. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 10.Two CD Copies TF . Rayachoty Revenue Division, 4. 8. 9. i -K-' HIGH COURT DATED:06/08/2025 ORDER WP NO. 20740 OF 2025 5 SEP 2025 ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS