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High Court of Andhra Pradesh · body

2025 DAILYLAW 28605 (AP)

P PRASAD NAIDU v. THE STATE OF ANDHRA PRADESH

WP/21163/2025 · 2025-08-11

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010407732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21163 OF 2025 Between; P Prasad Naidu, S/o. Late Munikrishnama Naidu, @ Krishnama Naidu, Hindu, age 51 Years, Occ Contractor and Cultivation R/o. Door No.2- 83, Kavali Street, Vedamalapeta Village and Mandal, Tirupathi District, Andhra Pradesh ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur Dist., Andhra Pradesh- 522237. 2. The District Collector, Office of the District Collector, Collectorate, Tirupathi Tirupathi District, Andhra Pradesh517501. 3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, RDO Office, Srikalahasthi Division, Tirupathi District, Andhra Pradesh - 517644. 4. The Tahsildar, Office of the Tahsildar, Yerpedu Mandal, Tirupathi District Andhra Pradesh-517551 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 a Writ in the nature of Mandamus, declaring the action of the 3rd Respondent Revenue Divisional Officer, Srikalahasthi Division in not disposing of the statutory appeal bearing Case No. ROC.D.593/2022, which has been pending since the year 2022 without any conclusive adjudication, as illegal, arbitrary, unreasonable, and violative Articles 14, 21, and 300-A of the Constitution of India and consequently, direct the 3rd Respondent to take up and dispose of the said statutory appeal by passing a reasoned and speaking order on merits within a period of six (6) weeks from the date of order. 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 3rd Respondent—Revenue Divisional Officer, Srikalahasthi Division—to forthwith take up the statutory appeal bearing Case No. ROC.D.593/2022, and dispose of the by passing a reasoned and speaking order on merits, within a period of six (6) weeks from the date of the order passed by this Hon’ble Court. Counsel for the Petitioner: SRI KADIMISETTY SAI SREENADH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010407732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21163/2025 Between: 1.P PRASAD NAIDU, S/0. LATE MUNIKRISHNAMA NAIDU, @ KRISHNAMA NAIDU. HINDU, AGE 51 CONTRACTOR AND CULTIVATION R/0. DOOR NO.2-83, KAVALI STREET, VEDAMALAPETA VILLAGE AND MANDAL, TIRUPATHI DISTRICT. ANDHRA PRADESH YEARS. OCC ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., ANDHRA PRADESH- 522237. 2.THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, TIRUPATHI TIRUPATHI DISTRICT, ANDHRA PRADESH517501. 3.THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, RDO OFFICE, SRIKALAHASTHI DIVISION, TIRUPATHI DISTRICT, ANDHRA PRADESH-517644. 4.THE TAHSILDAR, OFFICE OF THE TAHSILDAR. YERPEDU MANDAL, TIRUPATHI DISTRICT ANDHRA PRADESH-517551 ...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 an appropriate Writ, Order or Direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 3'"'^ Respondent Revenue Divisional Officer, Srikalahasthi 2 Division in not disposing of the statutory appeal bearing Case No.ROC.D.593/2022, which has been pending since the year 2022 without any conclusive adjudication, as illegal, arbitrary, unreasonable, and violative Articles 14, 21, and 300-A of the Constitution of India and consequently, direct the 3rd Respondent to take up and dispose of the said statutory appeal by passing a reasoned and speaking order on merits within a period of six (6) weeks from the date of order and/or 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 3'^'^ Respondent/Revenue Divisional Officer, Srikalahasthi Division to forthwith take up the statutory appeal bearing Case No. ROC.D.593/2022, and dispose by passing a reasoned and speaking order on merits, within a period of six (6) weeks from the date of the order passed by this JHon’ble Court; and/or be pleased to pass Counsel for the Petitioner: 1. KADIMISETTY SAI SREENADH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4^ THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21163 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate Writ, Order or Direction, more particularly a Writ In the nature of Mandamus, declaring the action of the 3'^ Respondent Revenue Divisional Officer, Srikalahasthi Division in not disposing of the statutory appeal bearing Case No.ROC.D.593/2022, which has been pending since the year 2022 without any conclusive adjudication, as illegal, arbitrary, unreasonable, and violative Articles 14, 21, and 300-A of the Constitution of India and consequently, direct the 3'"'^ Respondent to take up and dispose of the said statutory appeal by passing a reasoned and speaking order on merits within a period of six (6) weeks from the date of order and/or pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. ” 2. The brief averments of the affidavit filed in support of the writ petition are that the petitioner is the owner of the agricultural land in an extent of Ac.0.14 cents each in Survey Nos,158/4, 158/5, 158/8 total Ac.0.42 cents of MD Puttur Village, Yerpedu Mandal, Tirupathi District and his predecessors and himself are in possession of the subject land since several decades. It came to know that in and around the year 2022, pattadar passbook and title deed has been issued in favour of third parties in respect of the petitioner’s subject land in contravention of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act 1971 and Rules framed thereunder, without issuing any notice. 4 Aggrieved by the same, the petitioner filed an appeal vide rd ROC.D.593/2022 before the 3 respondent/Revenue Divisional Officer. Till date, the said appeal is not yet disposed. Hence, the petitioner filed the present writ petition. 3. As rightly contested by the learned counsel for the petitioner, the prolonged delay in disposal of the appeal has had serious legal and practical consequences for the petitioner. In view of the said circumstances of the case, this Court feels it appropriate to dispose of this writ petition directing the respondents to dispose of the appeal in ROC.D.593/2022 filed by the petitioner, not later than three months from the date of receipt of a copy of this order. This Court believes that the appellate authority will dispose of the appeal within time. 4. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Department, Velagapudi 1 The Principal Secretary, Amaravathi, Guntur Dist., Andhra Pradesh- 522237. Sec?orat? Ti?upath°Tir°p'^atW District, Andhra Pradesh517501. District 3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, RDO Office, Srikalahasthi Division, Tirupathi District, Andhra Pradesh - 517644. 4. The Tahsildar, Office of the Tahsildar, Yerpedu Mandal, Tirupathi District Andhra Pradesh-517551 5. One CC to Sri. Kadimisetty Sai Sreenadh, Advocate [OPUC] 6. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT DATED: 12/08/2025 -¥ . ORDER WP NO. 21163 OF 2025 S( 0 2 SEP 2025 Oi I ^^sgjjfTtntSectjoiX^'^ DISPOSING OF THE W.P. WITHOUT COSTS