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2025 DAILYLAW 28707 (AP)

T.Sankaraiah v. The State of Andhra Pradesh,

WP/20932/2025 · 2025-08-06

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

T APHC010409322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAV THE SEVENTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO . WRIT PETITION NO: 20932 OF 2025 Between: 1. T.Sankaraiah, S/o. T.Narayana, aged about 50 years, R/o. D.No. 4-9- 3-1-3, Balaji Nagar, Near Keshava Reddy School, Kurnool Dfstrict. 2. S.Mahaboob Basha, S/o. Shalimaiah, aged 55 years, R/o. D.No. 57-66- D-6, Ranga Reddy Gate, Kurnool, Kurnool Distriqt--' ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Kurnool District, Kurnool. - 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Kurnool Rural Mandal Kurnool District. 5. The Mandal Surveyor, office of the Tahsildar, Kurnool Mandal, Kurnool 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 respondent No. 4 and 5 herein for not taking any action to our representation dated 16.12.2024 for conducting the survey and fixing the boundary sub-division in respect of the petitioners lands in Sy. No. 245 to an extent of stones and Ac. 3.63 cents and in Sy.No.265 to an extent of 2.03 cents situated at B.Thandrapadu village of Kurnool Rural Mandal, Kurnool District as being as being illegal, arbitrary, unjust and 300 A of constitution of India and consequently direct the respondent authorities to conduct the survey, and fix the boundary stones and sub division registered sale deeds dated 19.03.2009, 24.03.2009 and 30.04.2009. illegal, arbitrary, unjust and unconstitutiona I and unconstitutional and violative of Articles 14,19,21 as per our 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 authorities to forthwith conduct the survey, and fix the boundary stones and sub division in respect of the land in Sy. No. 245 to an extent of Ac. 3.63 cents and in Sy.No.265 to an extent of 2.03 cents situated at B.Thandrapadu village of Kurnool Rural Mandal, Kurnool District disposal of the main Writ Petition. pending Counsel for the Petitioners: SRI J JANAKIRAMI REDDY Counsel for the Respondents; GP FOR REVENUE The Court made the following order: 1 APHC010409322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20932/2025 Between: 1.T.SANKARAIAH. , S/O. T.NARAYANA, AGED ABOUT 50 YEARS, R/0. D.NO. 4-9-3-1-3, BALAJI NAGAR, NEAR KESHAVA REDDY SCHOOL, KURNOOL DISTRICT. 2.S.MAHABOOB BASHA,, S/O. SHALIMAIAH, AGED 55 YEARS R/0. D.NO. 57-66-D-6, RANGA REDDY GATE, KURNOOL KURNOOL DISTRICT. ...PETITIONER(S) AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KURNOOL DISTRICT KURNOOL. 3.THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4.THE TAHSILDAR, KURNOOL RURAL MANDAL KURNOOL DISTRICT. 4 2 TRR,J W.P.No.20932o}2025 5.THE MANDAL SURVEYOR, OFFICE OF THE TAHSILDAR, KURNOOL MANDAL, KURNOOL 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 respondent No. 4 and 5 herein for not taking any action to our representation dated 16.12.2024 for conducting the survey and fixing the boundary stones and sub-division in respect of the petitioners lands in Sy. No. 245 to an extent of Ac. 3.63 cents and in Sy.No.265 to an extent of 2.03 cents situated at B.Thandrapadu village of Kurnool Rural Mandal, Kurnool District as being illegal, arbitrary, unjust and unconstitutiona I as being illegal, arbitrary, unjust and unconstitutional and violative of articles 14,19,21 and 300 A of constitution of India and consequently direct the respondent authorities to conduct the survey, and fix the boundary stones and sub division as per our registered sale deeds dated 19.03.2009, 24.03.2009 and 30.04.2009 and to grant 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 authorities to forthwith conduct the survey, and fix the boundary stones and sub division in respect of the land in Sy. No. 245 to an extent of Ac. 3.63 cents and in Sy.No.265 to an extent of 2.03 cents situated at B.Thandrapadu village of Kurnool Rural Mandal, Kurnool District, pending disposal of the main Writ Petition, Counsel for the Petitioner{S); 1.J JANAKIRAMI REDDY Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: TRR,J W.P.No.20932of2025 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 20932 of 2025 z' ORDER: Pithily this writ petition is filed on the grounds that a representation was made to the authorities via Meeseva, 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 SCC 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, with reference to a "dead" or "stale" issue or dispute, the If it is 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 4 TRRJ W.P.No.20932 of 2025 4 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." 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. 4. However, the respondent authorities are directed that the petitioners’ representation dated 16.12.2024 must be considered by the respondents, examined thoroughly, issue orders accordingly, and communicate the decision to the petitioners. It goes without saying that the entire process will be completed within six weeks from the date of the order is received. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 6. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. DfWAKAR ^rSTR/ Sd/-V DEPUTY R STRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Kurnool Rural Mandal Kurnool District. 5. The Mandal Surveyor, office of the Tahsildar, Kurnool Mandal, Kurnool District. 6. One CC to Sri J Janakirami Reddy Advocate [OPUC] 7. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF HIGH COURT DATED:07/08/2025 and75^ ORDER WP NO. 20932 OF 2025 ^ 0 2 SEP 2025 *2: tot ^ . Current Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS