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2025 DAILYLAW 29211 (AP)

MALA CHENNAIAH v. THE STATE OF ANDHRA PRADESH

WP/21731/2025 · 2025-08-20

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ ■ APHC010416772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO; 21731 OF RAO Between: Mala Chennaiah, S/o.Mala Husenappa, Aged about 60 Chinnahulthi Village, Pattikonda Mandal, Kurnool District. years, R/o.D.No.2/23 ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Amaravati, Guntur Revenue Department, Secretariat, Velagapudi District, 2. The District Collector & District Magistrate, Kurnool Pradesh. 3. The Revenue Divisional Officer, Pattikonda Division, Kurnool District Andhra Pradesh. 4. The Tahsildar, Pattikonda Mandal, Kurnool District, Andhra Pradesh. District. Andhra ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order, or Direction, nature of Writ of Mandamus, declaring the inaction may be more particularly one in the of the Respondent Representation, Dated survey of land in authorities in not acting upon the Petitioner's 14.07.2025 for correction of Revenue records and R.S.No.600 to the extent of Ac.3.90 cents, situated at Juturu Village, Pattikonda Mandal, Kurnool District, as illegal, arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India, consequently direct the 2^^ Respondent - the District Collector and District Magistrate, Kurnool District - to consider and dispose of the Representation dated 14.07.2025 of the Petitioner by conducting due enquiry and taking appropriate action in accordance with law, within a time bound period of one month, and pass such other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice, equity, environmental protection, and constitutional governance. 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 2"^^ Respondent - the District Collector and District Magistrate, Kurnool District to consider and dispose of the Representation dated 14.07.2025 of the Petitioner by conducting due enquiry and taking appropriateaction in accordancewith law, within a time bound period of one month. Counsel for the Petitioner: SRI V. R. MAHESWARA RAO PALETI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010416772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 21731 of 2025 Between: 1.MALA CHENNAIAH, S/0.MALA HUSENAPPA AGED ABOUT 60 R/O.D.NO.2/23, CHINNAHULTHI VILLAGE, YEARS, PATTIKONDA MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI DISTRICT, 2.THE DISTRICT COLLECTOR DISTRICT MAGISTRATE, KURNOOL DISTRICT, ANDHRA PRADESH. 3. 3;THE revenue divisional officer, PATTIKONDA DIVISION, KURNOOL DISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, PATTIKONDA MANDAL, DISTRICT,ANDHRA PRADESH. REVENUE DEPARTMENT, AMARAVATI, GUNTUR KURNOOL ...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 inaction of the Respondent authorities in not acting upon Representation, Dated 14.07.2025 for correction of Revenue records and survey of land in R.S.No.600 to the extent of Ac.3.90 cents, situated at Juturu Village, Pattikonda Mandal, Kurnool District, as illegal, arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India, consequently direct the 2ND Respondent - the District Collector and District Magistrate, Kurnool District - to consider the Petitioners 2 and dispose of the Representation dated 14.07.2025 of the Petitioner by conducting due enquiry and taking appropriate action in accordance with law, within a time bound period of one month, and pass such other order or direction as this Honble Court may deem fit and proper in the interest of justice, equity, environmental protection and governance. Counsel for the Petitioner: 1.V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: constitutional 3 ORDER: Pithily, this Writ Petition is filed on the grounds that representation made to the authorities, but it was not addressed. dated 14.07.2025 Therefore, it is representations, as the case. 2. In the judgment of Hon’ble Apex Court in P. Venkatesh reported in (2019) 15 SCC 613 held that; urged that the respondents be directed to address the such direction would suffice in the circumstances of The Government of -Xi s . r," India vs is increasingly Dispose of the representation’ mantra i 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 obiivious 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 3. end to the matter and should not direct consideration or Tribunal deciding to direct the merits, it should make it If the Court to reconsideration, "consideration" without itself examining clear that such consideration will be without prejudice to any contention 4 a A 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, more disservice than service to the cause of justice. but such orders do 5. However, the respondents are directed to consider the petitioner's representation, examine the same thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six weeks from the date the order is received. 6. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. As a sequel thereto. Interlocutory Applications pending shall stand closed. no if any. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravati, Guntur District, The District Collector District Magistrate, Kurnool District, Andhra 2. Pradesh. The Revenue Divisional Officer, Pattikonda Division, Kurnool District Andhra Pradesh. The Tahsildar, Pattikonda Mandal, Kurnool District, Andhra Pradesh. One CC to Sri V. R. Maheswara Rao Paleti, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 3. 4. 5. 6. 7. ssb • HIGH COURT DATED:21/08/2025 ORDER WP No.21731 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS