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2025 DAILYLAW 29488 (AP)

VALETI BHUSHANAM v. THE STATE OF AP

WP/21781/2025 · 2025-08-17

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010422052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V.-' 0? MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO- 21781 OF 2()9fi v-' RAO t Between: Valeti Bhushanam, S/o. Late Agriculturist, R/o. Obulanaidupalem, Guntur Rural Mandal, Pedda Ankaiah, Aged about 53 years, Guntur District ...Petitioner AND 1- The State of Andhra Pradesh, Rep by its Principal Secretary Velagapudi, Amaravati, Guntur , Revenue Department, Secretariat Buildings District. 2. The District Collector, Palnadu Di^ct, Narasaraopet, 3. The Revenue Divisional Officer, Narasara'S^et, Palnadu 4. The Tahsildar, Ediapadu Mandal, Palnadu District. District 4. ...Respondents Petition under Article 226't5f the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No. 4 in considering the online application of the petitioner vide Application MLPM250623130003 for mutation of the name of the petitioner in revenue records for an extent of AC. 7.00 Cents of Agriculture land in Sy No 513 of Kondaveedu Revenue Village, Kondaveedu Grampanchayat limits, Yadlapadu No. Mandal, Present Palnadu District as illegal, arbitrary and unconstitutional, and consequently direct the respondent No 4 to consider the online application of MLPM250623130003 for mutation of the name of the petitioner in revenue records for an extent of AC 7 OO'Cents Agnculture land in Sy No, 513 of Kondaveedu Revenue Village, Kondaveedu Grampanchayat limits. Yadlapadu Mandal. the petitioner vide Application No. of Palnadu District. lA NO: 1 OF 90'?^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to the respondent No.4 praying that in the circumstances stated to forthwith consider the online application of the petitioner vide Application No. MLPM250623130003 for mutaton of the name of the petitioner in revenue records for an extent of AC 7.00 Cents of Agriculture land in Sy No. 51 s 'of Kondaveedu Revenue Village Kondaveedu Grampanchayat limits, Yadlapadu Mandal, Palnadu District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VENKATA SUBBAIAH POGULA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010422052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21781/?n?.^ Between: 1.VALETI BHUSHANAM, S/0. LATE PEDDA ANKAIAH ABOUT 53 YEARS AGED AGRICULTURIST, r _ OBULANAIDUPALEM, GUNTUR RURAL MANUAL GUNTUR DISTRICT R/O. ...PETITIONER AND BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS^ REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR NARASARAOPET. 3.THE REVENUE DIVISIONAL OFFICER, NARASARAOPET PALNADU DISTRICT 4. 4.THETAHSILDAR, EDIAPADU MANUAL, PALNADU 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 order, writ or direction more particularly one in the nature of Writ of inaction of the respondent No. 4 in considering the online application of the petitioner vide Application No. MLPM250623130003 for mutation of the name of the petitioner in revenue records for an extent of AC. 7.00 Cents of Agriculture land in Sy No. 513 of Kondaveedu Revenue Village, Kondaveedu Grampanchayat limits, Yadlapadu Mandal Present Palnadu District PALNADU DISTRICT, as illegal, arbitrary and unconstitutional, and consequently direct the respondent No. 4 to consider the online application of the petitioner vide Application No. MLPM250623130003 for mutation of the name of the petitioner in revenue records for an extent of AC. 7.00 Cents ^ Kondaveedu Revenue Village of Agriculture land in Sy No. 513 of - Kondaveedu Grampanchayat limits, Yadlapadu Mandal, Palnadu District and be pleased to lA NO: 1 OF 2025 pass praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to issue interim directions to the respondent No.4 to forthwith consider the online application of the Petition under Section 151 CPC 9 petitioner vide Application No. MLPM250623130003 for mutation of the name of the petitioner in revenue records for an extent of AC. 7.00 Cents of Agriculture land in Sy No. 513 of Kondaveedu Village, Kondaveedu Grampanchayat limits, Yadlapadu Palnadu District) pending disposal of the Writ Petition and be pleased to pass Counsel for the Petitioner: 1.VENKATA SUBBAIAH POGULA Counsel for the Respondent(S): 1.GP FOR REVENUE Revenue Mandal, HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21781 of 2025 THE ORDER;- Pithily this writ petition is filed on the ground that application the authorities, but it was not dated 23.06.2025 was made to addressed. Therefore, it is urged that the respondents be directed to such direction would suffice in the address the application, circumstances of the case. as The Government of India vs P. The Hon’ble Apex Court in Venkateshi' held as follows; 2. mantra is increasingly “...Dispose of the representation the High Courts and the permeating the judicial process ■ ^ Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory mstitu lons^ But they do not service to the cause of justice. The litigan 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...” in 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. 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 3. (2019) 15 see 613 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 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." any 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 application dated 23.06.2025 be considered by examining thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, 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.PRABHAKAR RAO //TRUE COPY// ASSISTANT REGISTRAR SECT& OFFICER To, 1- The Principal Secretary, Revenue r Velagapudi, Amaravati, Guntur District. Department, Secretariat Buildings, »v> 2. The District Collector, Palnadu District, Narasaraopet. 3. The Revenue Divisional Officer, Narasaraopet, Palnadu District 4. 4. The Tahsildar, Ediapadu Mandal, Palnadu District. 5. One CO to Sri Venkata Subbaiah Rogula Advocate 6. Two CCs to GP for Revenue High Qourt of Andhra 7. Two CD Copies [OPUC] Pradesh [OUT] TF r \ „• j*-' HIGH COURT DATED:18/08/2025 ORDER WP NO. 21781 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS