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2025 DAILYLAW 29661 (AP)

BOGYAM VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/21979/2025 · 2025-08-19

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010424122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21979 OF 2025 Between: Bogyam Venkateswarlu, S/o. Lakshmaiah, Aged about 58 years, Occ; Agriculture, R/o. Rajupalem Village, Marripadu Mandal, SPSR Nellore District, i^ndhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur Division, SPSR Nellore District. 4. The Tahsildar, Marriapadu Mandal, 5. The Village Revenue Officer, Chunchuluru Village, Marriapadu Mandal SPSR Nellore 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 actions of respondent Nos. 2 to 5 in trying to change the entries in revenue records i.e., land in Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Mar/iapadu Mandal, SPSR Nellore District as illegal, arbitrary, unjust, unreasonable, improper and violation of the Rights in Land and Pattadar Pass Books act, 1971 and subsequent G.O's, violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to change the entries in the revenue records of petitioner's land in Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Marriapadu Mandal, SPSR Nellore District and other consequential reliefs. 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 consider the representation/notice dated 13.06.2025 made by the petitioner, pending disposal of the above writ petition. lA NO: 2 OF 2Q2fi 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 direct the respondent authorities not to disposes the petitioner from the land i : Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Marriapadu Mandal, SPSR Nellore District, pending disposal of the above petition. Counsel for the Petitioner: SRI DASARI S V V S V PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following order: to in writ APHC010424122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21979/2025 Between: 1.BOGYAM VENKATESWARLU, S/0. LAKSHMAIAH, AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/0. RAJUPALEM VILLAGE, MARRIPADU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR SECRETARY, BUILDINGS, DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR DIVISION, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, MARRIAPADU MANDAL, 5.THE VILLAGE REVENUE OFFICER, CHUNCHULURU SPSR NELLORE VILLAGE, MARRIAPADU MANDAL 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 actions of respondent Nos. 2 to 5 in trying to change the entries in revenue records i.e., land in Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Marriapadu Mandal, SPSR Nellore District as illegal, arbitrary, unjust, unreasonable, improper and violation of the Rights in Land and Pattadar Pass Books act, 1971 and subsequent G.O's, violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to change the entries in the revenue records of petitioner’s land in Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Marriapadu Mandal, SPSR Nellore District and other consequential reliefs and to pass lA NO: 1 OF 2025 2 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 consider the representation/notice dated 13.06.2025 made by the petitioner, pending disposal of the above vy/rit petition and to pass lA NO: 2 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 not to disposes the petitioner from the land in Sy. No. 465-3, to an extent of Ac. 4.00 Cents, situated at Chunchuluru Village, Marriapadu Mandal, SPSR Nellore District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21979 of 2025 ORDER:- Pithily this writ petition is filed on the ground that representation/notice dated 13.06.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation/notice, as such direction would suffice in the circumstances of the case. 2. The Hon’ble Apex Court in The Government of India vs P. Venkatesh^ held as follows: “...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. 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 (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." Disposal of proceedings by seemingly innocuous orders directing consideration of representations 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 representation/notice dated 13.06.2025 be considered by examining thoroughly, issue orders accordingly, and communicate the decision 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. Till such time, respondents are directed not to take any coercive steps. any 4. to 6. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGfSTRAR //TRUE COPY// SECTI^ OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur Division, SPSR Nellore District. 4. The Tahsildar, Marriapadu Mandal, 5. The Village Revenue Officer, Chunchuluru Village, Marriapadu Mandal SPSR Nellore District. 6. One CC to Sri Dasari S V V S V Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF y-^ HIGH COURT DATED:20/08/2025 ORDER WP NO. 21979 OF 2025 gf 0 9 SEP 2025 m O* ^VtoentSecti}^^ DISPOSING OF THE W.P., WITHOUT COSTS