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High Court of Andhra Pradesh · body

2025 DAILYLAW 30396 (AP)

N S KRISHNAIAH CHETTY v. The State of Andhra Pradesh,

WP/22334/2025 · 2025-08-21

Tarlada Rajasekhar Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APf^C010436922025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22334 OF 20?fi ^ Between: N. g. Krishnaiah Chetty, S/o. Late Venkataraya Chetty Cultivation, District. Aged 86 Years, Occ; Pulicherla Mandal, Chittoor R/o. D.No.1-99, Kallur Village, ...PETITIONER AND 1' The State of Andhra Pradesh, Revenue Department, Secretariat, District. I 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Palamaner Revenue District. 4. The Tahsildar, Pulicherla Mandal I 5. Shaik Hakima Bee, W/o. Late Hyder Ali wife, R/o.D.No.2-243/4, Mandal, Chittoor District. 6. Ottikunta Geethanjali, W/o. Ravi Kumar House wife, Mandal, Chittoor District. Rep. by its Principal Secretary Velagapudi, Amaravathi, Guntur Division, Chittoor Chittoor District. Aged 84 years, Occ House Udagamakulapalle, Kallur Village, Pulicherla Nayudu, Aged 43 Years, Occ Rompicherla R/o. D.No.1-00, Bodipativariaplli Village, 4 7. Shaik Dilshad, W/o. Shaik Baba Saheb, Aged 52 Years, Occ House R/o. D.No.2-239, Peeleru Road Mandal, Chittoor District. wife. Kallur Village, Pulicherla ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of particularly Respondent No. 4 the Respondents, petitioners 11.06.2025 in not considering petition/objections dated 03.06.2025 and legal notice dated submitted to record the dispute/court suits pending in O.S. No. 21/2022 and O.S. No. 111/2025 and digitally unsigned status in the web land record of rights connected to the land in Survey No. 181/1 and its subdivisions, Kallur Village, Pulicherla Mandal, Chittoor District, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on him under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under violation of Principles of Natural and offends Articles 14 and 21 of Constitution of India direct the 4th respondent to Justice and consequently record dispute/court suit pending/digitally unsigned in web land record of rights connected to petitioners said land until disposal of the suit in O.S. No. 21/2022 and O.S. No. 111/2025 on the file of learned Court of Junior Civil Judge (Junior Division) at Pakala. lA NO: 1 OF 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 suspend the operation of record of rights mutated in the name of respondents 6 & 7 connected to the land of Ac. 0.25 Cents and Ac. 0.72 cents in Survey No. 181/1 and its subdivisions, Kallur Village, Pulicherla Mandal, Chittoor District and consequently direct the 4® respondent to record dispute/court suit pending/digitally unsigned in web land record of rights connected to petitioner’s said land until disposal of the suit in O.S. No. 21/2022 and O.S. No. 111/2025 on the file of learned Court of Junior Division) at Pakala, pending disposal of the main writ petition. Counsel for the Petitioner: SRI RAJENDRA C Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE^ Counsel for the Respondent Nos.5 to 7:-— The Court made the following order: Civil Judge (Junior APHC010436922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22334/2025 Between: 1.N S KRISHNAIAH CHETTY, S/0. LATE VENKATARAYA CHETTY, AGED 86 YEARS, OCC CULTIVATION, R/0. D.NO.1-99, KALLUR VILLAGE, PULICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER REVENUE DIVISION, CHITTOOR DISTRICT. 4.THE TAHSILDAR, PULICHERLA MANDAL. CHITTOOR DISTRICT. 5.SHAIK HAKIMA BEE, , W/O. LATE HYDER ALI, AGED 84 YEARS, OCC HOUSE WIFE UDAGAMAKULAPALLE, KALLUR VILLAGE, PULICHERLA MANDAL, CHITTOOR DISTRICT. 6.0TTIKUNTA GEETHANJALI, W/O. RAVI KUMAR NAYUDU, AGED 43 YEARS, OCC HOUSE WIFE, R/0. D.NO.1-00, BODIPATIVARIAPLLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 7.SHAIK DILSHAD, W/O. SHAIK BABA SAHEB, AGED 52 YEARS, OCC HOUSE WIFE, R/0. D.NO.2-239, PEELERU ROAD, KALLUR VILLAGE. PULICHERLA MANDAL, CHITTOOR DISTRICT. R/O.D.NO.2-243/4 ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, particularly Respondent No. 4 in not considering petitioners petition/objections dated 03.06.2025 and legal notice dated 11.06.2025 dispute/court suits pending in O S. No. 21/2022 and submitted to record the OS. No. 111/2025 and digitally unsigned status in the web land record of riohts connected to the land in Survey No. 181/1 and its subd^ons Kalt illage. Pulicherla Mandal, Chittoor District, as illegal irregular on ''“"'^'scharge of legal obligation conferred pVjria P / R'SMs in Land and ^ attadar Passbooks Act, 1971 and rules framed there under violation of Principles of Natural Justice and offends Articles 14 and 21 of ConsMution of India and consequently direct the 4th respondent to record dispute/court suit pending/digitally unsigned in web Ld record r a ""H ^ ■'”'2025 on the file of learned Court 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 may be pleased to suspend the operation df record of rights mutated in the name of respondents 6 & 7 the land of Ac. 0.25 Cents and Ac. 0.72 cents in Survey rLn r^ f F '^^/""bdivisions, Kallur Village. Pulicherla Mandal phittoor District and consequently direct the 4*^ respondent to record dispute/court suit pending/digitally unsigned in web land record of rights connected to petitioner’s said land until disposal of the suit O.S. No. 21/2022 and O.S, No. 111/2025 on the ffle of leirned Court Of Junior Civil Judge (Junior Division) at Pakala, pending disposal of the mam writ petition and pass such Cpunsel for the Petitioner: 1.RAJENDRAC Counsel for the Respondent(S): 1.GP FOR REVENUE in THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22334 of 2025 ORDER;- Pithily, this writ petition is filed on the ground that legal notice dated 11.06.2025 was issued to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the 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 any contention relating to limitation or delay and laches. Even if the court i ■ ?loes 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 but such orders do more disservice than service to the cause of justice. However, the respondents are directed that the petitioner’s legal nptice dated 11.06.2025 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. 5i. 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. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// (v SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. % 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Palamaner Revenue Division, Chittoor District. 4. The Tahsildar. Pulicherla Mandal, Chittoor District. 5. One CC to Sri Rajendra C, Advocate [OPUC] ^ 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:22/08/2025 ORDER WP No.22334 OF 2025 g 22S^fm ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS