KOMMINENI CHINNAKKA v. The State of Andhra Pradesh
WP/22828/2025 · 2025-08-31
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30450 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30450 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010439592025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22828/2025 Between:
1. KOMMINENI CHINNAKKA, W/O. NAGARATHNAM, AGED ABOUT 72 YEARS, RESIDING AT BODIMBAVI MUNNAGIPATTU POST, CHANDRAGIRI MANDAL, TIRUPATHI DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,
2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI.
3. THE REVENUE DIVISIONAL OFFICER / SUBCOLLECTOR, TIRUPATHI DIVISION, TIRUPATHI.
4. THE TAHSILDAR, CHANDRAGIRI MANDAL, TIRUPATHI DISTRICT.
5. N JAYAPAL NAIDU, S/O. LATE VASAIAH NAIDU, R/O. M.
KONGARAVARIPALLI, MUNGILIPATTU POST, CHANDRAGIRI MANDAL, TIRUPATHI 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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd Respondent/ the Revenue Divisional Officer, Tirupathi in not disposing of the Appeal vide Roc.H/541/2016 pending before authority since 2022 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd Respondent i.e. the Revenue Divisional Officer, Tirupathi to take up the matter and dispose of the said Appeal expeditiously as early as possible or such IA 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 direct the 3rd Respondent i.e. the Revenue Divisional Officer, Tirupathi to take up the matter vide Roc.H/541/2016 and dispose of the said Appeal
2 expeditiously as early as possible pending disposal of the above writ petition and to pass such Counsel for the Petitioner:
1. SATYANARAYANA NIMMALA Counsel for the Respondent(S):
1. GP FOR REVENUE
3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.22828 of 2025
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd Respondent/the Revenue Divisional Officer, Tirupathi, in not disposing of the Appeal vide Roc.H/541/2016 pending before authority since 2022 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd Respondent i.e., the Revenue Divisional Officer, Tirupathi, to take up the matter and dispose of the said Appeal expeditiously as early as possible…”
2. Heard Sri Nimmala Satyanarayana, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4.
3. The petitioner has approached this Court with a prayer for issuance of a direction for expeditious disposal of the appeal registered as Roc.H/541/2016 pending before the 3rd respondent- Revenue Divisional Officer, filed under Section 5(5-A) of A.P.Rights in Land and Pattadar Pass Books Act.
4.
Learned counsel for petitioner submits that the appellate authority is bound to decide the case in accordance with the law expeditiously. Inter alia, the urgency is premised on the fact that the property rights are involved in the case, and the petitioner, being senior citizen aged about seventy two years, if the delay is occasioned
4 that it will be detrimental to the petitioner. Hence, pleaded to direct the appellate authority to dispose of the appeal in a time-bound manner in accordance with law.
5. Ergo, this Court directs the 3rd respondent appellate authority to make an endeavor, or to put to an end, by making all the efforts, in deciding the case with due diligence within a reasonable time for disposal of the appeal on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond three (03) months from date of receipt of a copy 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.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.09.2025 KBN