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2025 DAILYLAW 30499 (AP)

NEKKANTI VENKATARAO v. THE STATE OF ANDHRA PRADESH

WP/22317/2025 · 2025-08-21

Tarlada Rajasekhar Rao

body2025

Judgment text

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' I APHC010439672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) >5 3 O m o FRIDAY,THE TWENTY SECOND DAY OF AUGUSfS, 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22317 OF 2025 Is 'c/ Between: Nekkanti Venkatarao, S/o Late Sri Satyanarayana, aged about 56 years Residing at D.Nq. 24-14-3, Near Ramakrishna Mission Road, Rajahmundry, East Godavari District - 533101. Korukonda ...Petitioner AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. Visakhapatnam. 3. The Revenue Divisional Officer, Visakhapatnam. 4. The Tahsildar, Pendurthy Mandal Visakhapatnam District. 5. Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam District, Rep. by its Executive Officer. 6. The Commissioner of Police, Visakhapatnam. Visakhapatnam City Police ...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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.4 and 5 in not f considering the representations made by the petitioner dated 12.08.2025 and 13.08.2025 respectively pursuant to conduct of joint survey with the respondent No.4 and 5 for fixation of boundaries in the Plot No.3A admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the respondents No. 4 and 5 to conduct joint survey and fix the boundaries in Plot No.3A admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District. 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 respondents No. 4 & 5 to conduct joint survey and fix the boundaries in Plot No.3A admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District, pending disposal of the writ petition. Counsel for the Petitioner: SRI NARASIMHA REDDY. G . L Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI CHINTAPALLI SRINIVAS Counsel for the Respondent No.6: GP FOR HOME The Court made the following order: APHC010439672025 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: 22317/2025 Between: 1 NEKKANTI VENKATARAO, S/0 LATE SRI SATYANARAYANA, AGED ABOUT 56 YEARS RESIDING AT D.NQ. 24-14-3, NEAR RAMAKRISHNA RAJAHMUNDRY, EAST GODAVARI DISTRICT - 533101. ...PETITIONER KORUKONDA ROAD, MISSION AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM. 3.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM. 4.THE TAHSILDAR, PENDURTHY MANDAL VISAKHAPATNAM DISTRICT. 5. SRI VARAH A LAKSHMI NARASIMHA SWAMY DEVASTHANAM, SIMHACHALAM DISTRICT, REP. BY ITS EXECUTIVE OFFICER. 6.THE COMMISSIONER OF POLICE. VISAKHAPATNAM CITY POLICE, VISAKHAPATNAM. VISAKHAPATNAM ...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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.4 and 5 in not considering the representations made by the petitioner dated 12.08.2025 and 13.08.2025 respectively pursuant to conduct of joint survey with the respondent No.4 and 5 for fixation of boundaries in the Plot No.3A admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the respondents No. 4 and 5 to conduct joint survey and fix the boundaries in Plot No.3A admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District and pass lA NO: 1 OF 2025 2 1 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 respondents No. 4 & 5 to conduct joint survey and fix the boundaries in Plot No.SA admeasuring an extent of Ac. 1.36 cents in Sy. Nos. 123/1 and 123/2 of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District, pending disposal of the writ petition Counsel for the Petitioner: 1.NARASIMHA REDDY. G . L Counsel for the Respondent{S): 1.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22317 of 2025 ORDER:- Pithily this writ petition is filed on the ground that representations dated 12.08.2025 and 13.08.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representations, 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...” 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 3. 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 ‘rO 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 does not expressly say so, that would be the legal position and effect. Disposal of proceedings by seemingly innocuous orders 4. 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’s representations dated 12.08.2025 and 13.08.2025 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. Accordingly, the Writ Petition is disposed of. There shall be no 6. order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. Visakhapatnam. 3. The Revenue Divisional Officer, Visakhapatnam. 4. The Tahsildar, Pendurthy Mandal Visakhapatnam District. 5. Executive Officer Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam District, Rep. by its 6. The Commissioner of Police, Visakhapatnam City Police, Visakhapatnam. 7. One CC to Sri. Narasimha Reddy. G . L Advocate [OPUC] 8. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT]. 10.One CC to Sri Chintapalli Srinivas, Advocate [OPUC]. 11.Two CD Copies. AL HIGH COURT DATED:22/08/2025 ORDER WP NO. 22317 OF 2025 15 SEP 2025 ' ^ . Current Section . ^ ac o 9> DISPOSING OF THE W.P. WITHOUT COSTS