Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30679 (AP)

Nelakurthy Raghava Rao v. The State of Andhra Pradesh,

WP/23040/2025 · 2025-08-31

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ • i APHC010442172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) v V- MONDAY, THE FIRST DAY OF SEPTEMBERv/^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRIJUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23040 OF 2025 Between: 1. Nelakurthy Raghava Rao, S/o. Veera Raghavaiah, Aged 42 years, Occ: Cultivation R/o. #4-38, Kellampalli Village,Marripudi Mandal, Prakasam District. 2. Nelakurthy Veera Narayana, S/o. Veera Raghavaiah, Aged 45 Occ; Cultivation R/o. #4-38, Kellampalli'’Village, Marripudi Mandal Prakasam District. V, ' years. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue" Department, Secretariat, Velagapudi Amaravati, Guntur District. V^'"' 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, KanigifrPrakasam District. 4. The Tahsildar, Marripudi Mandal Marripudi, Prakasam District. to ...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 Respondents more part/cularly 4th Respondent in not considering petitioners Application (under Form Vl-A) and representation dated 21.06.20i5 Pattadar Passbook-Cum-Title Deed and for mutation in online web land record of rights such as Pattadar Adangal/Pahani and 1-B submitted for granting e- Register etc., connected an extent of Ac. 4.46 to their agricultural landed properties admeasuring Cents covered by S.No.514/3 of Kellampalli village, Marripudi Mandal Prakasam District in their favour as illegal, irregular, irrational amounts to non-discharge of legal obligation conferred on them, under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules framed there under and offends Articles 14 21 and 300-A of Constitution of India and consequently direct the Respondents particularly Respondents 3 and 4 to grant E-Pattadar Passbook- Cum-Title Deed web land record of rights connected to petitioners said land in their favour. and mutate in online lA NO: 1 OF 2n9.i> 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 initiate necessary action more particularly 4th Respondent to consider and on their application (under Form Vl-A) representation dated 21.06.2025 submitted for granting e-Pattadar Passbook- Cum-Title Deed and mutation in online web land record of rights such Pattadar Adangal / Pahani and 1-B and as Register etc., connected to their agricultural landed properties admeasuring an extent of Ac. 4.46 Cents covered by S.No. of Kellampalli village, Marripudi Mandal, Prakasam District in their favor, pending disposal of the main Writ Petition. Counsel for the Petitioners: SMT. NIMMAGADDA REVATHi Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010442172025 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: 23040/2025 Between: 1.NELAKURTHY RAGHAVA RAO, S/0. VEERA RAGHAVAIAH. AGED 42 YEARS, OCC CULTIVATION R/0. 4-38, KELLAMPALLI VILLAGE,MARRIPUDI MANDAL, PRAKASAM DISTRICT. 2.NELAKURTHY VEERA NARAYANA, S/0. VEERA RAGHAVAIAH, AGED 45 YEARS, OCC CULTIVATION R/0. 4- 38, KELLAMPALLI VILLAGE, MARRIPUDI MANDAL, PRAKASAM DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI DISTRICT. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3.THE REVENUE DIVISIONAL OFFICER, KANIGIRI. PRAKASAM DISTRICT. 4.THE TAHSILDAR, MARRIPUDI MANDAL PRAKASAM DISTRICT. AMARAVATI, GUNTUR MARRIPUDI ...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 Respondent in not considering petitioners Application (under Form VI -A) and representation dated 21.06.2025 submitted for granting e- Pattadar Passbook-Cum-Title Deed and for mutation in online web land record of rights such as Pattadar Adangal/Pahani and 1-B Register etc., connected to their agricultural landed properties admeasuring an extent of Ac. 4.46 Cents covered by S.No.514/3 of Kellampalli village, Marripudi Mandal, Prakasam District in their favour as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them, under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules framed Respondents more particularly 4th 2 there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents particularly Respondents 3 and 4 to grant E-Pattadar Passbook- Cum-Title Deed and mutate in online web land record of rights connected to petitioners said land in their favour and to pass such 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 direct the Respondents more particularly 4th Respondent to consider and initiate necessary action on their application (under Form VI -A) and representation dated 21.06.2025 submitted for granting e-Pattadar Passbook-Cum- Title Deed and mutation in online web land record of rights such as Pattadar Adangal / Pahani and 1-B Register etc., connected to their agricultural landed properties admeasuring an extent of Ac. 4.46 Cents covered by S.No. 514/3 of Kellampalli village, Marripudi Mandal, Prakasam District in their favor, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S); 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23040 of 2025 ORDER:- Pithily, this writ petition is filed on the ground that representation dated 21.06.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, 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 the merits, it should consideration" without itself examining direct make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the court that would be the legal position and effect." does not expressly say so Disposal of proceedings by seemingly innocuous orders consideration of representation though result in quick or easy 4. directing 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 petitioners dated 21.06.2025 be considered by examining 5. representation thoroughly, issue orders accordingly, and communicate the decision to the petitioners. 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. sequel thereto, miscellaneous petitions pending, if any As a shall stand closed. Sd/- M PRABHAKAR RAO assistant R^ISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasarh'District at Ongole. k. 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahsildar, Marripudi Mandal, MarripudC Prakasam District. 5. One CC to Smt. Nimmagadda Revathi, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF # HIGH COURT DATED:01/09/2025 ORDER WP NO. 23040 OF 2025 *( 12 SEP 2025 ^NXurrent Section^^T- v ■ o. f ' Cf, disposing of the W.P., WITHOUT COSTS