APHC010445662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23306/2025 Between: 1. ANNANGI ESWARAIAH, S/O. PENCHALAIAH, AGED ABOUT 42 YEARS, OCC AGRICULTURE, R/O. 10/687-5 PAGADALA PALII, RAILWAY KODURU ANNAMAYYA DISTRICT, ANDHRA PRADESH 2. KAVATURI GURAVIAH, KAVATURI GURAVIAH, AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/O. 1/48-A, MITTAMEEDHA PALLI, RAJAMPETA MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE RAILWAY KODUR GRAM PANCHAYTH, KODURU MANDAL, ANNAMAYYA DISTRICT., REP., BY ITS PANCHAYATH SECRETAR ...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 action of the respondent No.2 in not acting upon the representation, dated 25.03.2025 submitted by the petitioners for mutation/change of panchayath records i.e., House Tax and Water Tax in my favour in respect of the residential House bearing Door No.7/765 situtate in Sy.No.730/9, Ward No.7, Jagadam palle. 2 Railway Koduru Gram Panchayat and Mandal, Y.S.R Kadapa District as arbitrary, illegal, abdication of the statutory duty cast upon him and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to them under Articles, 14, 19, 21 of the Constitution of India and consequently direct the respondent No.2 to mutate the Panchayath records i.e. House Tax and Water Tax in my favour for the residential House bearing Door No.7/765 situated in Sy.No.730/9, ward No.7, Jagadam Palle, Railway Koduru Gram Panchayat and Mandal, Y.S.R Kadapa District and pass 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 pleased to direct the respondent No.2 to consider the representation, dated 25.03.2025 submitted the petitioners, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23306/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not acting upon the representation, dated 25.03.2025 submitted by the petitioners for mutation/change of panchayath records i.e., House Tax and Water Tax in petitioners’ favour in respect of the residential House bearing Door No.7/765 situated in Sy.No.730/9, Ward No.7, Jagadam palle, Railway Koduru Gram Panchayat and Mandal, Y.S.R Kadapa District as arbitrary, illegal, abdication of the statutory duty cast upon him and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to them under Articles 14, 19, 21 of the Constitution of India and consequently direct the respondent No.2 to mutate the Panchayath records i.e. House Tax and Water Tax in petitioners’ favour for the residential House bearing Door No.7/765 situated in Sy.No.730/9, ward No.7, Jagadam Palle, Railway Koduru Gram Panchayat and Mandal, Y.S.R Kadapa District and pass such other order.” 2. Heard learned counsel for the petitioners, learned Government Pleader for respondent No.1 and the learned Standing Counsel for respondent No.2. 3. Learned counsel for the petitioners submits that the petitioners purchased a house bearing D.No.7/765 admeasuring to an extent of 981.17 Sq. yards in Sy.No.730/9, Ward No.7, Jagadampalle, Railway Koduru Gram Panchayat & Mandal, Annamayya District through a sale deed dated 21.07.2016. Since, 4 then the petitioners are in peaceful possession and enjoyment of the same. While so, the petitioners made a representation dated 25.03.2025 requesting the 2nd respondent to mutate their names in the Panchayat records i.e., house tax, water tax and other panchayat records being maintained by him. But, for the one reason or the other, the 2nd respondent did not consider the said representation. Hence, the Writ Petition. 4. Learned counsel for the petitioners further requested this Court, without touching the merits of the case, to issue a direction to the 2nd respondent to consider the representation dated 25.03.2025. 5. Learned Standing Counsel for respondent No.2 readily agreed to consider the representation dated 25.03.2025, if any pending with the 2nd respondent. 6. In view of the submission of the learned Standing Counsel for the 2nd respondent, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of 1 2019 (8) SCALE 544 5 the representation dated 25.03.2025, this Court find no other alternative except to issue such direction. 7. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 25.03.2025 redressing the grievance of the petitioners, after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.09.2025 TTPPSS 6 90 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23306/2025 04.09.2025 TTPPSS