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2025 DAILYLAW 30820 (AP)

PALETI GOPAL REDDY v. THE STATE OF ANDHRA PRADESH

WP/22967/2025 · 2025-08-31

Tarlada Rajasekhar Rao

body2025

Judgment text

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V APHC010446012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a ffK MONDAY, THE FIRST DAY OF SEPTEMBER I?, TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22967 OF 2025 y. Between: Paleti Gopal Reddy, S/o.Radhakrishna Reddy, Aged about 61 R/o.Varigonda Village, T.P.Gudur Mandal, SPSR Nellore District. years. ...Petitioner AND 1. TheStateofAndhraPradesh, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat, Velagapudi, Amravati, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Commissioner, Endowments Department, Government of Andhra Pradesh, Gollapudi, 0pp. Vijayawada, Krishna District. 4. The District Registrar, Registration and Stamps Department Nellore District, Nellore. 5. The SubRegistrar, Registration and Stamps Department, T.P. Gudur Mandal, SPSR Nellore District. S.Grand Restaurant, One Center, SPSR 6. The Revenue Divisional Officer, Nellore Division, SPSR Nellore District. 7. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. 8. The Executive Officer, Sri Bhuvaneswari Moolasthaneswara Swamy Temple, Mulapet, Nellore, SPSR Nellore District. Sameta and Sri ...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 ^ pleagfed to issue a Writ, Order or Direction, more particularly one in the nature of|landamus, declare the action of the Respondents 2 to 4 in kept pending petitioner's Online Application, dt,05.07.2025 for deleting the petitioner^ property, an extent of Ac. 1.21 cts in Sy.No. 179/1, Gundlapalem Village, SPSR Nellore District, from the category 22A-(1) (C), which is illegal, arbitrary, and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, consequently direct the respondents 2 to 4 to consider and dispose petitioner's Online Application, dt,05.07.2025 and delete property, an extent of Ac.1.21 cts in Sy.No.179/1, Gundlapalem Village Nellore District, from the category 22A-(1) (C) forthwith. of the Petitionei% SPSR lA NO: 1 OF 20?.*^ 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 2 to 4 to consider and dispose of petitioner’s Online Application, dt.05.07.2025 and delete the Petitioner’s property, an extent of Ac.1.21 cts in Sy.No. 179/1, Gundlapalem Village, SPSR Nellore the category 22A-(1) (C), pending disposal of the above interest of justice. District, from writ petition, in the Counsel for the Petitioner: SRI PAMARTHI KAMESWARA Counsel for the Respondent Nos. 2, 6 & 7: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR ENDOWMENTS Counsel for the Respondent Nos. 1, 4 & 5: GP FOR REGISTRATION AND STAMPS RAO Counsel for the Respondent No.8: SMT. DEVI SUBHASHINI ANNE FOR ENDOWMENTS) (SC The Court made the following order: APHC010446012025 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: 22967/2025 Between: 1.PALETI GOPAL REDDY, S/O.RADHAKRISHNA REDDY AGED ABOUT 61 YEARS, R/O.VARIGONDA VILLAGE, T.P.GUDUR MANDAL, SRSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT NELLORE. 3.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, OPp! S.GRAND RESTAURANT, ONE CENTER, VIJAYAWADA KRISHNA DISTRICT. 4.THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT SPSR NELLORE DISTRICT, NELLORE. 5.THE SUBREGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, T.P. GUDUR MANDAL, SPSR NELLORE DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER, NELLORE DIVISION SPSR NELLORE DISTRICT.. 7.THE TAHSILDAR, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. 8.THE EXECUTIVE OFFICER, SRI BHUVANESWARI SAMETA AND SRI MOOLASTHANESWARA SWAMY TEMPLE MULAPET, NELLORE, SPSR NELLORE 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 topleased to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus, declare the action of the Respondents 2 to 4 in kept pending petitioner's Online Application, dt.05.07.2025 for deleting the petitioners property, an extent of Ac. 1.21 cts in Sy.No. 179/1, Gundlapalem Village, SPSR Nellore District, from the category 22A-(1) (C), which is illegal, arbitrary, and violation of 2 Articles 14, 19(1)(g) and 21 of the Constitution of India, consequently direct the respondents 2 to 4 to consider and dispose of petitioner's Online Application, dt,05.07.2025 and delete the Petitioners property, an extent of Ac.1.21 cts in Sy.No.179/1, Gundlapalem Village, SPSR Nellore District, from the category 22A-(1) (C) forthwith, and pass 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 Pleased to direct the Respondents 2 to 4 to consider and dispose of petitioner’s Online Application, dt,05.07.2025 and delete the Petitioner’s property, an extent of Ac.1.21 cts in Sy.No.179/1, Gundlapalem Village, SPSR Nellore District, from the category 22A-(1) (C), pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR ENDOWMENTS 3.GP FOR REGISTRATION AND STAMPS THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22967 of 2025 ORDER:- Pithily, this writ petition is filed on the ground that application dated 05.07.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the application, as such direction would suffice in the circumstances of the case. The Hon’ble Apex Court in The Government of India vs P. 2. 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. 3. 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. stale" issue or dispute, the If it is with reference to a "dead" or 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 does not expressly say so, that would be the legal position and effect." 4. Disposal of proceedings by seemingly 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. 5. However, the respondents are directed that the petitioner’s application dated 05.07.2025 be considered by examining thoroughly, issue orders accordingly, and communicate the decision petitioner. It goes without saying that the entire completed within six (06) weeks from the date of receipt of a copy of this order. innocuous orders to the process will be 6. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department, Secretariat, Velagapudi, Amravati, Guntur District. Revenue (Registration and Stamps) 2. The District Collector, SPSR Nellore District, Nellore. 3. The Commissioner, Endowments Department, Government of Andhra 0pp. S.Grand Restaurant, One Center, Pradesh, Gollapudi Vijayawada, Krishna District. 4. The District Registrar, Registration and Stamps Department SPSR Nellore District, Nellore. 5. The Sub-Registrar, Registration and Stamps Department, T.P. Gudur Mandal, SPSR Nellore District. 6. The Revenue Divisional Officer, Nellore Division, SPSR Nellore District.. 7. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. Sri Bhuvaneswari Sameta and Sri 8. The Executive Officer Moolasthaneswara Swamy Temple, Mulapet, Nellore, SPSR Nellore District. 9. One CC to Sri Pamarthi Kameswara Rao, Advocate [OPUC] 10. One CC to Smt. Devi Subhashini Anne (SC for Endowments), Advocate [OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 14. Two CD Copies TF HIGH COURT . DATED:01/09/2025 ORDER WP NO. 22967 OF 2025 5( 18 SEP 2025 O; Sectljj^xy^ DISPOSING OF THE W.P., WITHOUT COSTS