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2025 DAILYLAW 31910 (AP)

GUNTURI MALLESWARA RAO v. The State of Andhra Pradesh

WP/23823/2025 · 2025-09-08

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

' APHC010467212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ri TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23823 OF 2025 ’ Between: Gunturi Malleswara Rao, S/o. Late Nagaiah, Aged 72 years, Occ: Cultivation R/o. Dubagunta, H/o. Kandukur Village and Mandal Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its principal Secretary to Government, Revenue Department Amaravati, Guntur District, 2. The District Collector, Prakasam District at Ongole. 3. The Joint Collector, Prakasam District at Ongole. 4. The Revenue Divisional, Kandukur Revenue Division Prakasam District. 5. The Tahsildar, Kandukur Mandal, Prakasam District. 6. Atthinti Ratthamma, D/o. Venkata Subbaiah R/o. Kandukur Village Kandukur Mandal, Prakasam District. Secretariat, Velagapudi Kandukur, ...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 d.pclaring the action of Respondent No.3 in non deciding the Revision Petition and suspension petition dated 25.07.2025 filed by petitioners under Section 9 of Andhra Pradesh Rights Pattadar Passbooks Act, 1971 and the rules framed thereunder against the order of 4th Respondent in D.DIS.B/1532/2019 dated 19.06.2025 as illegal, irregular, unjust, amounts to non-discharge of legal obligation conferred him/her under such statute and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to decide said revision petition in accordance with law and pass orders in accordance with law. in Land and on lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of order D.DIS.B/1532/2019 dated 19.06.2025 passed by the 4*^ respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : NONE APPEARED The Court made the following APHC010467212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE NINTH DAY OF SEPTEMBER ' TWO THOUSAND AND TWENTY FIVE f PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23823/2025 Between: 1.GUNTURI MALLESWARA RAO, S/0. LATE NAGAIAH, AGED 72 YEARS, OCC CULTIVATION, R/0. DUBAGUNTA, H/0. KANDUKUR VILLAGE AND MANDAL PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3.THE JOINT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 4.THE REVENUE DIVISIONAL, KANDUKUR REVENUE DIVISION, KANDUKUR, PRAKASAM DISTRICT. 5.THE TAHSILDAR, KANDUKUR MANDAL, PRAKASAM DISTRICT. 6.ATTHINTI RATTHAMMA, D/0. VENKATA SUBBAIAH R/0. KANDUKUR VILLAGE, KANDUKUR MANDAL, PRAKASAM 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.3 in non-deciding the Revision Petition and suspension petition dated 25.07.2025 filed by petitioners under Section 9 of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the rules framed thereunder against the order of 4th Respondent in D.DIS.B/1532/2019 dated 19.06.2025 as illegal, irregular, unjust, amounts to non-discharge of legal obligation 2 conferred on him/her under such statute and offends Articles 14 and ^ 21 of Constitution of India and consequently direct the 3rd respondent to decide said revision petition in accordance with law and pass orders in accordance with law and pass \A NO: 1 OF 202fi 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 suspend the operation of order D.DIS.B/1532/20 19 dated 19.06.2025 passed by the 4th respondent, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.NIMMAGADDAREVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 % •» THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 23823 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; f “...to issue a writ, order or direction more particuiariy one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.3 in non-deciding the Revision Petition and suspension petition dated 25.07.2025 filed by petitioners under Section 9 of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the rules framed thereunder against the order of 4^^ Respondent in D.DIS.B/1532/2019 dated 19.06.2025 as illegal, irregular, unjust, amounts to non discharge of legal obligation conferred on him/her under such statute and offends Articles 14 and 21 of Constitution of India and conseguently direct the 3''^ respondent to decide said revision petition in accordance with law and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of fhe case”. The petitioner has approached this Court with a prayer for 2. issuance of a direction for expeditious disposal of the Appeal, dated 25.07.2025 filed by the petitioner against the order dated 19.06.2025 of the 4*^ respondent, pending before the 3'^ respondent filed under provisions of A.P.Rights in Lands and Pattadar Passbooks Act, 1971. The learned counsel for the petitioner stated that the appellate 3. authority is bound to decide the case in accordance with law expeditiously. The urgency that is stated that the property rights are involved in the case if the delay is occasioned that it will be detrimental to the petitioner. Hence, pleaded to direct the revisional authority to dispose of the revision in a time bound manner in accordance with law. itaJ 4 Ergo the Court directs the S'"' respondent appellate authority to ^ make an endeavour by making all the efforts with due diligence for disposal of the stay petition in Appeal, dated 25.07.2025 filed by the petitioner, as per law, as expeditiously as possible and in any case, within four weeks from the date of receipt of the order. 4. 5. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- SRI T SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTIO^FFICER To. 1. The Principal Secretary to Government, “ Andhra Pradesh, Secretariat, Velagapudi, Amaravati, 2. The District Collector, Prakasam District 3. The Joint Collector, Prakasam District at Ongole. 4. The Revenue Divisional, Kandukur Revenue Division Prakasam District. Revenue Department, State of , Guntur District. at Ongole. Kandukur, 5. The Tahsildar, Kandukur Mandal 6. One CC to M/s. Nimmagadda Revathi Prakasam District. Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies Pradesh [OUT] Cnr { HIGH COURT DATED:09/09/2025 ORDER WP NO. 23823 OF 2025 sT 2 5 SEP 2025 )^j V yA?/ it<Qurnnt Sectjgjpxvy 3- DISPOSING OF THE W.P. WITHOUT COSTS