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2025 DAILYLAW 3248 (AP)

NELLORE YEDUKONDALU v. THE STATE OF ANDHRA PRADESH

WP/1359/2025 · 2025-01-22

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GATviNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1359 OF 2025 Between: 1. Nellore Yedukondalu, S/o Venkataramanaiah, Aged about 28 years, Occ. Agriculture, R/o Anasuyanagar, Siddipuram Gram Panchayat, Sangam Mandal, SPSR Nellore District. 2. Nellore Haribabu, S/o Venkataramanaiah, Aged about 26 years, Occ. Agriculture, R/o Anasuryanagar, Siddipuram Gram Panchayat, Sangam Mandal, SPSR Nellore District.'^/ ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by Its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Nellore District at Nellore. 3. The Tahsildar, Sangam Mandal, SPSR Nellore District. ...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 order or direction more particularly one in the nature of Writ of Mandamus declare the in-action of respondent No.3 in considering the application of the petitioner vide Application NO.ADLC0122083646 and ADLC0122083645 dated 08-03-2P,22 for rectification of entries in the revenue records to the extent of Ac.0.60 Cents and Ac.0.60 Cents respectively in Sy. No.453/1 in Padamatipalem Village, Sangam Mandal, Nellore District is an illegal, arbitrary, violation of Sec.4 and 5 of A.P. Rights in Land and Pattadar Passbook Act, 1971 and a 1 violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to incorporate the names of the petitioners in . revenue records by considering their online application vide Application NO.ADLC0122083646 and ADLC0122083645 dated 08-03-2022 pertaining to lands to the extent of Ac.0.60 Cents and Ac.0.60 Cents respectively in Sy. No.453/1 in Padamatipalem Village, Sangam Mandal, Nellore District. *■* ¥ I r 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 to incorporate the names of the petitioners in revenue records by considering their online application vide Application NO.ADLC0122083646 and ADLC0122083645 dated 08-03-202'2 pertaining to lands to the extent of Ac.0.60 Cents and Ac.0.60 Cents respectively in Sy. No.45'3/1 in Padamatipalem Village, Sangam Mandal, Nellore District pending disposal of the above Writ Petition. Counsel for the Petitioners: Ms.T. RADHA RANI FOR SRI HARINATH REDDY SOMA Counsel for the Respondent Nos.1 to 3: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE The Court made the following: ORDER -'I f [3328] IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) WEDNESDAY ,THE ™ENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE APHC010014362025 S;P. aw f PRESENT JUSTICE GANNANIANENI RAMAKRISHNA PRASAD WRIT PET|Ti<^N MO- 1359/2025 the honourable SRI Between; AGED venkataramanaiah R/0 anasuyanagar, sangam mandal, spsr 1 NELLORE YEDUKONDALU, S/0 about 28 YEARS, OCC. AGRICULTURE SIDDIPURAM GRAM PANCHAYAT, NELLORE DISTRICT. l S/0 venkataramanaiah, aged ABOUT OCC. 'agriculture, r/0 ANASURYA,;,GAa sangam mandal, spsr 2. NELLORE HARIBABU 26 YEARS, SIDDIPURAM GRAM PANCHAYAT NELLORE DISTRICT. ...PETITIONER(S) AND REP.BY its PRINCIPAL SECRETARIAT OF ANDHRA PRADESH revenue DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. , NELLORE DISTRICT AT NELLORE. 1.THE STATE SECRETARY buildings, 2.THE DISTRICT COLLECTOR TAHSILDAR, SANGAM MANDAL SPSR NELLORE DISTRICT ...RESPONDENT(S); Counsel for the Petitioner(S): 1.HAR1NATH REDDY SOMA Counsel for the Respondents): / 2 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms.T.Radha Rani, learned Counsel appearing on behalf of Sri Harinath Reddy Soma, learned Counsel for the Petitioners and Sri K.Arjun Chowdary, learned Assistant Government Pleader. 2. The present Writ Petition is filed challenging the inaction on the part of the Respondent No.3 in acting on the Application Nos.ADLC0122083 646 ADLC0122083645 dated 08.03.2022 (Ex.P3). The date of the Applications itself would indicate that there is undue delay on the part of the Tahsildar, Sangam Mandal (Respondent No.3) in acting on the Applications which is a matter of serious concern for this Court. and 3. However, having regard to the facts and circumstance of this Court deems it appropriate to dispose of this Writ Petition case, this at the admission stage, without going into the merits, directing the Respondent No.3 to consider the Applications (mentioned supra) and pass a Speaking Order in accordance with law within a period of six weeks from today and communicate a copy of such Order to the Writ Petitioners forthwith. Any further delay will be viewed by this Court seriously that may lead to initiation of departmental proceedings for dereliction of duty and gross inaction. 4. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the Principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioners herein. consider their 3 submissions/objections and documents, if any, before passing the final Order. Writ Petitioners are directed to submit a copy of this Order to the Respondent Nos.2, 3 and the Revenue Divisional Officer, SPSR Nellore District within one week from today for effective compliance. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 6. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTF^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, yelagapudi, Guntur District. 2. The District Collector, Nellore District at Nellore. 3. The Tahsildar, Sangam Mandal, SPSR Nellore District. 4. One CC to Sri Harinath Reddy Soma, Advocate [OPUC] 5. Two CCs to GP for Reverfue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:22/01/2025 ORDER of ANDH^ WP.No.1359 of 2025 X 0 3 FEB 20?5 Co o Current Siectlon . ^ DISPOSING OF THE W.P. WITHOUT COSTS