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2025 DAILYLAW 32607 (AP)

R.Rekha v. The State of Andhra Pradesh,

WP/24645/2025 · 2025-09-11

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010481892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) C FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24645 OF 2025 Between: R.Rekha, W/o R.Manohar, aged 38 years, R/o. D.No.5-510, Kamativaripalle Pileru Mandal, Chittoor district,now Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, at Velagapudi, Amaravati, Guntur District. 2. The District Registrar of Stamps and Registration, Tirupati, Tirupati District. 3. The Sub Registrar, Tirupati Urban, Tirupati District. 4. D Swarna, W/o. Srimannarayana Reddy, aged about 49 years, R/o. Door No. 19-13/1-12, Narayanapuram, Tiruchanoor Road, Tirupati Town and Mandal, Chittoor District. 5. Yelluri Kiran Kumar Reddy, S/o Y.Sudhakar Reddy, aged 32 years, R/o. D.No.4-46, Kommireddigaripalli, Musthuru, Nimmanapalle Mandal, Chittoor District. 6. D Rohan Reddy, S/o Srimannarayana Reddy, aged 24 years R/o D.No.19-13/1-12 Narayanapuram, Tiruchanur Road, Tirupati Urban Mandal, Tirupati 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 for the reasons stated in the above accompanying affidavit, the petitioner herein pray that this Hon'ble court seeking a writ order or direction particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not considering the petitioner Representation dt.21.08.2025, wherein the petitioner requested the 3rd respondent not to entertain any further registration in respect of the land an extent Ac.2.00 cents in Sy.no. 3/2C2/E2 of Tirupati urban lands, Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent to consider the petitioner Representation dt.21.08.2025 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 to direct the 3rd respondent to consider and pass appropriate orders on the Representation submitted by the petitioner on 21.08.2025 and pass. Counsel for the Petitioner: GALLA SUDARSANA RAO Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondents No.2& 3: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents No. 4 to 6: None appeared The Court made the following more 1 APHC010481892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24645/2025 Between: 1.R.REKHA, W/0 R.MANOHAR, AGED 38 YEARS, R/0. D.NO.5-510, KAMATIVARIPALLE, PILERU MANDAL, CHITTOOR DISTRICT,NOW ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, BUILDINGS, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE DEPARTMENT, SECRETARIAT 2.THE DISTRICT REGISTRAR OF STAMPS AND REGISTRATION, TIRUPATI, TIRUPATI DISTRICT. 3.THE SUB REGISTRAR, TIRUPATI URBAN, TIRUPATI DISTRICT. 4.D SWARNA, W/0. SRIMANNARAYANA REDDY, AGED ABOUT 49 R/0. DOOR NO. 19-13/1-12, NARAYANAPURAM, YEARS, TIRUCHANOOR ROAD, TIRUPATI TOWN AND MANDAL, CHITTOOR DISTRICT. 5.YELLURI KIRAN KUMAR REDDY, S/0 Y.SUDHAKAR REDDY, AGED 32 YEARS, R/O. D.NO.4-46, KOMMIREDDIGARIPALLI, MUSTHURU, NIMMANAPALLE MANDAL, CHITTOOR DISTRICT. 6.D ROHAN REDDY, S/0 SRIMANNARAYANA REDDY, AGED 24 YEARS R/O D.NO.19-13/1-12 NARAYANAPURAM, TIRUCHANUR ROAD, TIRUPATI URBAN MANDAL, TIRUPATI 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 toFor the reasons stated in the above accompanying affidavit, the petitioner herein pray that this Hon'bie court seeking a writ order or direction more particuiarly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not considering the petitioner Representation dt.21.08.2025, wherein the petitioner requested the 3rd respondent not to entertain any further registration in respect of the land an extent Ac.2.00 cents in Sy.no. 3/2C2/E2 ofTirupati urban lands, Tirupati Distret as illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent to consider the petitioner Representation dt.21.08.2025 and pass Counsel for the Petitioner: 1 .GALLA SUDARSANA RAO Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.24645 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Respondents and perused the material placed on record. 2. The petitioner is claiming rights over the subject property to an extent of Ac.2.00 cents in Sy.No.3/2C2/E2 of Tirupati Urban, Tirupathi District. The petitioner instituted O.S.No.84/2025 on the file of iV Additional District Judge, Tirupathi against the unofficial respondents for declaration of title and partition on the subject property. Pending civil suit, the respondents are trying to alienate the subject property in favour of the third parties to defeat the interest of the petitioner. Hence the writ petition. 3. Learned counsel for the petitioner submits that petitioner rd submitted a representation dated 21.08.2025 to the 3 respondent herein requesting not to entertain any registration in respect of the suit schedule property. Even after receipt of the said representation by the 3'^'^ respondent, the subject property was not enumerated in the list of disputed register for the purpose h of not entertaining any registration against the subject Hence the writ petition. 4. On the other hand, learned Government Pleader that the disputed register can be updated or amended property. submits in respect of the disputes where the suits are pending for declaration of title and partition suits. In the instant case the petitioner filed a suit for declaration of title and partition and since the same is pending, the claim of the petitioner can be considered by the 3^^ respondent herein. 5. In view of the submission of the learned Government Pleader for Revenue, 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.Venkatesh^”, 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 no service to the cause of justice. As the learned counsel for the petitioner requested to issue a direction to dispose of the representation himself 2019(8) SCALE 544 5 dated 21.08.2025, this Court find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the 6. respondents, particularly the 3 respondent herein to consider the representation dated 21.08.2025 of the Petitioner and pass appropriate orders after affording an opportunity of hearing to the petitioner and other stakeholders if any within a period of two (02) months from the date of receipt of a copy of this order. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// S TIO To, Revenue Department, Secretariat 1. The Principal Secretary, Buildings, At Velagapudi, Amaravati, Guntur District. 2. The District Registrar of Stamps and Registration, Tirupati, Tirupati District. 3. The Sub Registrar, Tirupati Urban, Tirupati District. 4. One CC to SRI. GALLA SUDARSANA RAO, Advocate [OPUC] 5. Two CCS to GP for REVENUE, High Court of Andhra Pradesh [OUT] 6. Two CCS to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 7. Two CD Copies vna HIGH COURT DATED:12/09/2025 ORDER WP NO. 24645 OF 2025 * n SEP 2025 ^ &^ . Currenl iieciion ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS