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2025 DAILYLAW 3270 (AP)

C. Surendra Natha Reddy, v. The State Andhra Pradesh,

WP/800/2025 · 2025-01-09

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE-.^ PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 800 OF 2025 Between: 1. C. Surendra Natha Reddy, S/o. Late C. Venugopal Reddy, Aged about 59years, R/o. D.No.2-112, Yadamari village, Yadamari Mandal, Chittoor District, AndhraPradesh-517422.^ 2. R.Ravi, S/o. Late R. Narayanaswamy Raju, Aged about 58years, R/o. Dr.No. 10/m, Maruthinagar, Tirupati District, AndhraPradesh-517501. " 3. K. Vijayakumari, D/o. K. SadasivaReddy, Aged about 55 years, R/o. Gundlacheruvu Village, Gativeedu Mandal, Kadapa District, Andhra Pradesh-516267. ...PETITIONERS AND 1. The State Andhra Pradesh, Rep. by it's PrI. Secretary Revalue, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Tirupati District, TirupathI, Andhra Pradesh. 3. The Revenue Divisional Officer, Tirupati, Tirupathi District. 4. The Tahasildar, Tirupati Urban Mandal, Tirupathi 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 2'^^ respondent i.e.. District ^lector Tirupathi for not deleting the petitioners land extent Ac.1.63cents in Sy.No.78/2C at Mangalam village from prohibited list without considering the order dated 08-03^82 in SR.No.130/11v__- '(G)/1980 on the file of Settlement officer, Nellore and not considering letter an ^ vide Roc. A/83/2023, dated26- 06-2023 to 2 nd rd respondent through 3 respondent is arbitrary, illegal, violation of principals of natural justice and violation of Articles 19, 20, 21 and 300A of the Constitution of India and consequently direct the respondents to delete the land an extent Ac 1.63 cents in Sy.No.78/2c at Mangalam village from prohibited list. 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 direct the respondents to delete the land an extent Ac 1.63 cents In Sy.No.78/2C at Mangalam village, Tirupathi Urban Mandat, Tirupathi District from prohibited list. Counsel for the Petitioners : Ms. P. PRASHAMSHA FOR SRI G. V. V. S. VARA PRASAD Counsel for the Respondents: SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE The Court made the following: ORDER 1 APHC010014462025 [3328] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 800/2025 Between: 1.C. SURENDRA NATHA REDDY,, S/0 LATE C. VENUGOPAL REDDY, AGED ABOUT 59YEARS, R/0. D.NO.2-112, YADAMARI VILLAGE, YADAMARI MANDAL, CHITTOOR DISTRICT, ANDHRAPRADESH- 517422 2.R.RAVI,, S/0. LATE R. NARAYANASWAMY RAJU, AGED ABOUT 58YEARS, R/0 DR.NO. 10/116, MARUTHINAGAR, TIRUPATI DISTRICT, ANDHRAPRADESH-517501 3.K. VIJAYAKUMARI D/0 K. SADASIVAREDDY, AGED ABOUT 55 YEARS, R/0. GUNDLACHERUVU VILLAGE, GATIVEEDU MANDAL, KADAPA DISTRICT, ANDHRA PRADESH-516267 ...PETITIONER{S) AND 1.THE STATE ANDHRA PRADESH, REP. BY IT'S PRI. SECRETARY REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATHI, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATHI DISTRICT. 4.THE TAHASILDAR, TIRUPATI URBAN MANDAL, TIRUPATHI DISTRICT ...RESPONDENT{S): Counsel for the Petitioner{S): 2 1.G V VS VARA PRASAD Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. P. Prashamsha, learned Counsel appearing on behalf of Sri G.VV.S. Varaprasad, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Mee-seva Application submitted by the Writ Petitioners on 26.05.2022 (Ex.P.2). Learned Counsel would submit that based on the said Application, the District Collector, Tirupati (Respondent No.2) has addressed a Letter to the Tahsildar (Respondent No.4) to submit a Report. In pursuance of the said Letter, the Tahsildar, vide Proceedings dated 26.06.2023, has submitted a Report (Ex.P.8). 2. 3. It is the grievance of the Writ Petitioners that the District Collector (Respondent No.2) has not acted on the said Report of the Tahsildar dated 26.06.2023 and therefore, has not passed the final order in the Mee-seva Application dated 26.05.2022 (Ex.P.2). 4. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the District Collector, Tirupati District (Respondent No.2) to consider the Me-seva Application of the Writ Petitioners dated 26.05.2022 (Ex.P.2) by taking into account the Report submitted by the Tahsildar dated 26.06.2023 (Ex.P.8) by passing a Speaking Order in accordance with law within a period of 14 weeks from today and convey a copy of such Order to the Writ Petitioners forthwith. 3 5. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice Writ Petitioners, consider their submissions/objections and documents, before issuing the final order. Writ Petitioners are directed to submit a copy of this Order to Respondent No.2 within one week from today, for effective compliance. 7. With these observations and directions, this Writ Petition disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. to the if any. 6. stands 8. SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary Revenue, State Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Tirupati District, TirupathI, Andhra Pradesh. The Revenue Divisional Officer^Jifupati, Tirupathi District. The Tahasildar, Tirupati Urban ^^ndal, Tirupathi District. One CC to Sri G. V. V. S. Vara Prasad, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 1. 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:09/01/2025 ORDER WP.No.800 of 2025 i 2 1 JAN 2C?5 I . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS