Vankireddy Reddy Monish Kumar, v. The State of Andhra Pradesh,
WP/24817/2025 · 2025-09-14
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32837 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32837 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010487312025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 24817/2025 Between:
1. VANKIREDDY REDDY MONISH KUMAR, S/O. MADHAVA REDDY, AGED 32 YEARS, OCC- BUSINESS, R/O. DOOR NO.2-250-F-15, REDDYS COLONY, MADANAPALLI TOWN, ANNAMAYYA 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 CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 4. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE REVENUE DIVISION, MADANAPALLE, ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA 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 declare the Show Cause Notice in Form-ll vide Roc.No.119/2025 dated 30.08.2025 issued by the 5th respondent as illegal, arbitrary, without jurisdiction, and violative of principles of natural justice, provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with my peaceful possession and enjoyment over the land
2 admeasuring Ac.3.34 cents in Sy.No.546/1, Madanapalle Revenue Village and Mandal, Annamayya District and pass
IA 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 suspend the operation of Show Cause Notice in Form-11 vide Roc No: 119/2025 dated 30.08.2025 issued by the 5th respondent and consequently direct the respondents not to interfere with my peaceful possession and enjoyment over my landed property admeasuring Ac.3.34 cents in Sy.No.546/1, Madanapalle Revenue Village and Mandal, Annamayya District, pending disposal of the main writ petition and pass
Counsel for the Petitioner:
1. RAJENDRA C
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.
24817 of 2025 ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the Show Cause Notice in Form-ll vide Roc.No.119/2025 dated 30.08.2025 issued by the 5th respondent as illegal, arbitrary, without jurisdiction, and violative of principles of natural justice, provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with my peaceful possession and enjoyment over the land admeasuring Ac.3.34 cents in Sy.No.546/1, Madanapalle Revenue Village and Mandal, Annamayya District and pass such other order or orders as deemed fit and proper in the circumstances of the case.”
2. Succinctly, the writ petition is filed to declare the show cause notice issued in Form-II vide Roc.No.119/2025 dated 30.08.2025, issued by the 5th respondent, as illegal, arbitrary and without jurisdiction on the grounds that the said land is not an assigned land and the impugned notice is vague, lack of specific allegations or evidence and fails to address the objections, dated 04.09.2025 violating the Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act and Rules 2007 and the eviction for alleged public purposes without written proceedings, public
4 notification, compensation or adherence to the Land Acquisition Act,
2013. 3. The learned counsel for the petitioner, after arguing the matter for some time, it is urged that the respondents be directed to address the representation dated 12.09.2023, as such direction would suffice in the circumstances of the case. 4. The learned Advocate General has not significantly opposed the relief requested by the petitioner’s counsel but it is requested that any direction be limited till the disposal of the representation. 5. In the judgment of Hon’ble Apex Court in The Government of India vs P. Venkatesh reported in (2019) 15 SCC 613 held that: 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. 6. Disposal of proceedings by seemingly innocuous orders 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
7. However the respondents are directed that the petitioner's representation dated 12.09.2025 must be considered by the respondents, examined thoroughly, issue orders accordingly, and communicate the decision given to the petitioner. It goes without saying that the entire process will be completed within four weeks from the date of the order is received. Till disposal of the representation, the respondents are directed not to take any coercive steps against the petitioner. 8. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 15.09.2025 SPP
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No:24817 of 2025
Date : 15.09.2025
SPP