MEKA BHOGESWARA RAO v. THE STATE OF ANDHRA PRADESH
WP/27825/2024 · 2025-01-28
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33789 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33789 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A A ‘ A A A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27825 OF 2024 Between: Meka Bhogeswara Rao, S/o. M. Krishna Murthy Aged 53 years, R/o. 6- 67, WN School Road Government Hospital, Kalidindi Village and Mandal Eluru District-521344. ...Petitioner AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District
2. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, APIIC Towers Mangalagiri Guntur District Andhra Pradesh
3. The District Collector, Eluru, Eluru District.
4. The Revenue Divisional Officer, Eluru, Eluru District.
5. The Tahsildhar, Kalidindi Mandal, Eluru 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 WRIT OF MANDAMUS declaring the action of the 2'^'^ Respondent in not numbering and Adjudicating Appeal filed against the
order Proceedings Roc. No. 54728/2023/E2(LMS), dated 06.03.2024 passed by the 3^^ Respondent is illegal, arbitrary and violative of Principles of Natural Justice and consequently direct the 3'^'^ Respondent to consider the petitioner Appeal, to number and to adjudicate case by following due process of law. Counsel for the Petitioner: SRI K V ADITYA CHOWDARY Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
1 APHC010510442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27825/2024 Between:
1.MEKA BHOGESWARA RAO, S/0.
M. KRISHNA MURTHY AGED 53 YEARS, R/0. 6-67, WN SCHOOL ROAD GOVERNMENT HOSPITAL, KALIDINDI VILLAGE AND MANDAL ELURU DISTRICT-521344. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPBY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, APIIC TOWERS MANGALAGIRI GUNTUR DISTRICT ANDHRA PRADESH 3.THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT.
4.THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT.
5.THETAHSILDHAR, KALIDINDI MANDAL, ELURU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. K V ADITYA CHOWDARY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
ORAL ORDER: Heard Sri Ch. Madhava Raman, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents.
Learned Counsel for the Writ Petitioner submits that the Endorsement issued by the Chief Commissioner of Land Administration dated 06.12.2024 is factually incorrect because the Writ Petitioner has filed an Appeal in a proper format on 06.05.2024 (Ex.P.1).
2.
3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for on instruction, submits that due to oversight, the Chief of Land Administration has issued the Endorsement on Revenue, Commissioner 06.12.2024 and that the present Appeal filed by the Writ Petitioner on 06.05.2024 is in a proper format and that the said Appeal would be disposed of in due course of time.
4. Having regard to the facts and circumstances of this case and also the fact that the Appeal is filed by the Writ Petitioner way back on 06.05.2024 (Ex.P.1), this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, with a direction to the Chief of Land Administration (Respondent No.2) to consider the Commissioner Appeal dated 06.05.2024 and pass a Speaking Order in accordance with law period of 10 weeks from today and communicate a copy of such within a
Order to all the interested parties including the Writ Petitioner forthwith
5. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the parties including the Writ Petitioner herein, consider their interested
submissions/objections and documents, if any, before issuing the final order. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
6.
3 ^
7. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Chief ComiTiissioner of Land Administration, Government of Andhra Pradesh, APIIC Towers Mangalagiri, Guntur District, Andhra Pradesh.
3. The District Collector, Eluru, Eluru District.
4. The Revenue Divisional Officer, Eluru, Eluru District.
5. The Tahsildhar, Kalidindi Mandal, Eluru District.
6. One CC to Sri K V Aditya Chowdary, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Two CD Copies RAM
HIGH COURT DATED:28/01/2025 I 05 FEB 2025 g Current Section ^g»PATCW^S<^
ORDER WP.No.27825 of 2024 DISPOSING OF THE WP WITHOUT COSTS