PETHAKAMSETTY MOURYA SIMHA v. THE STATE OF ANDHRA PRADESH
WP/1029/2025 · 2025-01-21
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3577 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3577 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
'\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1029 OF 2025 Between: Pethakamsetty Mourya Simha, S/o.P.G.V.R. Naidu, age 32 years. Residing at D.No.7-57, Main Road. Behind Only Vimal, Gopalapatnam, Visakhapatnam - 530027 ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi. Amaravati Andhra Pradesh - 522 238
2. The District Collector, Anakapalli District, Collectorate Complex, Anakapalli- 531 001
3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli - 531 001
4. The Tahsildar., Sabbavaram Mandal, Sabbavaram, Anakapallli District 531 035
5. The Joint Sub-Registrar, Office of the Sub-Regisrar, Sabbavaram, Visakhapatnam - 631035 ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not taking steps for issuing orders in Mee-seva
Application No.TTA012000047444 dated 29.01.2020 as being illegal, arbitrary and unconstitutional and consequently direct the 2ndrespondentto issue orders on the mee-seva application no.TTA012000047444 dated 29.01.2020, made for deletion and de-notifying the land to extent of Ac 3.00 cents in Sy.No.21/2 and 21/3 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District from the list of prohibited properties published under Section 22-A(1)(a) of the Registration Act, 1908, duly considering the recommendations of the 3rd respondent vide RC.No.2233/2022/B/ dated 23.11.2022 as well as the recommendations of the 4th respondent vide Rc.No.420/2022/SA dated 07.11.2022, in a time bound manner. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct 2nd respondent to take action on the mee- seva application No.TTA012000047444 dated 29.01.2020 pending disposal of the above writ petition.
Counsel for the Petitioner: M/S. B ALEKHYA REPRESENTING SRI MEKA RAHUL CHOWDARY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
1 APHC010019172025 [3328] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1029 OF 2025 Between:
1.PETHAKAMSETTY MOURYA SIMHA, S/O.P.G.V.R. NAIDU, AGE 32 YEARS, RESIDING AT D.NO.7-57, MAIN ROAD. BEHIND ONLY VIMAL, GOPALAPATNAM, VISAKHAPATNAM - 530027 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP*. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI. AMARAVATI ANDHRA PRADESH - 522 238 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, COLLECTORATE COMPLEX, ANAKAPALLI - 531 001 3.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE DIVISION, ANAKAPALLI - 531 001
4. THE TAHSILDAR, SABBAVARAM MANDAL, ANAKAPALLLI DISTRICT 531 035 SABBAVARAM, 5.THE JOINT SUBREGISTRAR, OFFICE OF THE SUB-REGLSRAR, SABBAVARAM, VISAKHAPATNAM - 631035 ...RESPONDENT(S): Counsel for the Petitioner:
1.MEKA RAHUL CHOWDARY * ^ r-
2 Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri B. Alekhya, learned Counsel appearing on behalf of Sri Meka Rahul Chowdary,
learned Counsel for the Writ Petitioner and Sri Arjun Chowdary, learned Asst. Government Pleader for Revenue.
2. In response to the Order of this Court dated: 10.01.2025, learned Asst. Government Pleader has furnished the list of Collectors from 2020 up to till date. He would submit on instructions that, the reason for not being able to consider the Application of the Writ Petitioner dated: 29.01.2020 is on account of Covid Pandamic and thereafter, due to the bifurcation of the erstwhile Visakhapatnam District into Visakhapatnam and Anakapalli Districts.
3. Learned Asst. Government Pleader has also submitted the Written Instructions furnished by the District Collector, Anakapalli, dated:
20.01.2025. Copy of it has been served on the learned Counsel for the Writ Petitioner and the same is taken on record. The relevant portion is usefully extracted hereunder:
“It is further submitted that the Anakapalli District was newly formed on 04.04.2022 duly bifurcated from erstwhile Visakhapatnam District under State re organization policy. Accordingly, the files and the records related to Anakapalli district were transferred from erstwhile Visakhapatnam District to newly formed Anakapalli district, and this process ivas time consuming due to lack of sufficient infrastructure in new District. As there is a discrepancy in the Settlement record to arrive at a conclusion regarding the classification and ownership of the land, the Tahsildar, Sabbavaram has been instructed to approach the Director, Survey Settlement & Land Records, Vijayawada, for ascertaining the settlement record pertaining to subject land for disposing of the petitioner’s application. ” The above extract would indicate that the District Collector has
directed the Tahsildar to approach the Director, Survey Settlement and Land
4.
% 3 Records, Vijayawada for ascertaining the Settlement Record pertaining to the subject land for the reason that, there is discrepancy in the Settlement Record, which has made it difficult to arrive at a conclusion regarding the classification and ownership of the land. Having regard to these facts, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit directing the Official Respondents, particularly, the District Collector, Anakapalli District (Respondent No.2) to complete the entire process by passing a final Speaking Order in accordance with law within a period of sixteen (16) weeks and communicate the same to the Writ Petitioner forthwith.
5. Needless to state that the recommendations made by the Tahsildar dated; 7.11.2022 and the Revenue Divisional Officer, dated; 23.11.2022 respectively shall also be considered in accordance with law.
6. With these observations and directions, this Writ Petition stands
7.
disposed of.
8. Interlocutory Applications, if any, stand closed in t^rms of this order.
Sd/- K. TATA RAO DEPUTY REGISTRAR SEbTlON OFFICER //TRUE COPY// To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi. Amaravati Andhra Pradesh - 522 238
2. The District Collector, Anakapalli District, Collectorate Complex, Anakapalli - 531 001
3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli - 531 001
4. The Tahsildar, Sabbavaram Mandal, Sabbavaram, Anakapallli District 531 035
5. The Joint Sub-Registrar, Office of the Sub-Regisrar, Sabbavaram, Visakhapatnam - 631035
6. One CC to Sri Meka Rahul Chowdary Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies
HIGH COURT DATED:21/01/2025
ORDER WP.No.1029 of 2025 * 3 1 JAN 2025 . Current lieciion ^' Co, DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS