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2025 DAILYLAW 36841 (AP)

NANDAM SIVA KOTESWARA RAO v. THE STATE OF AP

WP/973/2025 · 2025-01-10

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 973 OF 2025 Between: Nandam Siva Koteswara Rao, S/o Sambasiva Rao, aged about 51 years, R/o 9-65, Library Centre, Mangalagiri, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Guntur, Guntur District. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Thahsildar, Mangalagiri Mandal, Mangalagiri, Guntur 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 on the part of the respondents in not considering and passing appropriate Orders on the representations dated 21-12-2018 and 28-5-2023 for refund of an amount of Rs. 35,93,700/- paid towards Nala Tax towards land conversion charges as illegal, arbitrary, against to the principles of natural justice and for a consequential direction directing the Respondents to consider the representations dated 21-12-2018 and 28-5-2023 for refund of Nala Tax towards land conversion charges paid by the Petitioner on 26-10-2016 forthwith along with interest @ 24% per annum. 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 Respondents to consider the representation s dated 21-12-2018 and 28-5-2023 for refund of Nala Tax towards land conversion charges paid by the Petitioner on 26-10-2016 forthwith along with interest @ 24% per annum pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A. SREEDHAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE The Court made the following; ORDER [3328] APHC010604202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 973/2025 Between; 1.NANDAM SIVA KOTESWARA RAO, S/0 SAMBASIVA RAO, AGED ABOUT 51 YEARS, R/0 9-65, LIBRARY CENTRE, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND SECRETARY, 1.THE STATE OF AP, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, GUNTUR DISTRICT. GUNTUR MANGALAGIRI, 4.THE THAHSILDAR, MANGALAGIRI MANDAL GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.ASREEDHAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER; Heard Sri A. Sreedhar, learned Counsel ‘ K. Arjun Chowdary, learned Assistant Government Acquisition, Stamps & Registration. for the Writ Petitioner and Sri - Pleader for Revenue, Land 2. Sri K. Arjun Chowdary, learned Assistant Revenue, Land Acquisition, Stamps & Registration Instruction furnished by the Revenue Divisional ‘ dated 09.01.2025. Copy of the Written Instruction learned Counsel for the Writ Petitioner. Government Pleader for has submitted the Written Officer/Sub-Collector, Tenali, i is also supplied to the The same is taken on record. 3. Relevant portion of the Written Instructions is usefully extracted hereunder; “In the reference 2"'' cited, the Tahsildar, Mangalagiri has already submitted the instructions stating that the petitioner has paid an excess Lount Rs.35 93,700/- through a challan at SBI, Mangalagiri Branch and the petitioner submitted representation^to the 3 respondent i.e., RDO, Guntur on 21.12.2018 requesting ConvI'rsion fie" '-and 'hat, during the year the Mangalagiri Mandal was under the jurisdiction of Guntur Revenue Division, however after the formation Mandal was reassigned to Tenali Revenue Division which is under the jurisdiction of Sub Collector, Tenali. And a letter was Revenue Divisional Officer, Guntur vide RC.No.70/2025-G, Dated. 07.01.2024 for submission of the connected file regarding the representation filed by the petitioner and the correspondence happened in the msttsr. of of new 4. The above extract would indicate that the only on 07.01.2024 perhaps after filing of this Writ process has been initiated Petition. In any event, deems it appropriate to since the process has been initiated, this Court dispose of this Writ Petition, at the admission stage, without going into merits. 3 with a direction to the Revenue Divisional Officer (Respondent No.3) consider the Representations dated 21.12.2018 & 28.05.2023 within a period of 12 weeks by passing a Speaking Order in accordance with law and communicate such Order to the Writ Petitioner forthwith. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Representations (mentioned supra) to the Revenue Divisional Officer (Respondent No.3) within a period of one week from today for effective compliance to S.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Guntur, Guntur District. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Thahsildar, Mangalagiri Mandal, Mangalagiri, Guntur District. 5. One CC to Sri A. Sreedhar, Advocate [OPUC; 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:10/01/2025 2 0 JAN 2025 ml ORDER *>/ . Current beciion . ^ WP.No.973 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS