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2025 DAILYLAW 40171 (AP)

R HARI PRASAD v. THE STATE OF AP

WP/29218/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010555332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29218/2025 Between: 1. R HARI PRASAD, S/O LATE MUNUSWAMY NAIDU AGED ABOUT 74 YEARS, OCC AGRICULTURIST, R/O DOOR.NO. 2- 1, KEELAMBAKKAM, CHAVARAMBAKKAM, CHITTOOR DISTRICT 2. R.SUJITHA, , D/O R.HARI PRASAD, AGED ABOUT 45 YEARS, OCC PRIVATE SERVICE, R/O FLAT NO. 601, BLOCK-H5, CHITRAPURI HILLS, MANIKONDA, HYDERABAD ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE COMMISSIONER, , APPEALS, O/O COLA, AP, APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT 3. THE DIRECTOR OF SETTLEMENTS/COMMISSIONER, ANDHRA PRADESH, CURRENCY NAGAR, VIJAYAWADA 4. THE JOINT COLLECTOR/SETTLEMENT OFFICER, TIRUPATI DISTRICT (FORMERLY CHITTOOR DISTRICT), TIRUPATI 2 5. THE TAHSILDAR, (FORMERLY MRO), TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT 6. THE JOINT COLLECTOR/SETTLEMENT OFFICER, CHITTOOR DISTRICT, CHITTOOR ...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 Mandamus declaring the inaction of the 3RD Respondent in taking up and disposing of the revision petition filed by the Petitioners u/s 5(2) of AP Estates (Abolition AND Conversion into Ryotwari) Act, 1948, which is pending vide RP No. 07/2006- El (Old RP.No.D.Dis No. HI/915/99), pursuant to the remand order of the 3rd Respondent vide Commr-Appeals Proc.No. Pl/528/2004, dt. 16.03.2006, as illegal, arbitrary, contrary to the provisions of the AP Estates (Abolition AND Conversion into Ryotwari) Act, 1948 and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the 3RD Respondent to hear the said revision petition and dispose of the same on merits 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 direct the 3RD Respondent to forthwith conduct hearing, for the purpose of disposing of, the pending revision petition in RP No. 07/2006-E1 (Old RP No. D.Dis No. H1/915/99), pending disposal of the Writ Petition. Counsel for the Petitioner(S): 1. P ROY REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29218 OF 2025 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the inaction of the 3RD Respondent in taking up and disposing of the revision petition filed by the Petitioners u/s 5(2) of AP Estates (Abolition and Conversion into Ryotwari) Act, 1948, which is pending vide R.P.No. 07/2006- El (Old RP.No.D.Dis No. HI/915/99), pursuant to the remand order of the 3rd Respondent vide Commr-Appeals Proc. No.Pl/528/2004, dt. 16.03.2006, as illegal, arbitrary, contrary to the provisions of the AP Estates (Abolition and Conversion into Ryotwari) Act, 1948 and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the 3RD Respondent to hear the said revision petition and dispose of the same on merits and pass such other order or orders….” 2. Heard M/s. P.Roy Reddy, learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioners submitted that though time has been granted, the respondents have not placed any record or instructions with regard to the status of the proceedings and he has also placed reliance on the notice issued by the respondents on 13.3.2023. Despite repeated requests, the respondents have not considered and disposed of the Revision Petition. 4 4. Learned Assistant Government Pleader appearing on behalf of the respondents sought some more time to locate the file and to submit the instructions. 5. As the subject matter is pertaining to the year 2002 and the remand was also made in the year 2006, no purpose will be served in keeping the Writ Petition pending, as the prayer was only to consider and dispose of the Revision Petition on merits, within a stipulated period. 6. In view of the same, respondent no.3 is directed to consider and dispose of the R.P.No.07/2006-E1 within a period of six (06) months from the date of receipt of a copy of the order and the petitioners are also directed to co-operate for disposal of the said Revision Petition. 7. With the above observation, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 04.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.29218 OF 2025 04.11.2025 RD