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2025 DAILYLAW 40236 (AP)

Meka Madhusudhana Rao, v. State of Andhra Pradesh,

WP/33842/2025 · 2025-12-07

D Ramesh

body2025

Judgment text

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APHC010650812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33842/2025 Between: 1. MEKA MADHUSUDHANA RAO,, S/O.LATE VIJAYA BHASKARA RAO, AGED ABOUT 44 YEARS, OCC- CULTIVATION, R/O.KOSURU VILLAGE, MOWA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE DISTRICT REVENUE OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE REVENUE DIVISIONAL OFFICER, VUYYURU REVENUE DIVISION, VUYYURU TOWN AND MANDAL, KRISHNA DISTRICT. 5. THE TAHSILDAR, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT. 6. TATINENI VENKATA SUBBA RAO, , S/O. TATA RAO, AGED ABOUT 69 YEARS, OCC- PRIVATE EMPLOYEE, R/O.D.NO.2-10, SRINAGAR COLONY, GANNAVARAM, KRISHNA DISTRICT. 7. TATINENI YOGANAMD, S/O.TATA RAO, AGED ABOUT 67 YEARS, OCC- RETIRED EMPLOYEE, R/O.PLOT NOS.40 AND 41, JYOTHI LOTUS APARTMENT, HUDA HEIGHTS, NEAR LOTUS POND, ROAD NO. 12, BANJARA HILLS, HYDERABAD. ...RESPONDENT(S): -2- W.P. No.33842 OF 2025 Date of order:08.12.2025 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 respondents 3 and 4 in not disposing my appeal filed under section 5(4) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 dated 22.07.2024 against the revenue entries made on the name of respondents 6 and 7 in respect of land for an extent of Ac. 1.05 cents, Ac.0.35 cents, Ac.0.16 cents, Ac. 1.05 cents, Ac.0.35 cents, Ac.0.16 cents, Ac. 1.05 cents and Ac.0.16 cents in respectively covered by Survey Numbers 370/3, 1008- 4B of Kapileswarapuram Revenue Village in Pamidimukkala Mandal of Krishna District by the 5th respondent, as illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th respondent to dispose of my appeal filed on 22.07.2024 to conduct an enquiry by issuing notices and pass appropriate orders In accordance with Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 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 pleased to direct the 4th respondent to decide and dispose of my appeal filed on 22.07.2024 to conduct an enquiry by issuing notices and pass appropriate orders in accordance with Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, pending disposal of the main Writ Petition Emd pass Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.33842 OF 2025 Date of order:08.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.33842 OF 2025 ORDER: 1. The present writ petition is filed for the following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3 and 4 in not disposing my appeal filed under section 5(4) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 dated 22.07.2024 against the revenue entries made on the name of respondents 6 and 7 in respect of land for an extent of Ac. 1.05 cents, Ac.0.35 cents, Ac.0.16 cents, Ac. 1.05 cents, Ac.0.35 cents, Ac.0.16 cents, Ac. 1.05 cents and Ac.0.16 cents in respectively covered by Survey Numbers 370/3, 1008-4B of Kapileswarapuram Revenue Village in Pamidimukkala Mandal of Krishna District by the 5th respondent, as illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th respondent to dispose of my appeal filed on 22.07.2024 to conduct an enquiry by issuing notices and pass appropriate orders In accordance with Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and pass such other order or orders....” 2. The contention of the petitioner is that, aggrieved by the entries made in favour of the unofficial respondents in the revenue records on 22.06.2024 and the issuance of Form-1(b), he filed an appeal under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 on 22.07.2024. It is further submitted that though the appeal was filed in the year 2024, it could not be taken up. -4- W.P. No.33842 OF 2025 Date of order:08.12.2025 3. In fact, on a perusal of the material filed along with the writ petition, it is evident that there is an acknowledgment from the office of respondents 2 and 3. In view of the said endorsement, this Court is not inclined to go into the merits of the case and hence, the notices to respondents 6 and 7 are dispensed with. 4. Considering the submissions, the writ petition is disposed of with a direction to the 3rd respondent to consider the appeal filed by the petitioner and pass appropriate orders in accordance with the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The said exercise shall be completed within a period of four months from the date of receipt of this order. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV