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2025 DAILYLAW 42047 (AP)

BANDI KONDAIAH v. THE STATE OF ANDHRA PRADESH

WP/31640/2025 · 2025-11-16

D Ramesh

body2025

Judgment text

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APHC010610142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31640/2025 Between: 1. BANDI KONDAIAH, S/O PEDDA KONDAPPA @ KONDAPPA, AGED ABOUT 62 YEARS, R/O CHEDULLA VILLAGE, BK SAMUDRAM MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, ANANTAPUR DISTRICT, ANANTAPUR. 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR, 4. THE TAHSILDAR, BK SAMUDRAM MANDAL ANANTHAPUR DISTRICT ...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 toPleased to issue a writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction the respondents in particularly Respondents No.2 and 4 in considering the representations,dated 14-07-2025 and 28-07-2025 made by the petitioner as illegal, arbitrary, unconstitutional and violation of principles of natural justice, Article 300-A of Constitution of India and consequently direct the Respondent No.2 and 4 to 2 consider the representations, dated 14-07-2025 and 28-07-2025 made by the petitioner and pass appropriate orders by communicating the same to the petitioner 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 Respondents No.2 and 4 to consider the representations, dated 14-07-2025 and 28-07-2025 made by the petitioner and pass appropriate orders and communicate the same to the petitioner and pass Counsel for the Petitioner: 1. P V K Y CHANDRIKA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the inaction of the respondents, particularly Respondent Nos. 2 and 4, in considering the representations dated 14.07.2025 and 28.07.2025 made by the petitioner, as illegal, arbitrary, unconstitutional, and in violation of the principles of natural justice and Article 300-A of the Constitution of India; and consequently direct Respondent Nos. 2 and 4 to consider the representations dated 14.07.2025 and 28.07.2025 made by the petitioner and pass appropriate orders by communicating the same to the petitioner; and pass such other…” 2. On perusal of the representations filed by the petitioner, it is evident that there exists a dispute between the family members with regard to ancestral property. On verification of the cause title, it is also noted that the petitioner has not impleaded any of the family members as parties to the present writ petition. Apart from this, on perusal of the averments in the writ petition, it is clear that the 2nd respondent has no jurisdiction to entertain the representations in question. 3. In view of the above circumstances, the Writ Petition is dismissed, granting liberty to the petitioner to approach the competent civil court to redress his grievance. There shall be no order as to costs. 4 Consequently, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE D. RAMESH 17th November, 2025 cbn 5 296 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.31640 of 2025 17th November, 2025 cbn