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2025 DAILYLAW 42969 (AP)

SHAIK SHAIKSHAVALI v. THE STATE OF AP

WP/26177/2023 · 2025-11-02

Tarlada Rajasekhar Rao

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Judgment text

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APHC010504672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 26177/2023 BETWEEN: 1. SHAIK SHAIKSHAVALI, S/o. LATE MASJEED MIAH, AGED ABOUT 50 YEARS, OCC. CULTIVATION, R/o. D.NO. 43153113118, NARSINGARAO PETA, KURNOOL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 3. THE REVENUE DIVISIONAL OFFICER, PATTIKONDA REVENUE DIVISION, KURNOOL DISTRICT. 4. THE TAHSILDAR, DEVANAKONDA MANDAL, KURNOOL 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the in action of the 3rd respondent in not deciding my Appeal filed Under section 5 (5) of A.P. Rights in land and Pattadar Pass Book Act, 1971 on dated 29.05.2023 without deciding the same as being illegal, irregular, irrational amounts to non-discharge of legal obligation and offends Article 14, 21 and 300-A of Constitution of India and 2 consequently direct the 3rd respondent to decide my pending appeal dt.29.05.2023 in accordance with law and pass such other order or orders. Counsel for the Petitioner: 1. ALA CHANDRASEKHAR YADAV 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction o the 3rd respondent in not deciding my Appeal filed Under Section 5(5) of A.P. Rights in land and Pattadar Pass Book Act, 1971 on dated 29.05.2023 without deciding the same as being illegal, irregular, irrational amounts to non-discharge of legal obligation and offends Article 14, 21 and 300-A of Constitution of India and consequently direct the 3rd respondent to decide my pending appeal dt.29.05.2023 in accordance with law and pass such other order or orders …” 2. Heard Sri Ala Chandrasekhar Yadav, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4. 3. The petitioner has approached this Court with a prayer to direct the 3rd respondent to decide the appeal pending before the 3rd respondent-Revenue Divisional Officer, Pattikonda Revenue Division, under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. 4. Learned counsel for petitioner submits that the appellate authority is bound to decide the case in accordance with the law expeditiously. 4 5. Ergo, this Court directs the 3rd respondent-appellate authority to make an endeavor, or to put to an end, by making all the efforts, in deciding the appeal with due diligence within a reasonable time, on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond three (03) months from date of receipt of a copy this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.11.2025 HARIN 5 106 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 26177 OF 2023 Date: 03.11.2025 Harin