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2025 DAILYLAW 43976 (AP)

B S RAFEEQ v. THE STATE OF ANDHRA PRADESH

WP/11285/2025 · 2025-04-29

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11285 OF 2025 Between: B S Rafeeq, S/o. B.S. Janu Sab, Aged about 62 years, Occ Agriculture. R/o. D.No. 1-92, N.S.Pet, PunganurMandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, PunganurMandal, Chittoor District. 5. M.V.Chalapathi, S/o.M.VenkatramaRao Aged about 75 years, Occ Cultivationand Retired VRO. R/o.Melumdoddi Village, PunganurMandal Chittoor 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 an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 4 in conducting enquiry and cancelling the fake DKT one patta got created by the respondent No.5 while working as Village Revenue Officer for the land in extent of Ac.0.66 Cents in Survey No.44/3 (Paimashi No.74) and Ac.0.28 Cents in Survey No.44/4 of Melumdoddi Village fields Punganur Mandal, Chittoor District, belong to the petitioner, as arbitrary, illegal, abdication of the statutory duty cast upon them, apart from being voilative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300- A of the Constitution of India and consequently direct the respondents No.2 to 4 to conduct enquiry and cancel the fake DKT patta for the land in extent of Ac.0.66 Cents in Survey No.44/3 (Paimashi No.74) and Ac.0.28 Cents in Survey No.44/4 of Melumdoddi Village fields Punganur Mandal, Chittoor District,beiong to the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No.2 to 4 to consider the representation, dated 14.^2^024 and take appropriate action to cancel the illegal patta created by the respondent No.5,^r the land belong to the petitioner in extent of Ac.O.s'^Cetns in Survey No.44/3 (Paimashi No.74) and Ac.0^8 Cents in Survey No.44/4 of Melumdoddi Village fields Punganur Mandal, Chittoor District, and pending disposal of the writ petition. Counsel for the Petitioner: M/s S PARINEETA Counsel for the Respondents no.1 to 4: GP FOR REVENUE Counsel for the Respondent no.5: — The Court made the following: ORDER APHC010212382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMIVIAGADDA WRIT PETITION NO: 11285/2025 Between; ...PETITIONER B S Rafeeq AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.S PARINEETA Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; 2 NV,J TUE- W.P.N0.11285 0F2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11285/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 4 in conducting enquiry and cancelling the fake DKT patta got created by the respondent No.5 while working as Village Revenue Officer for the land in extent of Ac.0-66 Cents in Survey No.44/3 (Paimashi No.74) and Ac.0-28 Cents in Survey No. 44/4 of Melumdoddi Village fields Punganur Mandal, Chittoor District, belong to the petitioner as arbitrary, illegal, abdication of the statutory duty cast upon them, apart from being voilative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.2 to 4 to conduct enquiry and cancel the fake DKT patta for the land in extent of Ac.0-66 Cents in Survey No.44/3 (Paimashi No.74) and Ac.0-28 Cents in Survey No.44/4 of Melumdoddi Village fields Punganur Mandal, Chittoor District belong to the petitioner and pass....” Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. one 2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the Respondents to consider and dispose of the representation dated 14.12.2024 submitted by the petitioner. 3. Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 14.12.2024 pending with the authorities, within a reasonable time. 4. 3 NV, W.P.N0.11285 OF 2025 In view of the submission of the learned Government Pleader for 5. Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, The Government of India v. in view of the judgment of the Apex Court in P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner herself requested to issue a direction to dispose of the representation dated 14.12.2024, this Court find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the respondent Nos.2 to 4 to consider and dispose of the representation dated 14.12.2024, by conducting a detailed enquiry after providing opportunity of hearing to all the parties concerned, within a period of six (06) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. T 2004 (1) see 769 Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR r //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, PunganurMandal, Chittoor District. 5. M.V.Chala'pJathi, S/o.M.VenkatramaRao Aged about Cultivationand Retired VRO. R/o.Melumdo^ Village, PunganurMandal Chittoor District. 6. One CC to M/s. S PARINEETA Advocate [OPUC] 7. Two CCS to GP FOR REv'eNUE, High Court of Andhra Pradesh. 8. Three C.D.Copies 75 years, Occ [OUT] nm HIGH COURT DATED;30/04/2025 ORDER WP.No.11285 of 2025 !'v DISPOSING OF THE WP WITHOUT COSTS \