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2025 DAILYLAW 44118 (AP)

DEVARAPALLI SREENIVASULA REDDY v. THE STATE OF ANDHRA PRADESH

WP/9398/2025 · 2025-04-20

Venkateswarlu Nimmagadda

body2025

Judgment text

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[ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9398 OF 2025 Between; 1. Devarapalli Sreenivasula Reddy, S/o Ramana Reddy Age 59 years, R/o Utukuru,Ramalayam StreetVidavaluru, SPSR Nellore District. 2. K.Pushpa Siri, W/o Sriniva^ula Reddy Age 58 years, R/o Utukuru Vidavaluru, SPSR Nellore District 3. BandiPrasadarao, S/o B. Venkata Subbiah Age 71 yrs, 27-1-1657, R/o CPM Office, Balaji Nagar, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, SPSR Nellore District. 3. The Joint Collector, SPSR Nellore District. 4. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 5. The Tahsildar, Vidavaluru Mandal, SPSR Nellore District. 6. The Deputy Executive Engineer Buchireddypalem. SPSR Nellore District. Irrigation Department '/ 7. Thd Sub-Registrar, Alluru Mandal, SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India that in the circumstances stated is filed praying in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction particularly one in the nature of writ of mandamus declaring the respondents in not changing the lands of the more action of the petitioners from the classification of dotted lands antf. tank poramboke despite the clarification given by 6th respondent in letter No. 82 M dt. 13.06.2022 by considering their online applications as iltegaf.and arbitrary and to consequently direct the respondent to delete the lands of the petitioners from the classification of dotted lands and tank poramboke. iA_NOMOF2^ Petition under Section 15i CPC is filed praying that in the in support of the petition, the High petitioners applications No’sAPDLOl DTL241104016473 dt; circumstances stated in the affidayit filed i Court may be pleased to consider the 2400225315 dt; 29.06.2024, DTL241104020354 dt; 04.11.2024 04.11.2024, in the light of the report of the 6*^ respondent in letter No. 82 M dt. 13-06.2022. Counsel for the Petitioner(s):Sfe GRANDHI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR IRRI PRIYANKA AND CAD Counsel for the Respondents: GP FOR REGISTRATION The Court made the following: AND STAMPS APHC010173972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) ■ ■ [3329] 0?: MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 9398/2025 NIMMAGADDA Between; Devarapalli Sreenivasula Reddy and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.GRANDHI PRIYANKA Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GP FOR IRRI ANDCAD 3.GP FOR REGISTRATION AND STAMPS The Court made the following: ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9398/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not changing the lands of the petitioners from the classification of dotted lands and tank poramboke despite the respondent in letter No. 82 M th clarification given by 6 dt.13.06.2022 by considering their online applications as illegal and arbitrary and to conseguently direct the respondent to delete the lands of the petitioners from the classification of dotted lands and tank poramboke and to pass such other order or orders....’’ Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representations dated 29.06.2024, 04.11.2024 submitted by the petitioners in the light of the letter addressed by respondent No.6 dated 13.06.2022. 3. Learned Government Pleader for Revenue furnished the written instructions dated 05.04.2025 issued by respondent No.4, wherein, it is stated 4. ^ that since many applications/ petitions are filed in the same matter, a detailed report has been submitted to the District Collector, SPSR Nellore/ respondent No.2 herein explaining the status of the record and requesting for issuance of necessary instructions whether to treat the said land as Government Land or Patta Land vide letter Rc.No.(B).265/2024, dated 24,10.2024 and instructions are awaited from the respondent No.2. He further submits that the respondent authorities are ready to consider and dispose of the representations dated 29.06.2024 and 04.11.2024 submitted by the petitioners pending with them within a reasonable time. 5. In view of the submission of the learned Government Pleader for 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, in view of the judgment of the Apex Court in “The Government of India v 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 petitioners himself requested to issue a direction to dispose of the representations 29.06.2024 and 04.11.2024, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of. directing the respondents. more particularly, respondent No.2 to consider and dispose of the representations dated 29.06.2024 and 04.11.2024 submitted by the 2004 (I) see 769 ^4) petitioners, after providing opportunity of hearing within a period of four (04) months from order. There shall be no order as to costs to all the parties concerned, the date of receipt of a copy of this Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary,PhRevenue Pradesh, Velagapudi, Amaravathi, Messenger] Department, State of Andhra Andhra Pradesh.[By Special 2. The District Collector, SPSR Nellore District. 3. The Joint Collector, SPSR Nellore District. 4. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 5. The Tahsildar, Vidavaluru Mandal, SPSR 6. The Nellore District. Irrigation Deputy Executive Engineer Buchireddypalem, SPSR Nellore District. Department 7. The Sub-Registrar, Alluru Mandal RPAD] SPSR Nellore District.[2 to 7 by 8. One CC to SRI. GRANDHI PRIYANKA Advocate [OPUC] 9. ^cs to GP FOR l^yEr®: , High Court OfAndhra Pradesh. 10. CAD Htah CnC nff irrigation AND CAD AND CAD ,High Court Of Andhra Pradesh. [OUT] r^ ^ If"? for'Registration and Court Of Andhra Pradesh. [OUT] Three CD Copies . 11. STAMPS ,High 12. HIGH COURT DATED:21/04/2025 ORDER ? 5 SEP 2025 ? ^ Currant Saciion ^ WP.No.9398 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS