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2025 DAILYLAW 44758 (AP)

KARAM VENKATAMMA v. THE STATE OF ANDHRA PRADESH

WP/10363/2025 · 2025-04-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3329 ] ) 'p- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF APRIL f&l TWO THOUSAND AND TWENTY FIVE / yc fin. & PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10363 OF 2025 Between: Karam Venkatamma, W/o Late. Venkateswara Rao, Aged 42 Resident of Door No. 1-27, Meduvai Village, Yatapaka Mandal Godavari District. years, , East ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur, District. 2. The District Collector, Alluri Seetha Raju District, Paderu. 3. . The Revenue Divisional Officer, Chinturu Village and Mandal Sitarama Raju District. 4. The Tahsildar, Yetapaka Mandal. Alluri Sitarama Raju District. 5. Sode Chakrapani, S/o Narayana, Aged 55 Resident of Palavancha Village and Mandal, Bhadradri District, Telangana. Alluri years, Occ Employee, Kothagudem ...RESPONDENTS ’1 / Petition under Article 226 of the Constitution of India is filed 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 one in the nature of Writ of Mandamus declaring the action of ts more particularly respondent No.3 in not deciding the ROR e#i vide Appeal No.5/2018 filed U/s 5(5) AP Records of Rights in Land and Pattadar Pass book act ,1971 for cancellation of re revenue records in the •’name of 5^'" respondent for the land admeasuring an extent of Ac. 1.70 cents in Sy.No. 90/6 of Lakshmidevipeta Village, Yetapaka Mandal, Alluri Sitha Ramaraju District which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct 3'’'' the respondents to decide the said appeal withoLrt any further delay. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'^^ respondent to dispose the ROR Appeal No. 5 of 2018 by fixing a time frame as expediciously as possible. Counsel for the Petitioner: SRI ELURU SESHA MAHESH BABU Counsel for the Respondents Np.1 to 4: GP FOR REVENUE The Court made the following: k. APHC010197762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10363/2025 Between: Karam Venkatamma ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1 ELURU sesha mahesh babu Counsel for the Respondent(S): 1 GP fOR REVENUE The Court made the following: ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10363/2025 ORDER: f 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 one In the nature of Writ of Mandamus declaring the action of respondents more particularly respondent No. 3 in not deciding the ROR appeal vide Appeal No. 5/2018 filed U/s 5(5) AP Records of Rights in Land and Pattadar Pass Book Act, 1971 for cancellation of revenue records In the name of 5‘^ respondent for the land admeasuring an extent of Ac.1.70 cents in Sy.No. 90/6 of Lakshmidevipeta Village, Yetapaka Mandal, Allurl Sitha Ramaraju District which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct 3''"' the respondents to decide the said Appeal without any further delay and pass such other order or orders...” Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 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, more particularly, respondent No. 3 herein to consider and dispose of the ROR appeal vide Appeal No.5/2018 preferred by the petitioner herein seeking fpr cancellation of revenue records stands in the name of 3. respondent No.5 in respect of the land admeasuring to an extent of Ac.1.70 cents in Sy.No.90/6 of Lakshmidevipeta Village, Yetapaka Mandal, Alluri Sitha Ramaraju District. 4. Learned Government Pleader appearing for the respondents would submit that the ROR Appeal vide Appeal No.5/2018 preferred by the petitioner would be considered by the respondent authorities, in accordance with law within a reasonable time. In view of the submission made by the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations 5. 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 petitioner himself requested to issue a direction to dispose of the ROR Appeal vide Appeal No.5/2018, this Court find no other alternative except to issue such direction. 6. Accordingly, the present Writ Petition is disposed of, with a direction to the respondent authorities, more particularly, the respondent No. 3 herein to consider and dispose of the ROR Appeal vide Appeal No.5/2018 preferred by the petitioner, in accordance with law, after providing opportunity of hearing to 2019 (8) SCALE 544 all the parties concerned, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Principle Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati Special Messenger] The District Collector, Alluri Seetha Raju District, Paderu. The Revenue Divisional Officer, Chinturu Village and Mandal, Alluri Sitarama Raju District. The Tahsildar, Yetapaka Mandal. Alluri Sitarama Raju District. One CC to SRI ELURU SESHA MAHESH BABU Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Three CD Copies Guntur, District.[By 2. 3. 4. 5. 6. 7. gsg V HIGH COURT DATED:24/04/2025 ORDER a )7JUL 2025 I WP.No.10363 of 2025 rrent m.s THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS