KATWAL KHADAR BASHA v. THE STATE OF ANDHRA PRADESH
WP/9903/2025 · 2025-04-21
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45019 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45019 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADIiSH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE '' ■ H -jr 73 is PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9903 OF 2025 Between: Katwal Khadar Basha, S/o, Katwal Bashu Saheb, Age 65 years, Occ Cultivation, R/o. D.No.60/57, Gandhi Bazar, Rayachoty, Annamayya District, Erstwhile YSR Kadapa District. ...PETITIONER AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary to the Government Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Chief Commissioner of Land Administration Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. 3. The District Level Committee, Rep by its Chairman and District Collector, Annamayya District at Rayachoty. 4. The Joint Collector, Annamayya District at Rayachoty, Erstwhile Ysr Kadapa District. 5. The Revenue Divisional Officer, Rayachoty Revenue Division, Rayachoty, Annamayya District, Erstwhile YSR Kadapa District. 6. The Tahsildar. Rayachoty Mandal, Annamayya District, Erstwhile YSR Kadapa District. 7. The Sub Registrar, Rayachoty Mandal, Annamayya District, Erstwhile YSR Kadapa District. ...RESPONDENTS Petition under Article 226 of the Constitution of India that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more praying particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd respondent, in not deciding the petitioners’ appeal dt. 03.11.2020 filed by the petitioner under section 8(2) of the Andhra Pradesh Dotted Lands (Updation in Re-sett ement Register) Act, 2017 questioning the Proceedings in R.Dis.No.REV- SWLAODOT/145/2019, dt. 27.08.2020 passed by the 3 with regard to the lands admeasuring Ac. 4.99 cents in Survey No. 530/2, Ac. 1.54 cents in Survey No.591/1, Ac. 1.37 cents No. 593/1 and Ac. 0.75 cents in Survey No. 996/2A and Ac.
1.05 rd respondent in Survey cents in Survey N0.996/2C, situated in Mandal of Annamayya District, as illegal, irregular, irrational and Rayachoty Village and amounts to non-discharge of legal obligation conferred on him under the Provisions of Andhra Pradesh Dotted Lands (Updation in Resettlement Register) Act 2017 and rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and appeal as expeditiously as possible in accordance with law by complying with the rules of audi-alterm-patrem consequently direct the 2nd respondent to decide said
lA 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 to direct the 2nd respondent to decide the petitioner’s Appeal dt. 03.11.2020 filed against Order in proceedings in R.Dis. No. REV-SWLAODOT/1 5/2019, dt. 27.08.2020 passed by the 3rd respondent in accordance with law as expeditiously as possible, pending disposal of the main petition. Counsel for the Petitioner: Smt. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following Order:
APHC010188222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESVi/ARLU NIMMAGADDA WRIT PETITION NO: 9903/2025 Between: Katwal Khadar Basha ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.NIMMAGADDA REVATHI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
'--J 2 NV, J W.P.N0.9903 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9903 /2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“...to issue a writ, order or direction more par'iicularly one in the nature of WRIT OF MANDAMUS declaring the action of 2"'^ respondent, in not deciding the petitioner’s appeal it 03.11.2020 filed by the petitioner under section 8(2) of the Andhra Pradesh Dotted Lands (Updation in Resettlement Register) Act, 2017, questioning the Proceedings in R.Dis.No.REV- SWLAODOT/145/2019 dt 27.08.2020 passed by the 3"^ respondent with regard to the lands admeasuring Ac.4-99 cents in Survey No. 530/2 Ac. 1-54 cents in Survey No. 591/I Ac. 1-37 cents in Survey No. 593/1 and Ac.0-75 cents in Survey N0.996/2A and Ac. 1-05 cents in Survey N0.996/2C situated in Rayachoty Viilage and Mandal of Annamayya District, as illegal, irregular. Irrational and amounts to non-discharge of legal obligation conferred on him under the Provisions of Andhra Pradesh Dotted Lands (Updation in Resettlement Register) Act, 2017 and rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2"^' respondent to decide said appeal as expeditiously as possible in accordance with /aw by complying with the rules of audi-alterm-patrem and pass....” Heard
learned counsel for the petitioner land 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 to consider and dispose of the appeal dated 03.11.2020, submitted by the petitioner.
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4. Learned Government Pleader for Revenue readily agreed to dispose of the appeal dated 03.11.2020, pending with the authorities, within a reasonable time. 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.
5.
3 N\,, W.P.NO.9903.OF 20:^ in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held tha ; 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 appeal dated 03.11.2020, this Court find no other alternative e>:cept to issue such direction. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the appeal dated 03.11.2020, after providing opportunity of hearing to all the parties concerned,s 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.
6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ^2004(1) see 769 Sd/- K KASIRAO AeHARI ASSISTANT REGISTRAR //TRUE COPY// SEeTfON OFFieER To, The Principal Secretary to the Government Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Chief Commissioner of Land Administration Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. The District Level Committee, Rep by its Chairman and District Collector, Annamayya District at Rayachoty. The Joint Collector, Annamayya Distrid at Rayachoty, Erstwhile Ysr Kadapa District. The Revenue Divisional. Officer, Rayachoty Revenue Division, Rayachoty, Annamayya District, Erstwhile YSR Kadapa District. The Tahsildar, Rayachoty Mandal, Annamayya District, Erstwhile YSR Kadapa District The Sub Registrar, Rayachoty Mandal, Annamayya District, Erstwhile YSR Kadapa District.
One CC to Smt. NIMMAGADDA REVATHI Advocate [OPUC] Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh [OUT]
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‘ HIGH COURT DATED:22/04/2025
ORDER WP.No.9903 of 2025 ^ 0 ^ AUG 2025 )^] ««?
DISPOSING OF THE WRIT PETITION WITHOUT COSTS