Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11245 OF 2025 Between; Dasari Penchalaiah, S/o late Obaiah. aged 54 years, R/o at Jorepalli Akkamambapuram village, Rapur Mandal SPSR Nellore District ...PETITIONER AND
1. The State Of Andhra Pradesh, rep. by its Principal Secretary, Dept, of Revenue, Secretariat, Nelapadu, Amaravati
2. The District Collector, Nellore SPSR Nellore District
3. The Revenue Divisional Officer, Nellore SPSR Nellore District
4. The Tahsildhar, Rapur, Rapur Mandal, SPSR Nellore 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 a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the 4th respondent herein not consider the representations under grievances cell
dt. 20-01-2025, 10-02-2025, 10-03-2025 and written representation dt.10- 02-2025 requesting to mutate his name in the revenue records ie., webland ; a^riagal, IB ROR and for issuance of E- pass book in place of his brother } / late Dasari Venkatasubbaiah S/o Obaiah in respect of the agricultural lands in an extent of Ac. 1-40 cents out of total extent Ac.2-79 cents in ■ Sy.No.71-4 and Ac.0-13 1/2 cents in Sy.No.57-8A total extent of Ac.1-53 1/2 cents situated at Jorepalli Akkamambapuram village accounts, Rapur Mandal, SPSR Nellore District, having acquired the same by virtue of unregistered WILL DEED dt.05-02-2014 executed by his elder brother late Dasari Venkatasubbaiah @ kunteiah as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 16 and 19 of the Constitution of India and consequently direct the respondents 2 to 4 herein to mutate his name in the revenue records in place of his brother late Dasari Venkatasubbaiah who bequeathed the same by virtue of unregistered will deed dt.05-02-2014 for an extent of Ac. 1-40 cents in Sy.No.71-4, and Ac.0-13 1/2 cents in Sy.No.57-8A total extent of Ac.1-53 1/2 cents situated at Jorepalli Akkamambapuram village accounts, Rapur Mandal, SPSR Nellore District by consider the written representation well as on line applications.
as 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 respondents 2 to 4 herein to mutate the petitioner name in the revenue records with reference to the lands in an extent of Ac. 1-40 cents in Sy.No.71-4 and Ac 0-13 1/2 cents in Sy.No.57-8A situated at Jorepalli Akkamambapuram village, Rapur Mandal, SPSR Nellore District in place of his brother late Dasari Venkatasubbaiah by consider his representations pending disposal of the writ petition. V Counsel for the Petitioner: SRI. V ESWARAIAH CHOWDARY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order:
/ / APHC010224832025 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 NIMMAGADDA WRIT PETITION NO: 11245/2025 Between: ...PETITIONER Dasari Penchalaiah AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1 .V ESWARAIAH CHOWDARY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
V 2 NVJ W.P. NO. 11245 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11245/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“...to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the 4th respondent herein not consider the representations under grievances cell dt.20.01.2025, 10.02.2025, 10.03.2025 and written representation dt. 10.02.2025 requesting to mutate his name in the revenue records i.e., webland adnagal, IB ROR and for issuance of E- pass book in place of his brother late Dasari Venkatasubbaiah S/o Obaiah in respect of the agricultural lands in an extent of Ac. 1-40 cents out of total extent Ac.2-79 cents in Sy.No.71-4 and Ac.0-13 /4 cents in Sy.No.57-8A total extent of Ac. 1-53 Yz cents situated at Jorepalli Akkamambapuram village accounts, Rapur Mandat, SPSR Nellore District, having acquired the same by virtue of unregistered WILL DEED dt.05.02.2014 executed by his elder brother late Dasari Venkatasubbaiah @ kunteiah as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 16 and 19 of the Constitution of India and consequently direct the respondents 2 to 4 herein to mutate his name in the revenue records in place of his brother late Dasari Venkatasubbaiah who bequeathed the same by virtue of unregistered will deed dt 05.02.2014 for an extent of Ac. 1-40 cents in Sy.No.71-4 and Ac.0-13 Yz cents in Sy.N0.57-8A total extent of Ac. 1-53 Yz cents situated at Jorepalli Akkamambapuram village accounts, Rapur Mandal, SPSR Nellore District by consider the written representation as well as on line applications and pass such...." Heard
learned counsel for the petitioner and learned Government
2. Pleader for Revenue for the respondents. 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 respondent No.4 to consider and dispose of the representations made through
3. / 3 A/V> W.P. NO. 11245 OF 2025 PGRS (Public Grievances Redressal System) dated 20.01.2025, 10.02.2025 10.03.2025 and also a written representation dated 10.02.2025 submitted by the petitioner. 4. Learned Government Pleader for Revenue appearing for the th respondents furnished written instructions dated 29.04.2025 issued by the 4 respondent, wherein it is stated that: ‘3. During the life time of Dasari Venkata Subbaiah, executed unregistered will dated 05.02.2014 and transferred an extent of Acs. 1-40 cents (assignment land) out of Acs.2-79 cents in sy.No. 71/4 which was assigned to him and an extent of Acs. 0-13 Vz cents in Sy.No.57/8A in favour of Dasari Penchalaiah (Writ petitioner herein and brother of the deceased Venkata subbaiah). 4. When he was alive, he executed a register will doc.No.03/2016 dated 27.02.2016 to an extent of Acs.2-79 cents (assignment land) in Sy.No.71/4 which was assigned to him and an extent of Acs.0-13 Vz cents in Sy.No.57/8A on 22.02.2016 in favour of Dasari Hymavathi W/o. Sivaiah. 5. At present the land to an extent of Acs. 1-35 cents in sy.No. 71/4 cultivated by smt. Dasari Hymavathi W/o. Sivaiah and Ac. 1-35 cents in Sy.No. 71/4 cultivated Dasari Penchalaiah by raising Acid lemon. ” 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 to be issued, in view of the judgment of the Apex Court in “The Government of 1 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 representations made through PGRS (Public Grievances Redressal 2004(1) see 769
\ 4 NV,J W.P. NO.
11245 OF 2025 System) dated 20.01.2025, 10.02.2025 10.03.2025 and written representation dated 10.02.2025, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondent No.4 to consider and dispose of the representations made through PGRS (Public Grievances Redressal System) dated 20.01.2025, 10.02.2025 10.03.2025 and written representation dated 10.02.2025, after providing opportunity of hearing to 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/- N NAGAMMA assistant registrar //TRUE COPY// f' % SECTION OFFICER To,
1. The Principal Secretary, Dept, of Revenue, Secretariat, Nelapadu, Amaravati
2. The District Collector, Nellore SPSR Nellore District
3. The Revenue Divisional Officer, Nellore SPSR Nellore District
4. The Tahsildhar, Rapur, Rapur Mandal, SPSR Nellore District
5. One CC to Sri. V Eswaraiah Chowdary, Advocate [OPUC]
6. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies vna
HIGH COURT DATED:30/04/2025
ORDER WP.No.11245 of 2025 and«^ X 19 JUN 202b g ^ . Curreni a«ciion DISPOSING OF THE WRIT PETITION WITHOUT COSTS