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2025 DAILYLAW 45492 (AP)

G MALLIKARJUNA v. THE STATE OF AP

WP/10144/2025 · 2025-04-29

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATIi^^J (Special Original Jurisdiction) “ ^ ' WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NHVtMAGADDA WRIT PETITION NO: 10144 OF 2025 < Between: G Mallikarjuna, S/o. Late G.Lingaiah, Aged about 61 years, Occ: Agriculture R/o. D.No.23-24, KannuVeedi, Kothapeta, Palamaner Mandal, 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. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, Gangavaram Mandal, 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 one in the nature of Writ of Mandamus declaring the action of respondent No.4 in affecting wrong entries in Online pertaining to the land inherited by the petitioner in an extant of Ac.0.20 Cents in Sy. No.68, Ac.0.92 Cents in Sy. No.571/1C, Ac.0.98 Cents in Sy.No.57/lb, Ac.0.29 Cents in Sy.No.5656/B and Ac.0.28 Cents in Sy.No.56/A of Maredupalli Village, GangavaramMandal, Chittoor District pursuant to resurvey of the Village records being conducted by the State Government by uploading the same as the land in an extant of Ac.0.1 Cents in Sy.No.57/1C, Ac. 1.93 Cents in Sy.No.57/IB, Ac.0.42 Cents in Sy.No.56/A and B of Maredupalli ^■r Village fields Gangavaram Mandal, Chittoor District, while removing the land in extant of Ac. 0.20 Cents in Gangavaram Mandal, Chittoor District Sy.No.68 of Mardupalli Village in Online as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles, contrary to the provisions of the Andhra Pradesh Rights in lands and Pattadar passbooks Act, 1971 apart from being voilative fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of Constitution of India and conseguently direct the respondents No.2 to 4 to rectify wrong entries by upload the original extents of land inherited by the petitioner in Online, i.e. in an extant of of Ac.0.20 Cents in Sy. No.68, Ac.0.92 Cents in Sy. No.571/1C Ac.0.98 Cents in Sy.No.57/lb, Ac.0.29 Cents in Sy.No.5656/B and Ac.0.28 Cents in Sy.No.56/A of Maredupalli Village, Gangavaram Mandal, Chittoor District in the petitioner favor. 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 No.4 to consider the representation, dated 22-10-2024 submitted by the petitioner in Revenue Sadassu and take appropriate action for uploading the original extents inherited by the petitioner in Online, i.e., the land in an extant of Ac.0.20 Cents in Sy. No.68, Ac.0.92 Cents in Sy. N0.571/1C, Ac.0.98 Cents in Sy.No.57/1b, Ac.0.29 Cents in Sy.No.5656/B and Ac.0.28 Cents in Sy.No.56/A of Maredupalli Village, Gangavaram Mandal, Chittoor District in petitioner favor, pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s S PARINEETA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: t APHC010198502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE VENKATESWARLU NINIMAGADDA WRIT PETITION NO: 10144/2025 [3329] HjtiS W4 THE Between: ...PETITIONER G Mallikarjuna AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner; 1.SPAR1NEETA Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; 2 NVJ W.P.NO.10144 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0:10144/2025 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 one in the nature of Writ of Mandamus declaring the action of respondent No.4 in affecting wrong entries in Online pertaining to the land Inherited by the petitioner in an extent of Ac.0-20 Cents in Sy.No.68, Ac.0-92 Cents in Sy.No.571/10, Ac.0-98 Cents in Sy.No.57/lb, Ac.0-29 Cents in Sy.No.5656/B and Ac.0-28 Cents in Sy No. 56/A of Maredupalli Village, Gangavaram Mandal, Chittoor District pursuant to resurvey of the Village records being conducted by the State Government by uploading the same as the land In an extant of Ac.0.1 Cents in Sy.No.57/1C, Ac. 1-93 Cents in Sy.No.57/IB Ac.0-42 Cents in Sy.No.56/A and B of Maredupalli Village fields Gangavaram Mandal, Chittoor District, while removing the land In extant of Ac.0-20 Cents In Sy.No.68 of Mardupalli Village, Gangavaram Mandal, Chittoor District in Online as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles contrary to the provisions of the Andhra Pradesh Rights in lands and Pattadar passbooks Act 1971 apart from being voilative of fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents No.2 to 4 to rectify wrong entries by upload the original extents of land inherited by the petitioner in Cniine i.e., in an extant of Ac.0-20 Cents in Sy.No.68, Ac.0-92 Cents in Sy.No.571/1C, Ac.0-98 Cents in Sy.No.57/lb, Ac.0-29 Cents in Sy.No.5656/B and Ac.0-28 Cents in Sy.No.56/A of Maredupalli Village, Gangavaram Mandal, Chittoor District in the petitioner favor and pass....” 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 3. r 3 NVJ^ W.P. NO. 10144 OF20.:d respondents to consider and dispose of the representation dated 22.10,2024 submitted by the petitioner. Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioner dated 22.10.2024 pending with the authorities, within a reasonable time. 4. 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 himself requested to issue a direction to dispose of the representation dated 22.10.2024, this Court find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 22.10.2024, after providing opportunity of hearing to the petitioner as well as other stake holders, if any, 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. 2004 (1) see 769 4 NV,J W.P.N0.10144 OF 2025 X Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// /bisection OFFICER Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, GangavaramMandal, Chittoor District. 5. One CC to M/s S Parineeta, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies To, RAM HIGH COURT DATED:30/04/2025 ORDER I 2 7 MAY 2025 ^ . Current oecuon . ^ WP.No.10144 of 2025 o o» DISPOSING OF THE WP WITHOUT COSTS