Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 45582 (AP)

SOYAM POTHAPPA v. THE STATE OF ANDHRA PRADESH

WP/11518/2025 · 2025-07-02

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ APHC010217712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11518 OF 2025 Between: Soyam Pothappa, S/o Baburao, Age 35 Years, Thigalapalli Village Makkinavarigudem Post, T. Narasapuram Mandal, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep it's PrI Secretary, Revenue Department Velagapudi, Amaravati, Guntur District. 2. The District Collector, Eluru, Eluru District, 3. The Revenue Divisional Officer, Jangareddygudem, Eluru District. 4. The Tahsildar, T. Narasapuram T. Narasapuram Mandal, Eluru 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 order direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not considering the application filed by the petitioner on 23.10.2024 for supply of the Documents of Adangal, for the land covered in R.S No. 37/1, 43/1, 583/2, 32 situated at Bandivarigudem , T.Narasapuram Mandal, Eluru District, for the year 1420F (2010- 2011). as illegal arbitrary and contrary to the provisions of the Right Information Act 2005 Consequently direct the respondents to supply of copies of the fair Adangal for the Year 2010-2011 in respect of the land covered in / RS.No.37/1, Mandal, Eluru District. 43/1, 583/2. 32 situated at Bandivarigudem, T.Narasapuram lAjy<OM_OF2^5 Petition under Section 151 in the affidavit filed i direct the 4'^^ 23.10.2024 for su the land CPC praying that in the cicircumstances stated rnay be pleased to petitioneron in respect of 3t Bandivarigudem, pending disposal of the above in support of the petition, the High Court respondent to consider the application filed by the supply of 10(1) Adangal for the period 2010-2011 i covered in R.S.No.37/1 43/1, 583/2, 32 situated T.Narasapuram Mandal, petition. Eluru District writ counsel for the Petitioner: SRi P R k AMERaNDRa KUMAR Counsei for the Respondents: GP FOR REVENUE The Court made the foiiowing order: APHC010217712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11518/2025 Between: 1.SOYAM POTHAPPA, S/0 BABURAO THIGALAPALLI VILLAGE, NARASAPURAM MANDAL, ELURU DISTRICT. AGE 35 YEARS, MAKKINAVARIGUDEM POST, T. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP IT'S PRL SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT, 3.THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM ELURU DISTRICT. 4.THE TAHSILDAR, T. NARASAPURAM T. NARASAPURAM MANDAL ELURU DISTRICT. ...RESPONDENT(S): 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 order direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not considering the application filed by the petitioner on 23.10.2024 for supply of the Documents of Adangal, for the land covered in R.S No. 37/1, 43/1, 583/2, 32 situated at Bandivarigudem T.Narasapuram Mandal, Eluru District, for the year 1420F (2010- 2011). as illegal arbitrary and contrary to the provisions of the Right Information Act 2005 Consequently direct the respondents to supply of copies SRS,J W.P.No.11518 of 2025 Of the fair Adangal for the Year 2010-2011 in respect of the land covered in R.S.No.37/1, 43/1, 583/2, 32 situated at Bandivarigudem, T.Narasapuram Mandal, Eluru District and to pass 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 Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: :: ORDER :: The above writ petition has been filed in not considering the application made by the petitioner on 23.10.2024 for the supply of documents under the provisions of the Right to Information Act, 2005, as illegal and arbitrary. Heard Sri P.R.K. Amarendra Kumar, learned counsel for the petitioner and Sri Bhagat Singh, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 4. 2. 3. Learned counsel for the petitioner would submit that the petitioner and family members owned agricultural lands in R.S.Nos.37/1, 43/1, 583/2, 32 of Bandivarigudem, T. Narasapuram Mandal, Eluru District. The petitioner’s father’s name was deleted from the revenue records. The petitioner made an application to respondent No.4 to furnish 10(1) Agangal copies for the 2010-2011 on 23.10.2024. The petitioner filed an appeal before the Revenue Divisional Officer on 13.12.2024, wherein the respondent No.3 directed respondent No.4 - Tahsildar to supply documents. However, respondent No.4 year has not supplied the documents. SRS,J W P.No.11518 of 2025 Sri Bhagat Singh, learned Assistant Government Pleader for Revenue, would submit that the petitioner filed an appeal on the file of respondent No.3. Respondent No.3 issued an endorsement dated 06.02.2025. Aggrieved by the said endorsement, the petitioner filed a second appeal before the RTI Commissioner, and the same is pending. 4. The writ petition was listed on 07.05.2025, and this Court directed the learned Assistant Government Pleader to produce the proceedings of respondent No.3. Accordingly, the proceedings of respondent No.3 vide Rc.No.1503/2024/G, dated 06.02.2025, are produced before this Court. A perusal of the proceedings, respondent No.3 informed the petitioner that the information sought by the petitioner is not available in the office of respondent No.4. The averment made in para No.3 of the affidavit that respondent No.3 directed respondent No.4 to supply information is false. In fact, as narrated supra, the second appeal filed by the petitioner is pending before the Commissioner and the petitioner approached this Court without disclosing the true and correct facts. 5. 6. 7. Thus, this court concludes that the petitioner approached this Court with unclean hands by suppressing the material facts. This Court does not find merit in the writ petition, and the same is liable to be dismissed. Though the writ petition is liable to be dismissed with costs, however, considering the status of the petitioner being a farmer, this Court is not imposing costs. Given the facts and circumstances of the case, the Writ Petition is dismissed. No order as to costs. any 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- U aRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ■o SECTION OFFICER To, 1. One CC to SRI. P R K AMERANDRA KUMAR, 2. Two CCs to GP FOR REVENUE, 3. Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh [OUT] NM HIGH COURT DATED:03/07/2025 ORDER WP NO. 11518 OF 2025 \fc» mi 31 OCT 2C:5 ^ -^^Current bectior^-yir dismissing the WP WITHOUT COSTS