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2025 DAILYLAW 4838 (AP)

E NAGAMALLESWARA NAIDU v. THE STATE OF ANDHRA PRADESH

WP/2153/2025 · 2025-01-31

Gannamaneni Ramakrishna Prasad

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Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) /y FRIDAY. THE THIRTY FIRST DAY OF JANUARY ' TWO THOUSAND AND TWENTY FIVE ii^ 7*. PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2153 OF 2025 Between: E Nagamalleswara Naidu, S/o.E.Nageswara Rao, Aged.43 years, Occ. Ex.Havildar, R/o.Ponguru Kandriga Village, Ponguru Post, Marripadu Mandal, SPSR Nellore Dist, Andhra Pradesh-524302. ...PETITIONEf^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, SPSR Nellore District, Nellore. c-- .. 3. The Revenue Divisional Officer, Atmakur,' SPSR Nellore District. 4. The Thasildhar, Marripadu Mandal, SPSR Nellore District ...RESPONDENTS 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 a Writ, Order or Direction more particularly one in a nature of Writ of Mandamus, declaring the action of the respondents failing to implement the proceedings of Rc.H.873/2021 dt. 28-12-2023 for issuance of DKT patta under Ex- Servicemen Quota in favour of the petitioner for the lands in Sy.No.1p1J for an extent of Ac.5.00 Cents situated Ponguru Village, Marripadu Mandal, SPSR Nellore District arbitrary, illegal against Art. 19, 21 and 300-A of the Constitution of India as r> and consequently direct the respondents to issue DKT Patta lands to an extent of Ac. 5.00 cents situated in Sy.No.1011 for an extent of Ac.5.00 Cents situated Ponguru Village, Marripadu Mandal, SPSR Nellore District, in favour of the petitioner as per rules contemplated. Si i lA NO: 1 OF 2025 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 respondents to issue DKT patta in favour of the petitioner under^Ex-Servicemen Quota for the lands in Sy.No. 101 for an extent of Ac.5.00 Cents situated Ponguru Vill^e, Marripadu Mandal, SPSR Nellore District pending disposal of the above writ peti|io Counsel for the Petitioner: SRI RAMINENI SATISH BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER n. 1 APHC010038602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2153/2025 Between: 1.E NAGAMALLESWARA NAIDU, S/O.E.NAGESWARA RAO, AGED.43 YEARS, OCC. EX.HAVILDAR, R/O.PONGURU KANDRIGA VILLAGE, PONGURU POST, MARRIPADU MANDAL, SPSR NELLORE DIST, ANDHRA PRADESH-524302. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, SPSR NELLORE DISTRICT. 4.THE THASILDHAR, MARRIPADU MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.RAMINENI SATISH BABU Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 4^ ORAL ORDER: Heard Sri Ramineni Sathish Babu, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Proceedings of the RDO, Atmakur (Respondent No.3) dated 28.12.2023 (Ex.P.5). The said Proceeding would indicate that the RDO, after having considered the Revenue Record as well as due diligence as regards the Applicant/Writ Petitioner herein, has declared that the Writ Petitioner is eligible for allocation of land under Ex-servicemen Quota in Pongur Village of Marripadu Mandal. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission without going into the merit, with a direction to the District Collector, SPSR Nellore District (Respondent No.2) to consider the case of the Writ Petitioner by taking into consideration the Proceedings of the RDO, Atmakur dated 28.12.2023 (Ex.P.5) and pass a Speaking Order in accordance with law within a period of 12 weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 4. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties, consider their submissions/objections and documents, if any, before passing the final order. 5. Writ Petitioner is directed to submit a copy of this Order to the Respondent No.2 within one week from today, for effective compliance. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 2. 3. stage. 3 Interlocutory Applications, if any, stand closed in terms of this order. 7. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// dro^FFICER SE To, 1. The Principal Secretary, Department of Revenue, Secretariat Buildings Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, AtmaioTr, SPSR Nellore District. The Thasildhar, Marripa^iTMandal, SPSR Nellore District ‘ - One CC to Sri Ramineni Satisfi Babu Advocate [OPUC] Two CCs to GP for Revenge, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. TF HIGH COURT DATED;31/01/2025 ORDER WP.No.2153 of 2025 w * 11, FEI 2025 " . Curreni aecuon f DISPOSING OF THE W.P., WITHOUT COSTS