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2025 DAILYLAW 49358 (AP)

Maguluri Nagireddy, v. The State of Andhra Pradesh,

WP/12214/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF Mi#(j TWO THOUSAND AND TWENTY FIVE ? ^ i/K o‘« PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12214 OF 2025 Between: Maguluri Nagireddy, S/o. Ayyavaru Reddy, aged 73 years, Occ:- Cultivation, R/o. 2-27, Venkatapuramu Village, Addanki Mandal, Bapatia District, Erstwhile Prakasam District, being represented by his GPA holder Maguluri Srinivasa Reddy. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its principal Secretary to Government, Revenue Department, Secretariat, Velagapudi,Amaravat i, Guntur District. 2. The District Collector, Bapatia District at Bapatia, Erstwhile Prakasam District. 3. The Joint Collector, Bapatia District at Bapatia Erstwhile Prakasam District. 4. The Revenue Divisional Officer, Bapatia Revenue Division, Bapatia District Erstwhile Prakasam District. 5. The Tahsildar, Addanki Mandal, Bapatia District, Erstwhile Prakasam District. 6. The Bhimanandam Jayarami Reddy, S/o. Raghavareddy, aged 76 years, Occ- Cultivation, R/o. Venkatapuramu Village, Addanki Mandal, Bapatia District, Erstwhile Prakasam District. 7. Bhimanandam Lalakrishna Reddy, S/o. Venkata Rama Reddy, aged 27 years, R/o. Kodamuru Village, J.Panguluru Mandal, Bapatia District, Erstwhile Prakasam 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3rd Respondent in non-deciding the Revision Petition and Stay Petition, dt. 27.01.2025 filed by the Petitioner under Section 9 of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the rules framed thereunder against the proceedings made by the 5 Respondent in mutating the name of Respondents 6 and 7 in all record of rights in respect of Petitioners land admeasuring Ac. 0.19 Cents covered by Sy. No. 2114 of Venkatapuramu, H/o. South Addanki Village, Addanki Mandal, Bapatia District, Erstwhile Prakasam District, as illegal, irregular, and amounts to non-discharge of legal obligation conferred on him/her under such statute and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 3rd Respondent to decide said Revision and Stay Petition in accordance with law and pass orders in accordance with law. 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 suspend the mutation entries which are now recorded in favor of 7th Respondent in respect of Petitioner’s land admeasuring Ac. 0.19 Cents covered by Sy. No. 2114 of Venkatapuramu, H/o. South Addanki Village, Addanki Mandal, Bapatia District, Erstwiile Prakasam District, pending disposal of the main Writ Petition. Counsel for the Petitioner; SMT. NIMMAGADDA REVATHI Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent Nos. 6 & 7: -— The Court made the following: ORDER APHC010233582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥iB [3329] m WEDNESDAY JHE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12214/2025 Between: ...PETITIONER MaguluriNagireddy 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: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12214/2025 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 particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3'^ Respondent in non-deciding the Revision Petition and Stay Petition dt.27.01.2025 filed by the Petitioner under Section 9 of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the rules framed thereunder against the proceedings made by the 5^^Respondent in mutating the name of Respondents 6 and 7 in all record of rights in respect of Petitioner’s land admeasuring Ac. 0.19 Cents covered by Sy.No.2114 of Venkatapuramu, H/o South AddankI Village,AddankI Mandal, Bapatia District Erstwhile Prakasam District as illegal. Irregular and amounts to non-discharge of legal obligation conferred on him/her under such statute and offends Articles 14, 21 and 300-A of the Constitution of India and conseguently direct the 3'^'^Respondent todecide said Revision and Stay Petition in accordance with law and pass orders in accordance with law...” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 27.01.2025 filed by the petitioner. 4. Learned Government Pleader for Revenue written instructions dated 05.05.2025 i stated as follows; of the Revision Petition dated furnished on record the issued by respondent No.5, wherein it is In this connection, it is submitted that the of the revisions and stay petition, dated 27.01 an administration delay Le., conducted of ULC Elections for Krishna, Guntur Graduate Constituency, visiting of Handle Chief Minister of Andhra Pradesh in Bapatia District and other Government priority works. The said, revision petition wili be disposed by following the due process of law in terms of Andhra Pradesh Rights in Lands and Pattadar Pass Book Act, 1971 at the earliest”. On perusal of the said instructions, authorities are ready to dispose of the Revision pending with them, within a reasonable time. non-deciding and delay .2025 filed by the petitioner IS 5. it is evident that the respondent Petition dated 27.01.2025 6. In view of the submissions made by the learned for Revenue, this Court need allegations made in the petition. This Court be issued, in India v. P.Venkatesh^”, make for a quick or easy disposal of institutions. But, they do not counsel for the petitioner himself requested Government Pleader not decide the truth or otherwise of the IS conscious that no such direction view of the judgment of the Apex Court in 'The Government of Wherein the Apex Court held that such orders may cases in overburdened adjudicatory serve to the cause of justice. As the learned to issue a direction to dispose of 2019(8) SCALE 544 the Revision Petition dated 27.01.2025, this Court find no other alternative except to issue such direction. 6. Accordingly, with the consent of both the learned counsel, the present Writ Petition is disposed of, with a direction to the respondent authorities to consider and dispose of the Revision petition dated 27.01.2025 filed by the petitioner, in accordance with law, after providing opportunity of hearing to both the parties, within a period of four (04) 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/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatla District at Bapatia, Erstwhile Prakasam District. 3. The Joint Collector, Bapatla District at Bapatla Erstwhile Prakasam District. 4. The Revenue Divisional Officer, Bapatla Revenue Division, Bapatla District Erstwhile Prakasam District. 5. The Tahsildar, Addanki Mandal, Bapatla District, Erstwhile Prakasam District. 6. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:07/05/2025 ORDER WP.No.12214of 2025 DISPOSING OF THE W.P., WITHOUT COSTS