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2025 DAILYLAW 49436 (AP)

Vulavalapudi Venkata Lakshmi, v. The State of Andhra Pradesh,

WP/25659/2025 · 2025-09-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010484722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI j (Special Original Jurisdiction) ( TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25659 OF 2025 Between: 1. Vulavalapudi Venkata Lakshmi, W/o. Late Vuiavalapudi Chakradhar Rao aged 40 years,, Occ- Household, R/o. Gantavarigudem Village, Nallajarla Mandal, East Godavari District 2. Vulavalapudi Baby, D/o. Late Vulavalapudi Chakradhar Rao aged 22 years, Occ- Student, R/o. Gantavarigudem Village, Nallajarla Mandal, East Godavari District. 3. Vulavalapudi Kusuma Durga, D/o. Late Vulavalapudi Chakradhar Rao aged 20 years, Occ- Student, Rio. Gantavarigudem Village Nallajarla Mandal, East Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Amaravati, Guntur District. 2. The District Collector, Eluru District at Eluru, Erstwhile West Godavari District, 3. Joint Collector, Eluru District at Eluru, Erstwhile West Godavari District. 4. The Revenue Divisional Officer, Eluru Division, Eluru (formerly West Godavari) District. 5. The Tahsildar, Chintalpudi Mandal, Eluru (formerly West Godavari) District. Velagapudi, 6. Sri Vangapanudu Vivekanancia, S/o. Rama Rao, R/o. Ramakrishna Nagar, Chintalapudi Village and Mandal, West Godavari District ; 7. Gadde Ugander, S/o. Late Gadde Venkateswara Rao, Aged 33 years, Uppalapati Veedhi, D.No.4-77/1, R/o. Occ- Cultivation Dharmajigudem Village, Lingapalem Mandal, West Godavari 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 the 1st respondent in not deciding revision and LR Petition filed therein under Section 4(B) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 against the proceedings in Revision petition vide No. respondent thereby presented ROC.El/5543/2010, dt. 10.05.2018 passed by 3 confirming the proceedings in ROC.NO.2033/2008 dt. 16.11.2009 passed by the 4th respondent, as illegal, irregular, irrational and amounts to non discharge of legal obligation conformed on 1st respondent and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the rd 1®* respondent to decide revision and legal representative petition filed therein and Petition in accordance with law, without interfering with the petitioners possession over their land of Ac. 2.61 cents in R.S No. 1327-5 of Chintalpudi Village and Mandal, Eluru (Formerly West Godavari) District. 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 operation of Order in Proceedings in Revision petition vide No.ROC.El/5543/2010, dt. 10.05.2018 passed by 3'^^ respondent and consequently direct the respondents not to interfere with the petitioners’ possession over their landed property of Ac. 2.81 cents in R.S No.1327- 5 of Chintalpudi Village and Mandal, Eluru (Formerly West Godavari) District, pending disposal of the main Writ Petition. i Counsel for the Petitioners: SRi SHAIK JAHANGEER BASHA Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel for the Respondents No.6 to 7: None appeared The Court made the following APHC010484722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25659/2025 Between: 1.VULAVALAPUDI VENKATA LAKSHMI, W/O.LATE VULAVALAPUDl CHAKRADHAR RAO AGED 40 YEARS, OCC- HOUSEHOLD, R/0. GANTAVARIGUDEM VILLAGE, NALLAJARLA MANDAL, EAST GODAVARI DISTRICT 2.VULAVALAPUDI BABY, D/0.LATE VULAVALAPUDl CHAKRADHAR RAO AGED 22 YEARS, OCC- STUDENT, R/0. GANTAVARIGUDEM VILLAGE, NALLAJARLA MANDAL, EAST GODAVARI DISTRICT. 3.VULAVALAPUDI KUSUMA DURGA,, D/0. LATE VULAVALAPUDl CHAKRADHAR RAO AGED 20 YEARS, OCC- STUDENT, R/0. GANTAVARIGUDEM VILLAGE NALLAJARLA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU, ERSTWHILE WEST GODAVARI DISTRICT, 3.JOINT COLLECTOR, ELURU DISTRICT AT ELURU, ERSTWHILE WEST GODAVARI DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, ELURU DIVISION, ELURU (FORMERLY WEST GODAVARI) DISTRICT. 5.THE TAHSILDAR, CHINTALPUDI MANDAL, ELURU (FORMERLY WEST GODAVARI) DISTRICT. 6.SRI VANGAPANUDU VIVEKANANDA, S/0. RAMA RAO, R/0. RAMAKRISHNA NAGAR, CHINTALAPUDI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 2 7.GADDE UGANDER, S/0. LATE GADDE VENKATESWARA RAO. AGED 33 YEARS. OCC- CULTIVATION. R/0. D.N0.4- 77/1. UPPALAPATI VEEDHI, DHARMAJIGUDEM VILLAGE. LINGAPALEM MANDAL, WEST GODAVARI 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1®' respondent in not deciding revision and LR Petition filed therein under Section 4(B) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act. 1977 presented against the proceedings in Revision petition vide No.ROC.EI/5543/2010. dt. 10.05.2018 passed by 3'^'^ respondent thereby confirming the proceedings in ROC.NO.2033/2008 dt.16.11.2009 passed by the 4 respondent, as illegal, irregular, irrational and amounts to non discharge of legal obligation conformed on 1®^ respondent and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 1®* respondent to decide revision and legal representative petition filed therein and Petition in accordance with law, without interfering with the petitioners possession over their land of Ac. 2.81 cents in R.S No. 1327-5 of Chintalpudi Village and Mandal, Eluru (Formerly West Godavari) District and pass th 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 operation of Order in Proceedings in Revision petition vide No.ROC.El/5543/2010, dt.10.05.2018 passed by 3'^'^ respondent and consequently direct the respondents not to interfere with the petitioners’ possession over their landed property of Ac.2.81 cents in R.S No.1327-5 of Chintalpudi Village and Mandal, Eluru (Formerly West Godavari) District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1 .SHAIK JAHANGEER BASHA Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 25659 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a writ, order or direction more particuiariy one in the nature of Writ of Mandamus, deciaring the action of the 1 respondent in not deciding revision and LR Petition fiied therein under Section 4(B) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 presented against the proceedings in Revision Petition vide No.ROC.EI/5543/2010, dt. 10.05.2018 passed by respondent thereby confirming the proceedings in ROC.NO.2033/2008 dt.16.11.2009 passed by the 4^^ respondent, as iilegal, irregular, irrational and amounts to non-discharge of legal obligation conformed on respondent and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 1^‘ respondent to decide revision and legal representative petition filed therein and Petition in accordance with law, without interfering with the petitioners possession over their land of Ac. 2.81 cents in R.S No. 1327-5 of Chintalpudi Village and Mandal, Eluru (Formerly West Godavari) District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case”. St The petitioners have approached this Court with a prayer for issuance of a direction for expeditious disposal of the Revision and LR Petition therein filed by the petitioners against the order dated 10.05.2018 of the 3^^ respondent thereby confirming the proceedings in ROC No.2033/2008, dated 16.11.2009 passed by the 4^*^ respondent under the provisions of A.P. Rights in Assigned Lands (Prohibition of Transfer) Act, 1977. 2. 3. The learned counsel for the petitioners stated that the appellate authority is bound to decide the case in accordance with law 4 expeditiously. The urgency that is stated that the property rights are involved in the case if the delay is occasioned that it will be detrimental to the petitioners. Hence, pleaded to direct the appellate authority to dispose of the appeal in a time bound manner in accordance with law. Ergo the Court directs the 1®' respondent appellate authority to 4. make an endeavour to put an end, by making all the efforts in deciding the case with due diligence within a reasonable time for disposal of the Revision and LR petition therein filed by the petitioners, on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond three months from the date of receipt of the order. Accordingly, the Writ Petition is disposed of. There shall be no 5. order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- SRI T-SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Eluru District at Eluru Godavari District, Joint Collector, Eluru District at Eluru, Erstwhile West Godavari District. The Revenue Divisional Officer, Eluru Division, Eluru (formerly West Godavari) District. 1. Erstwhile West 2. 3. 4. 5. The Tahsildar, Chintalpudi Mandal District. 6. One CC to Sri SHAIK JAHANGEER BASHA, 7. Two CCs to GP for REVENUE [OUT] 8. Two CD Copies vna Eluru (formerly West Godavari) Advocate [OPUC] High Court of Andhra Pradesh HIGH COURT DATE0:23/09/2025 ORDER WP NO. 25659 OF 2025 gf 1 <1 OCT 2025 jg, X^'sCyrrentSectiQtt^^^ COS-&^'^® petition without