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2025 DAILYLAW 51255 (AP)

V. VENKATESH v. The State of Andhra Pradesh

WP/25154/2025 · 2025-09-17

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010476762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25154 OF 2025 Between: V. Venkatesh, S/o. V.Mekalappa, Aged about 63 years, Occ: Cultivation, R/o. H.No.3-31, Chittoor District. Anganamala Kothur Village, Pogurupalli, Gudupalli Mandal, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur Dist, A.P. 2. The District Collector cum District Magistrate, Chittoor District. 3. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Kuppam Mandal, Chittoor District. 4. The Tahsildar, Gudupalli Mandal, Chittoor District. 5. Narayanappa, S/o. Venkatappa, aged about 50 years, Occ: Cultivation, R/o Gudichembagiri Village, Gudupalli Post and Mandal, District 6. Sri Lakshmappa, S/o. Venkatappa, aged about 48 years, Occ: Railway employee, R/o. Gudichembagiri Village, Gudupalli Post and Mandal, Chittoor District. Chittoor ...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 Order, direction, proceedings or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 3 in not disposing or fixing the date of hearing of the Appeal filed by the petitioner in vide ROC.D/368/2024 dt. .10.2024 pertaining to the subject land admeasuring an extent of Ac 3.33 cents in Sy.No. 11/I, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District as illegal, arbitrary, unconstitutional and being violative of Articles 14, 21 and 300-A of the constitution of India and in contravention to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 consequently a) to direct the Respondent no. 3 herein to dispose off the Appeal m vide ROC.D/368/2024 dt. .10.2024 filed by the petitioner in time bound manner and b) to direct the respondents not to dispossess the petitioner from his land an extent of Ac 3.33 cents in Sy.No. 1 I/I, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District till the disposal of the appeal and to pass .10.2024 filed by the petitioner in ti me bound manner and b) to direct the respondents not to dispossess the petitioner fro his land an extent of Ac.3.33 cents in Sy. No. 11/1 situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District till the disposal of the appeal. lA NO: 1 OF 2025 and Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner from the subject property to an extent of Ac 3.33 cents in Sy.No. Il/I, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K.G. TRIMOORTHY Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : The Court made the following order: % APHC010476762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] i' THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25154/2025 Between: 1.V. VENKATESH, S/0 V.MEKALAPPA, AGED ABOUT 63 YEARS. ANGANAMALA KOTHUR CHITTOOR OCC CULTIVATION, R/0 H.NO.3-31, VILLAGE, DISTRICT. POGURUPALLI, GUDUPALLI MANDAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DIST, A.P. 2.THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, 0/0 THE REVENUE DIVISIONAL OFFICER. KUPPAM MANDAL, CHITTOOR DISTRICT. 4.THE TAHSILDAR, GUDUPALLI MANDAL, CHITTOOR DISTRICT. 5.NARAYANAPPA, S/0 VENKATAPPA, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/0 GUDICHEMBAGIRI VILLAGE, GUDUPALLI POST AND MANDAL, CHITTOOR DISTRICT 6.SRI LAKSHMAPPA, S/0 VENKATAPPA, AGED ABOUT 48 YEARS, OCC RAILWAY EMPLOYEE, R/0 GUDICHEMBAGIRI VILLAGE, GUDUPALLI POST AND MANDAL, CHITTOOR 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 topleased to issue an Order, direction, proceedings or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 3 in not disposing or fixing the date of hearing of the Appeal filed by the petitioner in vide ROC.D/368/2024 dt. .10.2024 pertaining to the subject land admeasuring an extent of Ac 3.33 cents in Sy.No. 1 I/I, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District as illegal, arbitrary, unconstitutional and being violative of Articles 14, 21 and 300-A of the constitution of India and in contravention to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently a) to direct the Respondent no. 3 herein to dispose off the Appeal m vide ROC.D/368/2024 dt. .10.2024 filed by the petitioner in timebound manner and b) to direct the respondents not to dispossess the petitioner from his land an extent of Ac 3.33 cents in Sy.No. 1 1/1, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District till the disposal of the appeal and to pass .10.2024 filed by the pet 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 pleased to direct the respondents not to dispossess the petitioner from the subject property to an extent of Ac 3.33 cents in Sy.No. Il/I, situated at Anganamala Kothur Village, Gudupalli Mandal, Chittoor District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.TRIMOORTHYKG Counsel for the Respondent{S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25154 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...issue an Order, direction, proceedings or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 3 in not disposing or fixing the date of hearing of the Appeal filed by the petitioner in vide ROC.D/36B/2024 dt. .10.2024 pertaining to the subject land admeasuring an extent of Ac 3.33 cents in Sy.No. 1 I/I, situated at Anganamala Kothur Village, Oudupalli Mandal, Chittoor District as illegal, arbitrary, unconstitutional and being violative of Articles 14, 21 and 300-A of the constitution of India and in contravention to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently a) to direct the Respondent no. 3 herein to dispose off the Appeal m vide ROC. D/368/2024 dt. .10.2024 filed by the petitioner in timebound manner and b) to direct the respondents not to dispossess the petitioner from his land an extent of Ac 3.33 cents in Sy.No. 1 I/I, situated at Anganamala Kothur Village, Qudupalli Mandal, Chittoor District till the disposal of the appeal and to pass ...” Heard Sri K.G. Thri Moorthy, learned counsel for petitioner and learned 2. Assistant Government Pleader for Revenue for respondent Nos.1 to 4. The petitioner has approached this Court with a prayer for issuance of a 3. direction for expeditious disposal of the appeal registered as Roc.D/368/2024, dated Nil.10.2024 pending before the 3'"'^ respondent-Revenue Divisional Officer. Learned counsel for petitioner submits that the appellate authority is 4. bound to decide the case in accordance with the law expeditiously. Ergo, this Court directs the 3"'^ respondent-appellate authority to make an endeavor, or to put to an end, by making all the efforts, in deciding the case with due diligence within a reasonable time for disposal of the appeal merits and as per law, after hearing all the parties to the dispute expeditiously as possible and in any case, not beyond three (03) months from date of receipt of a copy this order. 5. on , as 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SURYANADHA REDDY JOINT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Revenue Department, State of Andhra Guntur Dist, A.P. Chittoor District. O/o The Revenue Divisional Officer Pradesh, Secretariat, Velagapudi, Amaravati, 2. The District Collector cum District Magistrate, 3. The Revenue Divisional Officer Kuppam Mandal, Chittoor District. 4. The Tahsildar, Gudupalli Mandal, Chittoor District. 5. One CC to Sri K.G. Trimoorthy, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Two CD Copies Pradesh [OUT] Cnr HIGH COURT DATED;18/09/2025 ORDER WP NO. 25154 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS