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2025 DAILYLAW 51717 (AP)

S G GURRAPPA SETTY v. The State of Andhra Pradesh

WP/31566/2025 · 2025-11-13

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010584882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31566/2025 Between: 1. S G GURRAPPA SETTY, S/O LATE JANARDHAN SHETTY, AGED ABOUT. 70 YEARS, OCC. BUSSINESS,RESIDING AT BODIREDDYPALLI VILLAGE,PALAMANER MANDAL, CHHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER DISTRICT. 4. THE TAHSILDHAR, PALAMANER, CHITTOOR DISTRICT. 5. SMT ESWARAMMA, W/O RAMACHANDRAIH SHETTY AGE. NOT KNOWN, RESIDING AT BODDIREDDIPALLE VILLAGE, PALAMANER MANDAL. ...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 appropriate Writ, Order or direction more particularly one in nature of writ of mandamus to declare the inaction of the respondent No.3 in disposing of the Appeal no. Roc.A3/110/2020 filed by us 2 for cancellation of pattadhar passbook and title deed and entries by the respondent No.4 as arbitrary, illegal, abdication of the statutory duty cast upon him apart from being violative of the fundamental and the Constitutional rights guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent no.3 to dispose of appeal in expedious manner and pass IA 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 respondent no.3 to dispose of appeal in expedious manner and pass Counsel for the Petitioner: 1. M.S.BANU PRASAD RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 31566 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent No.3 in disposing of the appeal No.ROC.A3/110/2020 filed by the petitioner, for cancellation of pattadar pass book and title deed and entries made by respondent No.4 in favour of respondent No.5, as illegal and arbitrary”. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner submits that aggrieved by the orders of the 4th respondent, the petitioner has preferred an appeal before the 3rd respondent in the year 2020 under Section 5(5) of ROR Act 1971 and he also placed reliance of the notice issued by the 3rd respondent on 08.05.2023. Despite the same, the respondent authorities have not considered and disposed of the appeal. 4. As this Court is not inclined to go into the merits of the case, notice to respondent No.5 is dispensed with. Considering the material filed along with the writ petition and on perusal of the appeal as well as the notice given by the 3rd respondent dated 08.05.2023, the writ petition is disposed of directing the respondent No.3 to 4 consider and dispose of the appeal filed by the petitioner within a period of three months. It is needless to mention that the respondent authorities should give notice to the unofficial respondent before disposal of the appeal. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:14.11.2025 sj 5 119 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 31566 of 2025 14.11.2025 ssjj