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2025 DAILYLAW 52450 (AP)

KARIPAM PENCHALAIAH v. THE STATE OF ANDHRA PRADESH

WP/25255/2025 · 2025-10-07

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010483512025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. BETWEEN: 1. KARIPAM PENCHALAIAH, S/o. LATE KARIPAM ANKAIAH HINDU, AGED ABOUT 31 YEARS, OBULAYAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 2. GADIRAJU VENKATARATHNAM RAJU, S/o. SUBBARAJU, HINDU, AGED ABOUT 64 YEARS, D.No.14 KONETIMITTA, EAST GUDURU, TIRUPATHI DISTRICT. 3. MUDDULURU VENKATA SUBBA RAJU, S/o. LATE MUDDULURU VENKATA RAJU, AGED ABOUT 53 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 4. CHEMIRTHI BHAGYALAKSHMI, D/o. LATE MUDDULURU VENKATA RAJU, AGED ABOUT 48 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 5. KANCHERLA SUBBARAMAIAH, S/o. K. SUBBAIAH HINDU, AGED ABOUT 79 YEARS, D.NO. 3 ANDHRA KESARI NAGAR, SPSR NELLORE DISTRICT. 6. M. MASTAN RAO,, S/O. LAFE MATTEMPATI MASTANAIAH AGED ABOUT 55 YEARS, R/O. D.No. 25 CROSS ROAD, PODALAKUR ROAD, SPSR NELLORE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 25255/2025 KARIPAM PENCHALAIAH, S/o. LATE KARIPAM ANKAIAH HINDU, AGED ABOUT 31 YEARS, OBULAYAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. GADIRAJU VENKATARATHNAM RAJU, S/o. SUBBARAJU, HINDU, AGED ABOUT 64 YEARS, D.No.14 KONETIMITTA, EAST GUDURU, TIRUPATHI DISTRICT. MUDDULURU VENKATA SUBBA RAJU, S/o. LATE MUDDULURU VENKATA RAJU, AGED ABOUT 53 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. CHEMIRTHI BHAGYALAKSHMI, D/o. LATE MUDDULURU KATA RAJU, AGED ABOUT 48 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. KANCHERLA SUBBARAMAIAH, S/o. K. SUBBAIAH HINDU, AGED ABOUT 79 YEARS, D.NO. 3-590, KOTHURU BIT ANDHRA KESARI NAGAR, SPSR NELLORE DISTRICT. MASTAN RAO,, S/O. LAFE MATTEMPATI MASTANAIAH AGED ABOUT 55 YEARS, R/O. D.No. 25-3-395, 5TH CROSS ROAD, PODALAKUR ROAD, SPSR NELLORE IN THE HIGH COURT OF ANDHRA PRADESH [3330] WEDNESDAY, THE EIGHTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO KARIPAM PENCHALAIAH, S/o. LATE KARIPAM ANKAIAH HINDU, AGED ABOUT 31 YEARS, OBULAYAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. GADIRAJU VENKATARATHNAM RAJU, S/o. SUBBARAJU, HINDU, AGED ABOUT 64 YEARS, D.No.14-88-1, KONETIMITTA, EAST GUDURU, TIRUPATHI DISTRICT. MUDDULURU VENKATA SUBBA RAJU, S/o. LATE MUDDULURU VENKATA RAJU, AGED ABOUT 53 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR CHEMIRTHI BHAGYALAKSHMI, D/o. LATE MUDDULURU KATA RAJU, AGED ABOUT 48 YEARS, R/o. GUDLURUPALLE VILLAGE, RAPUR MANDAL, SPSR KANCHERLA SUBBARAMAIAH, S/o. K. SUBBAIAH HINDU, 590, KOTHURU BIT -1, ANDHRA KESARI NAGAR, SPSR NELLORE DISTRICT. MASTAN RAO,, S/O. LAFE MATTEMPATI MASTANAIAH 395, 5TH CROSS ROAD, PODALAKUR ROAD, SPSR NELLORE 2 DISTRICT. 7. M. MADHAVI LATHA, S/o. LATE MATTEMPATI MASTANAIAH AGED ABOUT 53 YEARS, R/o. D.No. 25-3- 395, 5TH CROSS ROAD, PODALAKUR ROAD, SPSR NELLORE DISTRICT. 8. M. MAHESH BABU, S/o. LATE MATTEMPATI MASTANAIAH, AGED ABOUT 50 YEARS, R/O. D.NO. 25-3-395, 5TH CROSS ROAD, PODALAKUR ROAD, SPSR NELLORE DISTRICT. 9. M. SAVITHRAMMA, W/o. LATE MATTEMPATI MALLAIAH AGED ABOUT 73 YEARS, R/o. R.R. CENTRE, KOTHURU VILLAGE, SPSR NELLORE DISTRICT. 10. M. MALLIKARJUNA, S/o. LATE MATTEMPATI MALLAIAH, AGED ABOUT 50 YEARS, R/O. R.R. CENTRE, KOTHURU VILLAGE, SPSR NELLORE DISTRICT. 11. PERURU MALLAMMA, W/o. YANADAIAH, AGED ABOUT 46 YEARS, R/o. R.R. CENTRE KOTHURU VILLAGE, SPSR NELLORE DISTRICT. 12. MATTEMPATI CHINNA MALLIKARJUNA, S/o. M. MALLIAH, AGED ABOUT 45 YEARS, R/o. R.R. CENTRE, KOTHURU VILLAGE, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE L.A)., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (IRRIGATION DEPT)., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADDSH. 3 3. THE CHIEF COMMISSIONER LAND ADMINISTRATION, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 5. THE SPECIAL DEPUTY COLLECTOR L A, TELUGU GANGA PROJECT, RAPUR MANDAL SPSR NELLORE 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 5TH respondent in considering the claim petition, dated 19.04.2024 filed by the petitioners through their counsel for payment of compensation for pomegranate and lemon trees on par with the original Pattadars who raised the pomegranate and lemon trees in Lingapalem Village, Rapur Mandal as per the Government G.O.Ms.No.1307, dated 23.12.1993 G.O.Ms.No.259, dated 21.06.2016 and judgment of the Division Bench of this Hon'ble High Court in L.A.A.S. No. 57 of 2019 and in Mekala Pandu's case and judgment of Hon'ble Supreme Court in Civil Appeal No.2337 of 2021 in SLP(c ) No.8710 of 2021 as illegal arbitrary and violation of Article 14, 16 and 300-A of the Constitution of India and consequently direct the respondents to pay the compensation amount forthwith on par with the original pattadars and pass such other order or orders. Counsel for the Petitioner(S): 1. M S R CHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 4 ORDER: Pithily this Writ Petition is filed on the ground that a representation dated 19.04.2025 was made to the Special Deputy Collector (Land Acquisition), Telugu Ganga Project, Rapur at SPSR Nellore, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. 2. In the judgment of Hon’ble Apex Court in Government of India and another vs P. Venkatesh1 held that: Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. 3. This Court is not oblivious of the fact that a Court to authorities, before directing "consideration" of a claim or representation, should examine whether the claim or representation is with reference to a "live" issue or whether it is with reference to a "dead" or "stale" issue. 1 (2019) 15 SCC 613 5 If it is with reference to a "dead" or "stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct consideration or reconsideration. If the Court to tribunal deciding to direct "consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the court does not expressly say so, that would be the legal position and effect." 4. Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. 5. However, the respondents are directed to consider the petitioners’ representation, examine thoroughly, issue orders accordingly, and communicate the decision to the petitioners. It goes without saying that the entire process will be completed within six weeks from the date of receipt of the order. 6. Accordingly, the Writ Petition is disposed of. However, no costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 08.10.2025 Harin 6 115 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 25255 OF 2025 Date: 08.10.2025 Harin