Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 54487 (AP)

RIAZUDDIN KHILJI v. THE STATE OF ANDHRA PRADESH

WP/11139/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

K [ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 'y i >D THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE \o. \o PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11139 OF 2025 Between: Riazuddin Khiiji, W/o Usman Khiiji, aged about 75 years, R/o D.no.26-13-152, Mother Theresa Road, Bhakthavasthala Nagar, Nellore City, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Atmakuru Division, Atmakuru, SPSR Nellore District. 4. The Tahsildar, Udayagiri Mandal, Udayagiri, SPSR. Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 respondents in not considering the claim of the petitioner for allotment of the land in S.No. 1224/1, 3 and 4 an extent of Ac.4- 71 cents of Kondayapalem village, Udayagiri Mandal in favour of Syed Hzzarthmiya Chisty Babaji Trust on payment of market value as per the land allotment policy as illegal and arbitrary and consequently direct the respondents to consider the claim of the petitioner for allotment of above land on payment of market value in favour of trust. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 to send the alienation proposals as directed by 1®* respondent vide Rc.E2/2011 dated 4-11-2022. Counsel for the Petitioner(s):SRI. P GANGA RAMI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010215192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ' THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11139/2025 Between: Riazuddin Khiiji ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 \ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11139/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the claim of the petitioner for allotment of the land in S.No.1224/1, 3 and 4 an extent of Ac. 4.71 cents of Kondayapalem Village, Udayagiri Mandal in favour of Syed Hzzarthmiya Chisty Babaji Trust on payment of market value as per the land allotment policy as illegal and arbitrary and conseguently direct the respondents to consider the claim of the petitioner for allotment of above land on payment of market value In favour of trust and pass such other order." 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner being the religious institution submitted an application/representation for allotment of the government land for conducting religious auspicious activities, since, the present premises is not sufficient for the public who are attending on the auspicious occasions. Considering the representation of the petitioner, respondent No.1 directed respondent Nos.3 and 4 to consider the representation of the petitioner and pass necessary proceedings to meet the exigency. Pursuant to the direction of respondent No.1, respondent Nos.3 and 4 issued proceedings and 3 identified land admeasuring to an extent of Ac.3.88 cents i- 1224/3 and 1224/4 of Kondayapalem Village, Udayagiri Mandal. Even after processing, the proposals from respondent No.2 to respondent Nos.3 and 4, but so far, the same were not become final. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader furnished written instructions issued by the 4*'^ respondent, wherein it is stated as follows: in Sy.Nos. 1224/1, went on “The Chairmen, Syed Hazarath Miya Chisty Babaji Darga Trust has filed a representation before the District Collector, SPS Nellore requested that the extent is no sufficient for activities of DARGA as huge public gathers on the auspicious days, hence to allot land Ac. 4.71 cents In Sy.Nos.1224/1, 2 and 3 of Kondayapalem Village in favour of Syed Hazarath Miya Chisty Babaji Darga Trust on payment of market value. An alienation proposal for an extent of Ac. 1.56 cents in Sy.No.1224/1A, Ac.1.18 cents in Sy.No.1224/3C and Ac. 1.14 cents in Sy.No. 1224/4B totally Ac.3.88 cents of Kondayapalem Village of Udayagiri Mandal in favour of Syed Hazarath Miya Chisty Babaji Darga Trust payment of market value has been prepared to submit as per New Go. Ms. No. 571 .Revenue on Land Allotment Policy, (Assn.l). Dept. Dated 14.09.2012, for taking further action. Without knowing knowledge about the petition, the petitioner filed this writ petition. Hence, the writ petition is liable for dismissal. ” vide 4 5. Learned Government Pleader for the respondents submits that the request of the petitioner is under active consideration, the respondents are taking steps to do needful as requested in accordance with law, within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions submitted by the learned Government Pleader for the respondents. this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.2 to 4 to complete the entire exercise pursuant to their proceedings and proposals as stated in the written instructions issued by the 4*'^ respondent, within a period of six(6) months from the date of receipt of copy of this Order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. [By Special Messenger] 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Atmakuru Division, Atmakuru, SPSR Nellore District. 4. The Tahsildar, Udayagiri Mandal, Udayagiri, SPSR Nellore District.[2 to 4 by RPAD] 5. One CC to SRI P GANGA RAMI REDDY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies HIGH COURT DATED:01/05/2025 ORDER S 19 JUN 2025 ^ . Current {leciion , "y WP.No.11139 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS