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2025 DAILYLAW 56284 (AP)

MAJJI @ KOONA CHINNAMMADU v. THE STATE OF ANDHRA PRADESH

WP/10365/2025 · 2025-04-23

Venkateswarlu Nimmagadda

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATV^Top?^ (Special Original Jurisdiction) o 5(5 ■> THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE a PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10365 OF 2025 Between: Majji @ Koona Chinnammadu, W/o. Koona Ramappadu D/o. Late Majji Latchamu, aged about 48 years, R/o. D.No. 1-3, SC Colony, Syrigam Village, Jalumuru Mandal, Srikakulam District. Majji Leelavathi, D/o. Late Majji Latchamu, aged about 40 years, R/o. D.No. 2-4, S C Colony, Syrigam Village, Jalumuru Mandai Srikakulam District. 1. 2. ...PETITIONERS AND The State of Andhra Pradesh, represented by its Principal Secretary, Department of Revenue, at Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Srikakulam, Srikakulam District. The Revenue Divisional Officer, Tekkali Division, Srikakulam District The Tahsildar, Jalumuru Mandal, Srikakulam District. The S.H.O., Jalumuru P.S. Srikakulam, Srikakulam District. 1. 2. 3. 4. 5. ...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 Respondents in not taking action on the representation of the petitioners dated 17.2.2025 in order to direct the 4“^ and respondent to safeguard their land in Sy No. 84- 13 to the extent of Ac. 0.24 cents situated in Syrigam Village, Jalumuru I Mandal, Srikakulam District as bad, arbitrary and violative of Arts. 14, 21 aad 3,00-A of the Constitution of India. ./ r : 1 OF 2025 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 to stop the illegal sketch of laying road connecting through the land of petitioners in Sy No. 84-13 to the extent of Ac. 0.24 cents situated in Syrigam Village, Jalumuru Mandal, Srikakulam District, in the interests of justice. Counsel for the Petitioners : Mrs. M. VIDYAVATHI Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME The Court made the following: ORDER APHC010193412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a [3329] r THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10365/2025 Between: ...PETITIONER(S) Majji @ Koona Chinnammadu and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.M VIDYAVATHl Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10365/2025 r ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “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 taking action on the representation of the petitioner’s dated 17.2.2025 in order to direct the 4rd and 5 respondents to safeguard their land in Sy.No.84-13 to the extent of Ac. 0.24 cents situated in Syrigam Village, Jalumuru Mandal, Srikakulam District as bad, arbitrary and violative of Arts 14, 21 and 300A of the Constitution of India and to pass such other order or orders....’’ th Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the land admeasuringto an extent of Ac.0.24 cents in Sy.No.84-13 situated at Syrigam Village, Jalumuru Mandal, Srikakulam District having acquired the same by way of registered will executed by their father on 19.06.2022. After demise of their father, the petitioners have been in peaceful possession and enjoyment of the subject property. Later, the petitioners herein started construction of a small shop in the subject land. While so, the local people are trying to lay a road through the petitioners’ land in orderJtp connect to the Rythu Barosa Kendram. For which. 3. the petitioners herein made a representation dated 17.02.2025 requesting the respondent authorities to protect their land. Even after receipt of the said representation, the respondents neither considered the same nor issued any proceedings. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents readily agreed to dispose of the representation dated 17.02.2025 submitted by the petitioners pending with the authorities, within a reasonable time. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representation dated 17.02.2025, this Court find no other alternative except to issue such direction. 5. P. Venkatesh 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 17.02.2025 submitted by the petitioners, after providing opportunity of hearing to all the parties concerned, 2004 (1) see 769 from the date of receipt of a copy of this period of two (02) months order. There shall be no order as to costs. within a if any, pending in the writ Miscellaneous Petitions Consequently petition shall stand closed Sd/-N. NAGAMWIA assistant registrar SECTION OFFICER //TRUE COPY// To, Mandal, Srikakulam District. Srikakulam District. 3. The Revenue 4. The Tahsildar, Jalumuru 5. The S.H.O., Jalumuru P.S. Srikakulam VIdyavathi, Advocate [OPUC) of Andhra Pradesh. [OUT] of Andhra Pradesh. [OUT] 6. One CC to Mrs. M 7. Two CCS to 8. Two CCS to 9. Three C.D. Copies. GP for Revenue, High Court GP for Home, High Court Cnr HIGH COURT DATED:24/04/2025 ORDER 5 0 9 MAY 2025 w WP.No.10365of2025 to. ^ . Current Section ^5g£€sPATCVt€^^ DISPOSING OF THE W.P. WITHOUT COSTS