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2025 DAILYLAW 56945 (AP)

BALAGA PRAKASH RAO v. The State of Andhra Pradesh,

WP/16745/2025 · 2025-12-03

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010335432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 16745/2025 Between: 1. BALAGA PRAKASH RAO, S/O B.BHEEMA RAO, AGED ABOUT 44 YEARS, OCC. BUSINESS, R/O 1-167 S.C STREET, BADAM VILLAGE,NANDIGAMA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, COLLECTOR OFFICE, SRIKAKULAM TOWN AND DISTRICT. 4. THE JOINT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM 5. THE REVENUE DIVISIONAL OFFICER, TEKKALI, SRIKAKULAM DISTRICT 6. THE TAHSILDHAR, TEKKALI MANDAL, SRIKAKULAM 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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 5th Respondent in taking the ROR Appeal under Section 5(5) of A. P. Rights in Land and Pattadar Passbook Act,1971 by issuing Notice Rc.No.544/2025/A1 dated 24.06.2025 and 28.06.2025 during pendency of Writ Petition No.30584 of 2023 covering the same issue between the parties including Respondent as arbitrary, illegal, unjust, violative of Articles 14, 19, 21, 300A of the Constitution of India, violative of the principles of natural justice, violative of provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (Act No.26 of 1971)and consequently direct the 5th respondent not to delete the name of the petitioner in all the revenue records 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 stay all further proceedings arising out of vide Notice Rc.No.544/2025/A1, dated 24.06.2025 & 28.06.2025 issued by the 5**^ Respondent with respect to land ad-measuring Ac.0.34 Cnts & Ac. 1.66 Cts pertaining to Survey Numbers 520-1 and 520-3 respectively of Raghunadhapuram Village, Tekkali Mandal, pending disposal of the present Writ Petition and pass IA NO: 2 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 may be pleased to vacate the interim order dated 04.07.2025 passed in WP.No.16745 of 2025 and to dismiss the writ petition and pass Counsel for the Petitioner: 1. PRAKASH BUDDARAPU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR GENERAL ADMINISTRATION The Court made the following: THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION No: 16745/2025 ORDER: 1. This Writ Petition is filed declaring the action of the 5th respondent in taking up the ROR appeal under Section 5(5) of the A.P. Rights in Land and Pattadar Passbook Act, 1971 by issuing notice Rc.No.544/2025/A1, dt.24.06.2025 & 28.06.2025. 2. While the Writ Petition is pending, the 5th respondent himself considered the ROR appeal and closed by an endorsement dated 15.07.2025. In view of the above circumstances, nothing survives in the Writ Petition. Accordingly, the Writ Petition is consigned to records. No costs. 3. However, the learned counsel for the petitioner submitted that the consequential action of restoring the petitioner’s name has not yet been taken up by the authorities. When the appeal itself has been closed, the authorities are supposed to take consequential action within a reasonable period of time. 4. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________ JUSTICE D.RAMESH Dt.04.12.2025 BV