DERANGULA CHINNAKKA v. THE STATE OF ANDHRA PRADESH
WP/3193/2025 · 2025-02-07
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6134 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6134 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^^ (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3193 OF 2025 Between: Derangu"l^ Chinnakka W/o. Late D. Muneppa, Aged 65 Years, Occ: Cultivation, Resident of Rampalli Village, Bheemaganipalli Post Punganur Mandal, Chittoor District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. A.P.
2. The Revenue Divisional Officer, O/o. The Revenue Divisional Office, '^Palamaner, Chittoor District-517408. 3. The Tahsildar, O/o. Mandal Revenue Office, Punganuru, Punganuru Post, Town & Mandal Chittoor District-517247,
4. M. Kamal @ Doraswamy Reddy, , S/o. M. Muni Reddy Aged about 65 Years, Occ: Cultivation, R/o. Backside of ZP Travelers Bungalow, Kothapeta, Punganur Town & Mandal, Chittoor District-517247. (Cell No.9490182379) ...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 orders, direction more particularly one in the nature of Writ of Mandamus declaring the in action of the 2 respondent for not disposing of the petitioner's Stay Petition (Misc. Application No. of 2024) or the petitioner's Rev. Appeal No.RORB/1930 of 2024 filed under Section 5(a) and Section 5(b) of A.P. Rights in Land and Pattadar Pass Books Act, 1971 before the 2"^^ respondent against the nd
respondents Nos.3 & 4 on 29.08.2024 is illegal, arbitrary and unconstitutional and consequently direct the 2ND respondent to dispose of / the petitioner's Stay Petition (Misc. Application No. of 2024) or the
" petitioner's Rev. Appeal No.RORB/1930 of 2024. lA NO: 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 suspend the operation of the revenue records of the respondent No.4 relating to Khata No.308 of an extent of Ac.0.50 cents out of Ac.3.96^cents in Sy.No.378/1 situated at BheemaganipaHT Village and Revenue Accounts, Punganur Mandal, Chittoor District, pending disposal of the appeal before the 2"'^ respondent.
Counsel for the Petitioner : SRI RAJENDRA BUSSA Counsel for the Respondent Nos.1 to 3 : SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE L/ Counsel for the Respondent No.4 : NONE APEPARED The Court at the stage of admission made the following: ORDER
I w 1 APHC010056162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3193/2025 Between:
1.DERANGULA CHINNAKKA, W/0. LATE D. MUNEPPA, AGED 65 YEARS, OCC CULTIVATION, RESIDENT OF RAMPALLI VILLAGE, BHEEMAGANIPALLI POST DISTRICT. PUNGANUR MANDAL, CHITTOOR ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, A.P SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. A.P. 2.THE REVENUE DIVISIONAL OFFICER, 0/0. THE REVENUE DIVISIONAL OFFICE, PALAMANER, CHITTOOR DISTRICT-517408. 3.THE TAHSILDAR, 0/0. MANDAL REVENUE OFFICE, PUNGANURU, PUNGANURU POST, TOWN AND MANDAL CHITTOOR DISTRICT-
517247. 4.M KAMAL @ DORASWAMY REDDY, , S/0. M. MUNI REDDY AGED ABOUT 65 YEARS, OCC CULTIVATION, R/0. BACKSIDE OF ZP TRAVELERS BUNGALOW, KOTHAPETA, PUNGANUR TOWN AND MANDAL, CHITTOOR DISTRICT-517247. (CELL NO.9490182379) ...RESPONDENT(S): Counsel for the Petitioner:
2 1.RAJENDRABUSSA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
ORAL ORDER: Heard Sri Rajendra Bussa, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 3. 2.
Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Stay Petition filed by her dated 29.08.2024 (Ex.P.1). It is the submission of the
learned Counsel for the Writ Petitioner that the Writ Petitioner has filed an Appeal challenging the mutation entries. It is the submission of the learned Counsel for the Writ Petitioner that the Appeal filed by the Writ Petitioner is numbered as Rev.Appeal No.RCR.B/1930/2024 (Ex. P.2). It is submitted that the Writ Petitioner has also filed a Stay Application along with the Appeal. The said Stay Application has not been numbered so far. Having been aggrieved of the non-consideration of the Stay Application filed by the Writ Petitioner, before the Revenue Divisional Cfficer (Respondent No.2), the present Writ Petition has been filed.
3. Having considered the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Revenue Divisional Cfficer, Palamaner (Respondent No.2) to number the Stay Application filed by the Writ Petitioner dated 29.08.2024 (Ex.P.1) within a period of two weeks from today. After numbering the Stay Application, there shall be a further direction to the Respondent No.2 to consider the Stay Application and dispose of the same within a period of six weeks thereafter, by passing a Speaking Crder in accordance with law and communicate a copy of such Crder to all the interested parties.
3 Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice not only to the Writ Petitioner and the Unofficial Respondent No.4 herein but also any other interested parties, consider their
submissions/objections and documents, if any, before passing the final order.
4. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Stay Application and the Appeal (mentioned supra) to Respondent No.2 within one week from today, for effective compliance.
5. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
6. Interlocutory Applications, if any, stand closed in terms of this order.
7.
3D/- M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. A.P.
2. ]>e Revenue Divisional Officer, O/o. The Revenue Divisional Office ^alamaner, Chittoor District-517408.
3. The Tahsildar, O/o. Mandal Revenue Office, Punganuru, Punganuru Post, Town & Mandal Chittoor District-517247.^
4. One CC to Sri Rajendra Buss^Advocate [OPUC]
5. Two CCs to GP for RevenudfHigh Court of Andhra Pradesh. [OUT]
6. Three C.D. Copies. Cnr
T HIGH COURT DATED:07/02/2025
ORDER WP.No.3193 of 2025 o 18 FEB 2023 VO . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS