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2025 DAILYLAW 6703 (AP)

T JAYA SHANKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/3344/2025 · 2025-03-03

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3344 OF 2025 Between; T. Jaya Shankar Reddy, S/o. Nadipi Bayapu Reddy, Aged about 48 years, Hindu, Cultivation, R/o. C.Vengannapalli Village, PutIuru Mandal, Anantapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government Revenue Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur Dist. 2. The District Collector, Anantapuramu, Anantapuramu Dist. Revenue Divisional Officer, O/o Revenue Divisional Officer Anantapuramu. 3. 4. The Tahasildar, PutIuru Mandal, PutIuru , Anantapuramu District. The Mandal Revenue Inspector, PutIuru Mandal, PutIuru, Anantapuramu Dist. 5. 6. Sri T.Venkata Reddy, S/o. Nadipi Bayapu Reddy, aged 46 years, C.Vengannapalle, PutIuru Mandal, Anantapuramu District. —»• r\i- f-vi-* — ...Respondents Petition under Article 226 of the Constitution of India that in the circumstances stated Court may be pleased to issue is filed praying in the affidavit filed therewith, the High an order or direction more particularly in the nature of Writ of Mandamus a. declaring the action of the 4'^ respondent in carrying out mutation of entries in record of rights/ revenue records by deleting the name of mine/ the petitioner in record of rights under A.P.Rights in Land and Pattadar Pass Books Act, 1971 as against Sy No 366 of Komatikuntia(polam) village Putiuru Mandal in respect of an extent of land of Ac. 1.99 cents said to have fallen to my share by Partition Deed and recording an extent of Ac 3.98 Komatikuntia Village including my share of land in the cents as against Sy.No.366 of name of 6th respondent and issuing pattadar pass book as illegal and arbitrary i violation of Art 14.of the Constitution Of India and stultification in of statutory provisions U/s 5(3) of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and in violation of principles of natural justice and consequently set aside the said mutation proceedings in the name of 6th respondent respects the parcel of land admeasuring an extent of Ac.3.98 cents as against Sy.No.366 of Komatikuntia village (Polam) and issuance of pattadar pass book and direct the 4‘^ respondent to carry out mutation the as name of mine in regard to an extent of Ac. 1.99 cents as against Sy.No.366, Komatikuntia village (Polam) and pass such other order or orders as this Honourable Court may deem fit and proper, b. In alternative issue a direction to 3rd respondent/ the Revenue Divisional Officer to dispose of the appeal in Rc.No.253/2021/D2(B) dt.01-5-2021 pending before Revenue Divisional Officer, Anantapuramu. 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 writ petition, the direct the 3^" respondent/ Revenue in Rc.No.253/2021/D2(B) dt.01- High Court may be pleased to Divisional Officer to dispose of the appeal in 5-2021, pending disposal of main WP .KODANDARAMIREDDY Counsel for the Petitioner; SRI D counsel for the Respondent Nos. 1 to 5; GP FOR REVENUE The Court made the following order: i APHC010063372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3344/2025 Between: ...PETITIONER T Jaya Shankar Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.D KODANDARAMl REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: T»* THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3344/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue an order or direction more particularly in the nature of WRIT OF MANDAMUS a declaring the action of the 4^^ respondent in carrying out mutation of entries in record of rights/ revenue records by deleting the name of mine/ the petitioner in record of rights under A..P Rights in Land and Pattadar Pass Books Act, 1971 as against SyNo.366 of Komatikuntlapolam village, Putiuru Mandal in respect of an extent of land of Ac. 1.99 cents said to have fallen to my share by Partition Deed and recording an extent of Ac. 3.98 cents as against Sy.No.366 of Komatikuntia Village including my share of land In the name of 6‘^ respondent and issuing pattadar pass book as illegal and arbitrary in violation of Art 14 of the Constitution Of India and stultification of statutory provisions U/s 5(3) of A. .P Rights in Land and Pattadar Pass Books Act, 1971 and in violation of principles of natural justice and consequently set aside the said mutation proceedings In the name of 6‘^ respondent as respects the parcel of land admeasuring an extent of Ac. 3.98 cents as against Sy.No.366 of Komatikuntia village (Polam) and issuance of pattadar pass book and direct the 4'^ respondent to carry out mutation the name of mine in regard to an extent of Ac. 1.99 cents as against Sy.No.366, Komatikuntia village (Polam) and pass such other order or orders as this Honourable Court may deem fit and proper (b) In alternative issue a direction to 3'"^ respondent/ the Revenue Divisional Officer to dispose of the appeal in Rc.No.253/2021/D2(B) dt.06.01.2021 pending before Divisional Officer Anantapuramu and pass such other Revenue order or orders.... counsel for the petitioner and learned Government Heard learned 2. Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that it will be suffice if a particularly, respondent direction is given to respondent authorities consider and dispose of the Appeal preferred by the petitioner vide more herein to Rc.No.253/2021/D2(B) dt.06.01.2021 seeking to take necessary action against the respondents in wrongfully deleting the entries standing in the name of the petitioner in respect of Khata No.535 (now Khata No.600) of Komatikuntal Village, Putiuru Mandal and changing the entries in ROR Government Pleader appearing for the respondents would submit that the appeal filed by the petitioner vide Rc.No.253/2021/D2(B) would be considered by the respondent authorities, accordance with law, within a reasonable time. 4. Learned in dt.06.01.2021 of the submission made by the learned Government Pleader for this Court need not decide the truth or otherwise of the allegations 5. In view Revenue made in the petition. This Court is conscious that no such direction be issued. The Government of India v. in view of the judgment of the Apex Court in , wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, it 1tJ P.Venkatesh 2019(8) SCALE 544 they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the appeal dated 06.01.2021, this Court find no other alternative except to issue such direction. Accordingly, the present Writ Petition is disposed of, with a direction to respondent herein to 6. rd the respondent authorities, more particularly, 3 consider and dispose of the Appeal preferred by the petitioner vide Rc.No.253/2021/D2(B) dt.06.01.2021 and to pass appropriate orders, in accordance with law, after providing opportunity of hearing to both the parties, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. any, pending in the writ Consequently, Miscellaneous Petitions, if petition shall stand closed. Sd/- B. CHITTI JOSEPH ASSISTANT REGI^RAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government Revenue Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The District Collector, Anantapuramu, Anantapuramu Dist. 3. Revenue Divisional Officer, O/o Revenue Divisional Officer, Anantapuramu. 4. The Tahasildar, Putiuru Mandal, Putiuru , Anantapuramu District. 5. The Mandal Revenue Inspector, Putiuru Mandal, Putiuru, Anantapuramu Dist. 6. One CC to Sri. D Kodandarami Reddy Advocate [OPUC] 7. TwoCCsto GP for Revenue ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:03/03/2025 ORDER WP.No.3344 of 2025 g 0 MPR 2025 nf Current iieciion ^^8^iSPATCH€Pj!^ DISPOSING OF THE WP WITHOUTCOSTS