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2025 DAILYLAW 7067 (AP)

BANGARU VARADHARAJAN v. THE STATE OF AP

WP/3733/2025 · 2025-02-13

Gannamaneni Ramakrishna Prasad

Transfer Petitionbody2025

Judgment text

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I ^ * IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY | TWO THOUSAND AND TWENTY FIVE \ ijOURr PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3733 OF 2025 Between: Bangaru Varadharajan, s/o Srinivasa Chary aged about 62 Years, R/o D.No.3- 500, Saheb Nagar, Near Masjeed, Vanasthalipuram Hyderabad rep., by his G.P.A Holder, Sajja Subramanyam Naidu S/o Subbulu Naidu, Aged about 63 Years, R/o H.No. 12-6-2/230, Veivekananda Nagar, Kukatpally, Hyderabad Flat No.510, Venkata Pushpa Towers, ...PETITIONER AND 1. The State of AP, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Joint Collector/Settlement Officer, Tirupati District, Tirupati. 4. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati. 5. The Tahsildar, Tirupati Urban Mandal, Tirupati, Tirupati 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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in particular, the 3rd Respondent, in not considering the application dated 24-05-2023, 11-10-2024 and 03-12-2024 made by the petitioner for granting Rythwari Patta under the provisions of the Estate Abolition Act, and the benefits in accordance with G.O.Ms.No.173 Revenue (EA & AR) Department dated 15-02- 2019 for the lands in Sy.No.426,428.429, 430.469,470, 471,472. 473,474 and 475 to an extent of Ac..78.96 Cts in Settipalli Village Accounts. Chandragiri Taluq Inamathi No.23, Tirupati District as arbitrary, illegal, in violation of Article 14, and 300A of the Constitution of India and also contrary to the provisions of the Estate Abolition Act, and consequently direct the Respondents to consider the application dated 24-05-2023. 11-10-2024 and 3-12-2024 made by the petitioner for granting Rythwari Patta under the provisions of the Estate Abolition Act, and the benefits in accordance with G.O.Ms.No.173 Revenue (EA & AR) Department dated 15-02-2019 Sy.No.426.428.429, 430,469,470. 471,472, 473.474 and 475 to for the lands in an extent of Ac.78.96 Cts in Settipalli Village Accounts, Chandragiri Taluq Inamathi No.23, Tirupati District. 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 to consider the application dated 24-05-2023. 11-10-2024 and 03-12-2024 made by the petitioner for granting Rythwari Patta under the provisions of the Estate Abolition Act, for the lards in Sy.No.426, 428, 429, 430, 469, 470, 471 472, 473,474 and 475 to an extent of Ac.78.96 Cts in Settipalli Village Accounts, Chandragiri Taluq Inamathi No.23, Tirupati District, and pass appropriate orders pending disposal of the above writ petition. lA NO: 2 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 not to regularize the agricultural lands in Sy.No.426, 428, 429, 430,469,470, 471,472, 473,474 and 475 to an extent of Ac.78.96 Cts in Settipalli Village Accounts, Chandragiri Taluq Inamathi No.23, Tirupati District, till a decision is taken on the application of the petitioner and pass appropriate orders pending disposal of the above writ petition. Counsel for the Petitioner: SRI SUBBA RAO KORRAPATI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010069312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY. THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3733/2025 Between: 1.BANGARU VARADHARAJAN, S/0 SRINIVASA CHARY ABOUT 62 YEARS. R/0 D.NO.3-500 MASJEED. VANASTHALIPURAM HYDERABAD REP.. BY HIS G.P.A HOLDER. SAJJA SUBRAMANYAM NAIDU S/0 SUBBULU NAIDU. AGED ABOUT 63 YEARS. R/0 H.NO. 12-6-2/230 VENKATA PUSHPA TOWERS KUKATPALLY. HYDERABAD AGED SAHEB NAGAR. NEAR FLAT NO.510. VEIVEKANANDA NAGAR. ...PETITIONER AND 1.THE STATE OF AP. REP.. BY ITS REVENUE PRINCIPAL SECRETARY. SECRETARIAT. VELAGAPUDI. AMARAVATI CAPITAL CITY. GUNTUR DISTRICT. DEPARTMENT. 2.THE DISTRICT COLLECTOR. TIRUPATI DISTRICT, TIRUPATI. 3.THE JOINT COLLECTOR/SETTLEMENT OFFICER DISTRICT, TIRUPATI. 4.THE REVENUE DIVISIONAL OFFICER DIVISION, TIRUPATI. 5.THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATI TIRUPATI DISTRICT TIRUPATI TIRUPATI REVENUE ...RESPONDENT{S): 2 Counsel for the Petitioner: 1.SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1.GP FOR REVENUE \ 3 The Court made the following ORAL ORDER: Heard Sri Subba Rao Korrapati, learned Counsel for the Writ Petitioner and Sri K.Arjun Chowdary, learned Assistant Government Pleader. Learned Counsel for the Writ Petitioner has submitted that the Writ 2. Petitioner has made an Application on 25.04.2023 (Ex.P.4) for granting of Ryothuwari Patta under the Provisions of Estate Abolition Act. As there was no response from the Official Respondents to his Application dated 25.04.2023, the Writ Petitioner has submitted two Representation s dated 11.10.2024 (EX.P5) and 03.12.2024 (Ex.P6). 3. Learned Counsel for the Writ Petitioner would submit that despite the Application on 25.04.2023 and the two Representations on 11.10.2024 and 03.12.2024, there is no response from the Official Respondents which compelled the Writ Petitioner to approach this Court by filing the present Writ 1 ) Petition. 4. Learned Assistant Government Pleader would submit that the Settlement Officer does not have any jurisdiction to entertain such Application beyond the cutoff date. 5. Having regard to the facts and circumstances in this case, this Court deems it appropriate to dispose of the Writ Petition, at the stage of admission. without going into merit, directing the Joint Collector/Settleme nt Officer Tirupathi, Tirupathi District (Respondent No.3) to consider the Application submitted by the Writ Petitioner on 25.04.2023 and the two Representations (mentioned supra) and pass a Speaking order in accordance with law within a i 4 period of ten (10) weeks from today and communicate such Order to the Writ Petitioner forthwith. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner herein, consider their I submissions/objections and documents, if any, before passing the final order. The Writ Petitioner is directed to submit the copy of this Order to Respondent No.3 along with Xerox copies of the Application and Representations (Ex.P.4 to Ex.P.6) within one week from today, for effective 6. 7. compliance. With these observations and directions, this Writ Petition stands 8. disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in te/ms of this order. 9. Sd/- SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER 3E To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravati Capital City, Guntur District. The District Collector, Tirupati District, Tirupati. The Joint Collector/Settlement Officer, Tirupati District, Tirupati. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati. The Tahsildar, Tirupati Urban Mandal, Tirupati, Tirupati District One CC to Sri Subba Rao Korrapati Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. TF w HIGH COURT DATED:13/02/2025 ORDER WP.No.3733 of 2025 * 0 3 MAR 2025 „ ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS