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2025 DAILYLAW 8046 (AP)

MALA NAGARAU @ CHALAVADHI NAGARAJU v. The State of Andhra Pradesh,

WP/5468/2025 · 2025-03-05

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5468 OF 2025 Between: Mala Nagarau @ Chalavadhi Nagaraju, S/o. Shivamallappa, aged 46 years, Occ. Agriuciture, R/o. Chinna Hyata Village, Holagunda Mandal, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool District, at Kurnool. 3. The District Revenue Officer (DRO), Kurnool District, at Kurnool 4. The Tahsildar, Holagunda Mandal, at Holagunda, Kurnool District. 5. The Sub-Registrar, Alur Sub-Registrar Office, Alur Mandal, Kurnool District. 6. Boya Maremma, W/o. Late Sunkanna, Aged about 50 years, Occ. Agriculture, R/o. Kota Veedhi Street, Near Anjanaiah Swamy Temple, HolagundaVillage and Mandal, Kurnool District. ...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 impugned proceedings ^i^'t^c.B/1 51/2025, dated 22-01-2025 passed by the 4th respondent-Tahsildar, Greeting to restore the name of the 6th respondent in the Revenue ecords, in respect of the land in Sy.No.365CIC, admeasuring Ac. 1-52 I . '"^'ents, situated at Holagunda Village and Mandal, Kurnool District, as 'illegal, arbitrary, contrary to the Revenue records. Survey Reports, without jurisdiction, violation of fundamental rights guaranteed under Article 19(1)(g) and 300-A of the Constitution of India., and consequently, direct the 4th respondent-Tahsildar not to alter / restore the name of the 6th respondent in the Revenue records in respect of the land in Sy.No.365CIC, admeasuring Ac. 1-52 Cents, situated at Holagunda Village and Mandal, Kurnool District, pending disposal of Writ Petition, in the interest of justice. f. ( # \A 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 to suspend the operation of Proceedings No. Rc.B/151/2025, dated 22-01-2025 passed by the 4th respondent-Tahsildar, pending disposal of Writ Petition. lA 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 to direct the 5th respondent-Sub-Registrar not to entertain and register any document for transfer of land in Sy.No. 365CIC, admeasuring Ac. 1-52 Cents, situated at Holagunda village and Mandal, Kurnool District, pending disposal of Writ Petition. Counsel for the Petitioner: SRI. M RAMALINGESWARA REDDY Counsel for the Respondent Nos. 1 to 4 : GP FOR REVENUE ^' Counsel for the Respondent No.5: GP FOR REGISTRATION AND STAMPS The Court made the following order: 9 APHC010084542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5468/2025 Between: ...PETITIONER Mala Nagarau @ Chalavadhi Nagaraju AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M RAMALINGESWARA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5468/2025 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 impugned proceedings Rc.B/151/2025 dated 22.01.2025 passed by the 4 respondent-Tahsildar directing to restore the name of the 6 respondent in the Revenue records in respect of the land in Sy.No.365CIC admeasuring Ac.1-52 Cents situated at Holagunda Village and Mandal, Kurnool District as illegal, arbitrary, contrary to the Revenue records Survey Reports without jurisdiction violation of fundamental rights guaranteed th th under Article 19(1)(g) and 300-A of the Constitution of India and respondent-Tahsildar not to alter / th consequently direct the 4 restore the name of the 6"’ respondent in the Revenue records in respect of the land In Sy.No.365CIC admeasuring Ac.1-52 Cents situated at Holagunda Village and Mandal, Kurnool District pending disposal of Writ Petition in the interest of justice and to pass and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Though the petitioner made several allegations against the 3. respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondent to dispose of the ROR Appeal dated 01.02.2025 submitted by the petitioner to respondent Nos. 2 and 3 aggrieved by the impugned order issued by the respondents. Learned Government Pleader for Revenue readily agreed to dispose of 4. the Appeal preferred by the petitioner dated 01.02.2025 before respondent Nos. 2 and 3, pending with the authorities, within a reasonable time. In view of the submission of the learned Government Pleader for 5. 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. P.Venkatesh ”, 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 petitioner himself requested to issue a direction to dispose of the Appeal dated 01.02.2025, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the Appeal dated 01.02.2025 filed by the petitioner. after providing opportunity of hearing to both the parties, within a period of four (04) months from the date of receipt of a copy of this order. Till disposal of the said Appeal, Status quo obtaining as on today shall be maintained by all the parties in respect of the impugned proceedings dated 22.01.2025 issued by respondent No.4. There shall be no order as to costs. 2019 (8) SCALE 544 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool District, at Kurnool. 3. The District Revenue Officer (DRO), Kurnool District, at Kurnool 4. The Tahsildar, Holagunda Mandal, at Holagunda, Kurnool District. 5. The Sub-Registrar, Alur Sub-RegistrarOffice, Alur Mandal, Kurnool District. 6. One CC to Sri. M Ramalingeswara Reddy Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Registration and Stamps, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC \ HIGH COURT DATED:05/03/2025 /; 'j ORDER WP.No.5468 of 2025 X 13 MAR 2025 n O^ Current Section C9: DISPOSING OF THE WP WITHOUT COSTS