KATCHELLA BOMMA RAO v. THE STATE OF ANDHRA PRADESH
WP/5074/2025 · 2025-03-03
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8759 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8759 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010094362025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5074/2025 Between: Katchella Bomma Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. K SUBRAHMANYAM Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5074/2025
ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the 3rd and 4th respondents to give number to petitioner’s appeal filed before 3rd respondent on 24.10.2024 and to hear the same after giving notices to private parties by following due process of law and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner’s grandfather was in possession and enjoyment of the land admeasuring to an extent of Ac.24.69 cents in survey Nos.22, 23 and 26 under Inam Zamindari lands. After the demise of the petitioner’s grandfather, the petitioner, his father and brothers have been in possession and enjoyment of the said property. Later, petitioner’s father sold the land admeasuring to an extent of Ac.2.30 cents out of Ac.24.69 cents through a registered sale deed dated 05.09.1956 to one Matchala Chellayya and Katchalla Kondamma. Thereafter, the petitioner’s father died and at the time of death of the petitioner’s father, the petitioner and his brothers are minors. 3
4. Learned counsel for the petitioner further submits that the entire schedule lands have been occupied by the third parties. Without conducting any enquiry, the Mandal Revenue Officer/Tahsildar issued pattadar passbooks to some third parties. After attaining the majority, the petitioner has made an application to the respondent authority for cancellation of pattadar passbooks issued to the third parties. But the respondent authorities neither conducted any enquiry nor initiated any action. Aggrieved by the same, the petitioner preferred an appeal before the 3rd respondent on 24.10.2024 and the same is pending. Even after receipt of the appeal so far, the 3rd respondent office did not assign any number to the petitioner’s appeal.
Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents submits that the respondent authority will take steps to process the appeal as expeditiously as possible. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the 3rd respondent herein to receive the appeal and process the same as statutory appeal and dispose of the same, after providing opportunity of hearing to all the parties
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concerned in accordance with law, within a period of four(4) months from the date of receipt of copy of this Order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________
VENKATESWARLU NIMMAGADDA, J 03.03.2025 TTPPSS
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 5074 of 2025
03.03.2025 TTPPSS