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2025 DAILYLAW 9696 (AP)

KODIBOYINA BABJEE v. THE STATE OF ANDHRA PRADESH

WP/6584/2025 · 2025-08-18

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010107112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6584 OF 2Q2fi Between: Kodiboyina Babjee, S/o Tatabbai, Aged 48 years, Occ; Cultivation, R/o D.No.4-148, Old Dairy Farm, Sundarnagar, 3rd Lane, Visakhapatnam, Pin- 530004, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District, Anakapalli. 3. The Tahsildar, Payakaraopeta Mandal, Visakhapatnam District. to ...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 any Writ, Order or Direction more particularly nature of Writ of Mandamus, declare the inaction on the part of the respondents, particularly the 3rd respondent in considering the application of the petitioner dated 08.08.2024 for mutation of his and 1-B Adangal and other relevant records for issuance of Pattadar Passbook and Title Deed in his name in respect of the land property one in the name in revenue records admeasuring Ac.0.47 cents in Sy.No.70/2C and Ac.0.53 cents in Sy.No.70/2D situated at Namavaram Revenue Village, Payakaraopeta Visakhapatnam District despite the direction of this Hon'ble 09.05.2024 in WP.No.15108 of 2023 as bad, illegal improper, contrary to law and violative of Article 300-A of the Constitution of India and consequently direct the respondents to consider the application of the petitioner dated 08.08.2024. Mandal, Court dated arbitrary, unjust lA 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 direct the respondents to consider the application of the petitioner dated 08.08.2024 forthwith in respect of land admeasuring Ac.0.47 cents in Sy.No.70/2C and Ac.0.53 cents in Sy.No.70/2D situated at Namavaram Revenue Village, Payakaraopeta Mandal, Visakhapatnam District. Counsel for the Petitioner: SRI MAMIDI PRAKASH KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010107112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] ■ :-i: TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6584/2025 Between: 1.KODIBOYINA BABJEE, S/0 TATABBAI, AGED OCC CULTIVATION, R/0 D.NO.4-148, OLD DAIRY FARM, SUNDARNAGAR, 3RD LANE, VISAKHAPATNAM PIN-530004, ANDHRA PRADESH. YEARS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, ANAKAPALLI. 3.THE VISAKHAPATNAM DISTRICT. REVENUE MANUAL, PAYAKARAOPETA TAHSILDAR, ...RESPONDENT{S): 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 topleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declare the inaction on the part of the respondents respondent in considering the application of the petitioner dated 08.08.2024 for mutation of his name in revenue records and 1-B Adangal and other relevant records for issuance of Pattadar Passbook and Title Deed in his name in respect of the land property admeasuring Ac.0.47 cents in Sy.No.70/2C and Ac.0.53 cents in Sy.No.70/2D situated at Namavaram Revenue Village, Payakaraopeta Mandal, Visakhapatnam District despite the direction of this Hon'ble Court dated 09.05.2024 in WP.No.15108 of 2023 as bad, illegal, arbitrary, unjust, improper, contrary to law and violative of Article 300-A of the Constitution of India and consequently direct the respondents to consider the application of the petitioner dated 08.08.2024 and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the application of the petitioner dated 08.08.2024 forthwith in particularly the 3rd praying that in the 9 respect of land admeasuring Ac.0.47 cents in Sy.No.70/2C and Ac.0.53 cents in Sy.No.70/2D situated at Namavaram Revenue Village, Payakaraopeta Mandal, Visakhapatnam District and pass Counsel for the Petitioner: 1.MAMIDI PRAKASH KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.6584 of 2025 ORDER:- Pithily this writ petition is filed on the ground that application dated 08.08.2024 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the application, as such direction would suffice in the circumstances of the case. The Hon’ble Apex Court in The Government of India vs P. 2. Venkatesh held as follows: “...Dispose of the representation mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute...” This Court is not oblivious of the fact that a Court to authorities. 3. before directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a live" issue or whether it is with reference to a "dead" or "stale" issue. If it is with reference to a "dead" or "stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct (2019) 15 see 613 4 consideration or reconsideration. If the Court to tribunal deciding to direct "consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the court does not expressly say so, that would be the legal position and effect. 4. Disposal of proceedings by seemingly innocuous orders directing consideration of representation though result in quick or easy disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. 5. However, the respondents are directed that the petitioner’s application dated 08.08.2024 be considered by examining thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District, Anakapalli. 3. The Tahsildar, Payakaraopeta Mandal, Visakhapatnam District. 4. One CC to Sri Mamidi Prakash Kumar Advocate [OPUC] 5. Two CCs to GP for RevenOe, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED: 19/08/2025 ORDER WP NO. 6584 OF 2025 I n 1 SFP 2025 mj . Current Section DISPOSING OF THE W.P., WITHOUT COSTS