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2026 DAILYLAW 27658 (AP)

GUDIVADA PRAKASA RAO v. THE STATE OF ANDHRA PRADESH

WP/36405/2025 · 2026-01-27

Ravi Cheemalapati

body2026

Judgment text

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APHC010704912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36405/2025 Between: 1. GUDIVADA PRAKASA RAO, , S/O. PAPAIAH, AGED ABOUT 72 YEARS, OCC RTED. EMPLOYEE, D.NO. 10-174-1, NGO'S COLONY, KAIKALUR VILLAGE AND MANDAL, KRISHNA DISTRICT-521333. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 3. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT-534001. 4. THE TAHSILDAR, KAIKALURU, ELURU DISTRICT-521333. 5. THE SUPERINTENDING ENGINEER SE, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT-520001. 6. THE EXECUTIVE ENGINEER, K.E. DIVISION, (NEAR PWD GROUNDS), VIJAYAWADA, KRISHNA DISTRICT-520001. 7. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, KAIKALURU, ELURU DISTRICT-521333. ...RESPONDENT(S): RC,J W.P No.36405 of 2025 2 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 a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.5 to 7 in not taking any action against the Endorsement vide. RC.No.257/2025 dated.23.10.2025 issued by the 4th Repondent for regularization for his land/house constructed in an extent of 186 Sq.yards in Sy.No.447/1 (assessment No.2727, D.No.13-147) and to an extent of 197 Sq.yards in Sy.No.447/1(assesment No.2928, D.No.13- 148) of Kaikaluru Village and Mandal, Eluru District in terms of G.O.Ms.No.30 Revenue(Lands-l) Department, dated.29.01.2025 upon receipt of prescribed penal charges as illegal, arbitrary, unconstitutional. against the principles of natural justice and consequently direct the Respondents to regularised the Petitioner land/house constructed in an extent of 186 Sq.yards in Sy.No.447/1 (assessment No.2727, D.No. 13-147) and to an extent of 197 Sq.yards in Sy.No.447/1(assesment No.2928, D.No.13-148) of Kaikaluru Village and Mandal, Eluru District and to pass IA 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 pleased to direct the Respondents to regularised the Petitioner land/house constructed in an extent of 186 Sq.yards in Sy.No.447/1 (assessment No.2727, D.No.13-147) and to an extent of 197 Sq.yards in Sy.No.447/1(assesment No.2928, D.No.13-148) of Kaikaluru Village and Mandal, Eluru District forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD RC,J W.P No.36405 of 2025 3 The Court made the following Order: Aggrieved by action of the respondent Nos.5 to 7 in not taking action against Endorsement in RC.No.257/2025 dated 23.10.2025 issued by the respondent No.4, for regularization of the subject land situated in Survey No.447/1 (assessment No.2727, D.No.13-147) to an extent of 186 square yards and in Survey No.447/1 (assessment No.2928, D.No.13-148) to an extent of 197 square yards of Kaikaluru Village and Mandal, Eluru District, by virtue of G.O.Ms.No.30 dated 29.01.2025, the petitioner is constrained to file the present writ petition. 2. Heard Mr. Shaik Meeravalli, learned counsel for the petitioner and Mr. Satyanarayana learned Assistant Government Pleader for Revenue, and Mr. Satish Kumar, learned Assistant Government Pleader for Irrigation. 3. While reiterating the contents of the affidavit, the learned counsel for the petitioner submitted that a representation has been made through Public Grievance Redressal System (PGRS) of Collectorate on 15.09.2025 requesting the authorities to regularize the subject lands invoking G.O.Ms.No.30 dated 29.01.2025. Thereafter, since the lands belong to the Irrigation Department, the Tahsildhar vide letter/endorsement dated 23.10.2025 requested the authorities of the Irrigation Department to submit a report regarding the regularization of the subject lands in favour of the petitioner. Despite lapse of considerable time, the respondent Nos.5 to 7 failed to process the petitioner’s representation. It would suffice for the time being, if RC,J W.P No.36405 of 2025 4 a direction is given to the respondent concerned to pass orders on the petitioner’s representation in a time bound manner. 4. On the other hand, the learned Assistant Government Pleader for Irrigation and Revenue collectively submitted that by virtue of the latest G.O.Ms.No.30 dated 29.01.2025, the petitioner is not eligible for regularization of the subject land. However, the concerned respondent authorities would pass orders on the petitioner’s representation and prayed to dispose of the writ petition. 5. Considered the submissions made and perused the material on record. 6. A representation was made by the petitioner through Public Grievance Redressal System of the respondent No.3-office on 15.09.2025 duly seeking the respondent authorities concerned to regularize the subject land in favor of the petitioner. Thereafter, it appears that the Tahsildhar after conducting enquiry having come to know that the subject land belong to Irrigation Department addressed an endorsement dated 23.10.2025 requesting the authorities of the Irrigation Department to submit a report regarding the regularization of the subject lands in favour of the petitioner and take action on the said representation. It appears that nothing turned thereafter. Hence, the present writ petition has been filed. RC,J W.P No.36405 of 2025 5 7. As the respondent authorities have an intention to pass orders on the petitioner’s representation, there is no purpose in keeping the writ petition pending and inviting counters. 8. Accordingly, the Writ Petition is disposed of, directing the respondents concerned to pass orders on the petitioner’s representation dated 15.09.2025, as expeditiously as possible, within a period of four (04) weeks from the date of receipt of copy of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date:28.01.2026 Ksj