T Jaya Shankar Reddy Vs the State of Andhra Pradesh

T. Jaya Shankar Reddy, S/o. Nadipi Bayapu Reddy, Aged^about48 years, Hindu, Cultivation, R/o. C.Vengannapalli Village, PutIuru Mandal, Anantapuramu District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary to Government Revenue Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur Dist.

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The District Collector, Anantapuramu, Anantapuramu Dist.

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Revenue Divisional Officer, O/o Revenue Divisional Officer Anantapuramu.

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The Tahasildar, PutIuru Mandal, PutIuru , Anantapuramu^District.

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The Mandal Revenue Inspector, PutIuru Mandal, PutIuru, Anantapuramu Dist.

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Sri T.Venkata Reddy, S/o. Nadipi Bayapu Reddy, aged 46 years, C.Vengannapalle, PutIuru Mandal, Anantapuramu District.

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—»• r\if-vi-* —

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...Respondents

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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 order or direction more particularly in the nature of Writ of Mandamus a. declaring the action of the 4'^ respondent in carrying out mutation of entries in record of rights/ revenue records by deleting the name of mine/ the petitioner in record of rights under A.P.Rights in Land and Pattadar Pass Books Act, 1971 as against Sy No 366 of Komatikuntia(polam) village Putiuru Mandal in respect of an extent of land of Ac. 1.99 cents said to have fallen to my share by Partition Deed and recording an extent of Ac 3.98 cents as against Sy.No.366 of Komatikuntia Village including my share of land in the name of 6th respondent and issuing pattadar pass book as illegal and arbitrary ini violation of Art 14.of the Constitution Of India and stultification of statutory provisions U/s 5(3) of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and in violation of principles of natural justice^and consequently set aside the said mutation proceedings in the name of 6th respondent as respects the parcel of land admeasuring an extent of Ac.3.98 cents as against Sy.No.366 of Komatikuntia village (Polam) and issuance of pattadar pass book and direct the 4‘^ respondent to carry out mutation the name of mine in regard to an extent of Ac. 1.99 cents as against Sy.No.366, Komatikuntia village (Polam) and pass such other order or orders as this Honourable Court may deem fit and proper, b. In alternative issue a direction to 3rd respondent/ the Revenue Divisional Officer to dispose of the appeal in Rc.No.253/2021/D2(B) dt.01-5-2021 pending before Revenue Divisional Officer, Anantapuramu.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the

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direct the 3^" respondent/ Revenue

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High Court may be pleased to in Rc.No.253/2021/D2(B) dt.01-

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Divisional Officer to dispose of the appeal in 5-2021, pending disposal of main WP

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.KODANDARAMIREDDY Counsel for the Petitioner; SRI D

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counsel for the Respondent Nos. 1 to 5; GP FOR REVENUE

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The Court made the following order:

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i

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APHC010063372025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI m (Special Original Jurisdiction)

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[3329]

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MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3344/2025

Between:

T Jaya Shankar Reddy

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.D KODANDARAMl REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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T»*

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3344/2025

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ORDER:

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The present writ petition is filed under Article 226^{oftheConstitutionof} India seeking following relief;

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“to issue an order or direction more particularly in^thenature of WRIT OF MANDAMUS a declaring the action of the 4^^ respondent in carrying out mutation of entries in record^ofrights/ revenue records by deleting the name of mine/ the petitionerⁱⁿ record of rights under A..P Rights in Land and Pattadar^Pass Books Act, 1971 as against SyNo.366 of Komatikuntlapolam village, Putiuru Mandal in respect of an extent of^{landofAc.1.99} cents said to have fallen to my share by Partition^Deedand recording an extent of Ac. 3.98 cents as against Sy.No.366 of Komatikuntia Village including my share of land In^thenameof 6‘^ respondent and issuing pattadar pass book as illegal^and arbitrary in violation of Art 14 of the Constitution^OfIndiaand stultification of statutory provisions U/s 5(3) of^A. .P Rights in Land and Pattadar Pass Books Act, 1971 and in violation of principles of natural justice and consequently set^asidethesaid mutation proceedings In the name of 6‘^ respondent^asrespects the parcel of land admeasuring an extent of Ac. 3.98^centsas against Sy.No.366 of Komatikuntia village (Polam) and^issuance of pattadar pass book and direct the 4'^ respondent^tocarryout mutation the name of mine in regard to an extent of^Ac.1.99 cents as against Sy.No.366, Komatikuntia village (Polam)^and pass such other order or orders as this Honourable^Courtmay deem fit and proper (b) In alternative issue a direction to 3'"^ respondent/ the Revenue Divisional Officer to dispose of the

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appeal in Rc.No.253/2021/D2(B) dt.06.01.2021 pending before Revenue Divisional Officer Anantapuramu and pass such other order or orders....

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Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that it will be suffice if a more particularly, respondent direction is given to respondent authorities herein to consider and dispose of the Appeal preferred by the^{petitionervide} Rc.No.253/2021/D2(B) dt.06.01.2021 seeking to take necessary action against the respondents in wrongfully deleting the^{entriesstanding} in the name of the petitioner in respect of Khata No.535 (now^{KhataNo.600)of} Komatikuntal Village, Putiuru Mandal and changing the^entriesinROR

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Learned Government Pleader appearing for the respondents would submit that the appeal filed by the petitioner vide^{Rc.No.253/2021/D2(B)} dt.06.01.2021 would be considered by the respondent authorities, in accordance with law, within a reasonable time.

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In view of the submission made by the learned Government Pleader for Revenue this Court need not decide the truth or otherwise of^{theallegations} made in the petition. This Court is conscious that^{nosuchdirectionbeissued.} it The Government of India v. in view of the judgment of the Apex Court in 1tJ P.Venkatesh , wherein the Apex Court held that such orders may^makefora quick or easy disposal of cases in overburdened adjudicatory institutions. But,

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2019(8) SCALE 544

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they do not serve to the cause of justice. As the learned^counsel for the petitioner himself requested to issue a direction to^{disposeoftheappealdated} 06.01.2021, this Court find no other alternative except^{toissuesuchdirection.}

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Accordingly, the present Writ Petition is disposed^{of,withadirectionto} the respondent authorities, more particularly, 3 rd respondent herein to consider and dispose of the Appeal preferred by the petitioner vide Rc.No.253/2021/D2(B) dt.06.01.2021 and to pass appropriate orders, in accordance with law, after providing opportunity of^{hearingtoboththeparties,} within a period of three (03) months from the date^{ofreceiptofacopyofthis} order. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ

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petition shall stand closed.

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Sd/- B. CHITTI JOSEPH ASSISTANT REGI^RAR

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//TRUE COPY//

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SECTION OFFICER

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To