Andhra Pradesh High Court - Amravati
Boya Venkateshwarlu, vs The State Of Andhra Pradesh, on 6 May, 2025
APHC010223472025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11544/2025
Between:
Boya Venkateshwarlu, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. M K VISWANATH NAIDU
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following:
2
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11544/2025
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 declaring that the inaction of the 3rd respondent i.e., the District Revenue Divisional Officer, Kurnool in disposing or fixing the date of hearing of the Revision Petition filed by the petitioners challenging the illegal mutation of revenue records by the Respondent No.5 vide Rc.B.247 of 2024 dated 22.06.2024 pertaining to the subject lands admeasuring an extent of Ac.1.79 cents in Sy.No.170 and Ac.0.47 Acres in Sy.No.171 of Chinnahulthi Village, Pattikonda Taluk, Kurnool District land in favour of Respondent No.6 as illegal, arbitrary, unconstitutional and being violative of Articles 14, 21 and 300-A of the constitution of India and in contravention to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the Respondent No.3 herein to dispose Revision vide Rc.B.247 of 2024 dated 22.06.2024 filed by the petitioners in time bound manner and to hold further mutations on the said aforesaid lands by keeping the same under dispute register and pass such other order."
2. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, to issue a direction to the respondents to dispose of the ROR appeal dated 05.03.2024 filed by the petitioner.
3. Learned Assistant Government Pleader for the respondents furnished written instructions issued by the 5th respondent dated 01.05.2025, wherein it is stated as follows: 3
"Further I submit that one Smt. Boya Anjinamma, W/o.Boya Pedda Giddayya has filed appeal petition before the then Revenue Divisional Officer, Pattikonda for the lands in Sy.NOs.170 & 171 of Chinnahulthi Village of Pattikonda Mandal. In turn, the then Revenue Divisional Officer, Pattikonda has issued notices to the both parties vide Rc.B247/2024 dated 22.06.2024 for conduct of ROR enquiry. The same ROR case has been transferred to the District Revenue Officer, Kurnool under Sub Section 5 in Act NO.15 of 2022 of Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971. At present the ROR case is pending with District Revenue Officer, Kurnool."
4. In view of the submission of the learned Assistant Government Pleader for 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.Venkatesh1", 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 petitioners himself requested to issue a direction to dispose of ROR appeal dated 05.03.2024, this Court find no other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the ROR appeal dated 1 2019 (8) SCALE 544 4 05.03.2024 filed by the petitioners, after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
________________________________ VENKATESWARLU NIMMAGADDA, J 06.05.2025 Note: C.C. by one week B/o.TPS 5 72 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11544 of 2025 06.05.2025 Note: C.C. by one week B/o.TPS 6