Andhra Pradesh High Court - Amravati
Boya Venkateshwarlu, vs The State Of Andhra Pradesh, on 6 May, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMAF
(Special Original Jurisdiction) v/
TUESDAY. THE SIXTH DAY OF MAY v/
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11544 OF 2025
Between:
1. Boya Venkateshwarlu, S/o. Boya Giddaiah, aged 50 years, R/o. 18-1-2-
15B, Lakshmi Nagar, Near Bus Stand, Pattikonda Mandal, Pattikonda.
PO, Kurnool District, A.P.
2. Smt. Boya Lalitamma, D/o. Boya Anjinamma, W/o. Rangaiah, aged 60
years, R/o. H.No. 10, Ward No. 30,Hospet Road, Vinayaka Nagar,
Bellary, PO, Bellary Cantonment, Ballery Dist, Karnataka.
3. Boya Srinivasulu, S/o. Boya Giddaiah, aged 49 years,R/o. 18-1-2-15A,
Lakshmi Nagar, Near Bus Stand, Pattikonda Mandal, Pattikonda, PO,
Kurnool District, Andhra Pradesh. ^
4. Smt. Boya Tholas"^mma, D/o. Boya Anjinamma, aged 57 years, W/o.
Boya Venkataramudu, R/o. 18/1-3-10-2, Pattikonda, Kurnool District,
Andhra Pradesh.
5. Smt Boya LaxiVfTDevi, D/o. Boya Anjinamma, W/o. Boya Giddaiah,
aged 45 years, R/o. 18/1 A, Pattikonda Village. Pattikonda. Kurnool
District, A.P. vX'
...Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Rev'llue
Department, Secretariat, Velagapudi, Amaravathi.
2. The District Collector, Kurnool, Kurnc^District.
3. The District Revenue Divisional Officer, Kurnool DiVisfon, Kurnool
District.
4. The Revenue Divisional Officer, Pattikonda, Kurn^District.
5. The Tahsildar, Pattikonda, Kurnool District.
Boya Srinivasulu, S/o. Boya Chinna Giddaiah, R/o. Chinnahulthi Village
% Pattikonda, Kurnool District
M...
...Respondents
v/ 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 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^f 2024 dated 22.06^24, 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 consequ^tly direct the Resp^dent No.o'lierein to dispose Revision vide Rc.B.247'^f 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.
lA NO: 1 OF 202.*^ 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 3'" respond^t to put the petitioner's property admeasuring ^extent of Ac.No.1.79 cents in Sy.No.17o"and Ac.OA? Acres in Sy.No.171 of Chinnahulthi Village Pattikonda Taluk, Kurnool District in dispute register pending disposal of the Revision Petition vide Rc.B.24'/of 2024 dated 22.06.2024.
Counsel for the Petitioners: SRI M K VISWANATH NAIDU Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
s» ' ■« 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 BeLvveen:
Boya Venkateshwarlu, and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.M KVISWANATH 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 3^"^ 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 conseguently 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 th respondents furnished written instructions issued by the 5 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.Venkatesh^", 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 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.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To
1. The Principal Secretary, Rev^e Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi.
2. The District Collector, Kurno^tfKurnool District.
3. The District Revenue Divisional Officer, Kurnool Division, Kurnool District.
4. The Revenue Divisional Officer, Pattikonda, Kurnool District.
5. The Tahsildar, PattikoVTda, Kurnool District.
6. One CC to Sri M K ViswanabfNaidu, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Two CD Copies ^ RAM HIGH COURT DATED;06/05/2025 S' H MM 2(1?5 to.
^ . Curreni aijciion
ORDER %^fSPATCVVgs^
WP.No.11544 of 2025
DISPOSING OF THE WP
WITHOUT COSTS