Andhra Pradesh High Court

WP/31227/2024 of SHAIK MOHAMMED RAFIQ Vs THE STATE OF AP on 31 December 2024

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER [o TWO THOUSAND AND TWENTY FOUR ' -o' SI 7) PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31227 OF 2024 Between: Shaik Mohammed Rafiq, S/o. Shaik Gouse

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)TUESDAY, THE THIRTY FIRST DAY OF DECEMBER [oTWO THOUSAND AND TWENTY FOUR'PRESENTTHE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31227 OF 2024

-o'SI7)'

Between:

Shaik Mohammed Rafiq, S/o. Shaik Gouse Moiden, Age 40 years,R/o.D.NO.30-64-A, Alimbad Street, Rayachoti Town, Annamayya[District.]

...PETITIONER

AND

1. The State of A.P., represented by its Principal Secretary, RevenueDepartment, Secretariat Buildings, Velagapudi, Guntur,[Guntur][ District.]Department, Secretariat Buildings, Velagapudi, Guntur,[Guntur][ District.]

2. The District Collector, Annamayya District, Rayachoti.

3. The Revenue Divisional Officer/Sub-Collector, Rayachoti[Revenue]Division, Rayachoti, Annamayya District.Division, Rayachoti, Annamayya District.

4. The Tahsildar, Sambepalle Mandal, Annamayya District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ, order or direction more particularly onein thenature of writ of Mandamus declaring the inaction on the part of the 4threspondentinactingupontheForm-6Aapplicationbearingno.RMU0122084419465 submitted by the petitioner on 03-03-2022., as illegal,arbitrary and unconstitutional and consequently direct the 4th respondenttoconsidertheForm-6Aapplicationsubmittedbythepetitioneron03-03-2024., and pass orders in accordance with law.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the4**^ respondent to consider the Form-6A applicationbearingno.RMU0122084419465submittedbythepetitioneron03-03-2022.

Counsel for the Petitioner: SRI G. VENKATA REDDY

Counsel for the Respondent Nos.1 to 4: GP FOR REVENUEThe Court made the following: ORDER

APHC010597142024

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3329](Special Original Jurisdiction)

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31227/2024

Between:

Shaik Mohammed Rafiq and Others

...PETITIONER(S)

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1.G VENKATA REDDY

Counsel for the Respondent(S):

1.GP FOR REVENUE

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31227/2024

The Court made the following:

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ORDER:

The Instant Writ Petition under Article 226 of the[Constitution][ of]India is filed by the Petitioner for the following[relief;]

“..to issue a writ order or direction more particularly[in][ the][ nature][ of]writof Mandamus declaringtheinaction onthepartofthe4RespondentinactingupontheForm-6AapplicationbearingNo.RMUOt22084419465 submitted by the Petitioner on[03.03.2022,]as illegal, arbitrary and unconstitutional and consequently[direct][ the]4’^ Respondent to consider the Form-6A application[submitted][ by][ the]Petitioner on 03.03.2022 and pass..."

2. Thoughthepetitioner madeseveralallegationsagainsttherespondents, during hearing, learned counsel for the[petitioner][ requested]this Court, without touching the merits of the case,[to][ issue][ a][ direction][ to]the respondents to dispose of the representation dated[03.03.2022][ of][ the]Petitioner.

3. LearnedGovernmentPleaderforRevenuerepresentingRespondents readily agreedto dispose of the representationofthepetitioner dated 03.03.2022, if any pending with the[authorities.]

4. In viewof the submission of the learned Assistant GovernmentPleader for Revenuethis Court need not decide the truth or otherwise of

the allegations made in the petition. This CourtiIS conscious that no suchdirection be issued,inview of the judgment of the Apex Court in “TheGovernment of IndiaV. P.Venkatesh*”, wherein the Apex Court heldthat suchordersmay make for a quick or easy disposal of casesioverburdened adjudicatory institutions.[n]But, they do no serviceto thecauseof justice.Asthelearnedcounselforthepetitionerhimselfrequested to issue a direction to dispose of therepresentationdated03.03.2022,I find no other alternativeexcept to issue such direction.

5. Intheresult,thewritpetitionisdisposedof,directingtherespondents to dispose of therepresentation dated 03.03.2022 of thePetitionerin accordance withlaw,if necessaryissuenoticetothestakeholdersif any including the Petitioner withinthe period of two (02)months from the date of receipt of a copy of this order. No costs.petitionisdisposedof,directingtherespondents to dispose of therepresentation dated 03.03.2022 of thePetitionerin accordance withlaw,if necessaryissuenoticetothestakeholdersif any including the Petitioner withinthe period of two (02)months from the date of receipt of a copy of this order. No costs.

Consequently, interlocutory applications pendingif any, shall also stand closed.

2019 (8) SCALE 544

Sd/- M. SRINIVASASSISTANT REGISTRAR

//TRUE COPY//

SEQTJ;OFFICER

To,

1. The Principal Secretary, Revenue Department, State of A.P.,Secretariat Buildings, Velagapudi, Guntur, Guntur District.Secretariat Buildings, Velagapudi, Guntur, Guntur District.

2. The District Collector, Annamayya District, Rayachoti.

3. The Revenue Divisional Officer/Sub-Collector, Rayachoti RevenueDivision, Rayachoti, Annamayya District.Division, Rayachoti, Annamayya District.

4. One CC to Sri G. Venkata Reddy, Advocate [OPUC]

5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Pradesh. [OUT]

6. Three CD Copies.

HIGH COURT

DATED:31/12/2024

ORDERWP.No.31227 of 2024

.g1 7 JAN 20?5Co'ICurrent Section

DISPOSING OF THE W.P. WITHOUT COSTS

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