2023 Supreme(Online)(AP) 11341
2023 :APHC:23495 IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.15368 OF 2020 Between:
Gondela Santhosh Kumar, S/o.Vishnumurthy, Aged: 30 years, Occ:Cultivation, R/o.Siddipeta Village, Chapuram Panchayat, Srikakulam District.
… Petitioner Versus
1. The State of Andhra Pradesh, represented by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District and three others.
… Respondents Counsels for the petitioner : Sri Srinivas Ambati Counsel for respondents : Government Pleader for Revenue
ORDER
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“… to issue a writ order or orders more one in the nature of writ of mandamus declaring the action of the 2nd respondent in not deciding petitioner’s appeal dated 04.12.2019, filed against the Endorsement dated 11.11.2019 in SR.No.95/2019A issued by the 3rd respondent thereby rejected petitioner’s Mee-Seva online application No.RMU011901981196, dated 13.02.2019, submitted for granting Pattadar Passbook and Title Deed and for mutation of his name for agricultural lands admeasuring Ac.0.45 cents in Survey No.189/1 and Ac.0.10 cents in Survey No.188/4, situated in Siddipeta Village, Chapuram Gram Panchayat, Srikakulam Rural Mandal, Srikakulam District as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on 2nd respondent under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules frames there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 2nd respondent to decide petitioner’s appeal in accordance with law as expeditiously as possible and pass such other orders may deem fit and proper in the circumstances of the case”.
2. The grievance of the petitioner, in the writ petition, is that the appeal filed by the petitioner on 14.12.2019, on the file of the respondent No.2 is not disposed of. Along with the writ petition, petitioner filed a copy of appeal on the file of respondent No.2. The said appeal contains the office seal of respondent No.2 with date 04.12.2019.
3. Heard Sri Srinivas Ambati, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.
4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the appeal filed by the petitioner is not available in the office of respondent No.2 and in fact, when the petitioner sought information under Right to Information Act, by endorsement dated 08.11.2021, the authority requested to file copies of appeal/revision, enabling the respondent No.2 to dispose of the matter. This Court directed the respondent No.2 to file affidavit to that effect, however, no such affidavit was filed.
5. Considering the facts and circumstances of the case, the writ petition is disposed of, directing the petitioner to submit the appeal which was filed on 04.12.2019, on the file of respondent No.2, within a period of three (03) weeks from today. Petitioner shall also file other necessary papers along with the appeal. Respondent No.2 shall treat the date of filing of appeal as 04.12.2019 and dispose of the same strictly in accordance with law, as expeditiously as possible. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
________________________________ JUSTICE SUBBA REDDY SATTI Date : 11.07.2023 KAS/TVN THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.15368 OF 2020 Date : 11.07.2023 KAS/TVN