BATHULA VENKATESWARLU RAO v. THE STATE OF ANDHRA PRADESH
WP/7105/2025 · 2025-03-21
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11643 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11643 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) / FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7105 OF 2025 Between: Bathula Venkateswarlu Rao, S/o B. Penchalaiah, Aged about 70 years Occ: Cultivation, R/o D. No. 25/1/1296, Tailors Colony, VTC Kothur Andhra Kesari Nagar, Nellore. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by Its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Nellore District, Nellore. 3. The Joint Collector, SPSR Nellore District, Nellore. 4. The Revenue Divisional Officer, Kavali, Nellore District, Nellore. 5. The Tahsildar, Vinjamur Mandal, Vinjamur, Nellore District. 6. E. Ramaiah, S/o Pedda Venkaiah, Aged major, R/o Gundemadakala Village, Vinjamur Mandal, Nellore District. ...Respondents 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declare the in action of the respondent with regard to not-conducting of fresh enquiry as per orders of 3'"'^ respondent vide D. Dis. D5. 336/2024 dated 20-06-2024 as illegal, arbitrary and violation of Articles 14, 21 and 300- A of the Constitution of India and consequently direct the respondent No.4 to conduct fresh enquiry with respect to subject land to an extent of Ac.4.90 Cents in Sy. No. 107/2 of
Gundemadakala Village, Vinjamur Mandal, SPSR Nellore District in the view of orders passed by the 3'^'^ respondent. y/ /■' lA NO: 1 OF 2025 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 respondent No.4 to conduct fresh enquiry with respect to subject land to an extent of Ac.4.90 Cents in Sy. No. 107/2 of Gundemadakala Village, Vinjamur Mandal, SPSR Nellore District in the view of orders passed by the 3'^'^ respondent pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI HARINATH REDDY SOMA Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
■ i APHC010135162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] r-“ FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7105/2025 Between: ...PETITIONER Bathula Venkateswarlu Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. HARINATH REDDY SOMA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;
“to issue Writ order or direction more particulariy one in the nature of Writ of Mandamus declare the in action of the 4 respondent with regard to not conducting of fresh enquiry as per orders of 3^^ respondent vide D.Dis. D5.336/2024, dated 20.06.2024 as illegal, arbitrary and violation of Articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondent No. 4 to conduct fresh enquiry with respect to subject land to an extent of Ac.4.90 Cents in Sy.No.107/2 of Gundemadakala Village, Vinjamur Mandal, SPSR Nellore District th
in the view of orders passed by the 3'^^ respondent and to pass such other order or orders...” The case of the petitioner is that, pursuant to the petitioner’s representation, the 3rd respondent issued proceedings dated 20.06.2024, directing the 4th respondent to conduct a fresh enquiry regarding the subject property, admeasuring to an extent of Ac.4.90 cents in Sy.No. 107/2 of Gundemadakal village, Vinjamur Mandal, SPSR Nellore District. 2. rd The learned counsel for the petitioner submits that even though the 3 respondent herein directed the 4*'' respondent to conduct fresh enquiry in respect of the subject property of the petitioner, the 4^^ respondent nor conducted enquiry nor passed any order so far. Hence the writ petition. 3. On the other hand the learned Government Pleader appearing for the
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respondents furnished written instructions dated 18.03.2025 wherein it is stated as follows;-
“(7) While so, the present writ petition is filed stating that despite passing speaking orders with regard to the conduct ofd fresh enquiry with the respect to the land of Ac.4.90 in sy.No. 107/2 of Gundemadakal village, Vinjamur Mandal, SPSR Nellor District, the 4^^ respondent has not initiated any action. (8) In this connection, it is submitted that pursuant to the orders passed by the 3'"^ respondent in D.Dis.D5/336/2024, dated 20.06.2024, the respondent has issued a notice in his Rc.a.145/2024, dated 12.03.2025 summoning the petitioner and other interested parties for enquiry on 29.03.2025”. %
5. He further submits that pursuant to the directions of the 3'^ respondent, the 4th respondent initiated an enquiry and issued notice to the concerned parties calling for enquiry to be held on 29.03.2025. However, the enquiry is yet to be completed for compliance with the order of the 3^^ respondent in accordance with the law.
learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.
6. Heard the
7. Having considered the submissions made by the learned counsel for and the learned Government Pleader appearing for the the petitioner respondents, this Court is of the considered view that the Writ Petition can be
disposed of by directing the 4th respondent to complete the enquiry, to be held on 29.03.2025, in compliance with the orders of the 3'^^ respondent dated
20.06.2024. The entire process shall be completed within a period of three (03) months from the date of receipt of a copy of this
order, and pass appropriate orders in accordance with the law. With the above said direction, the Writ Petition is disposed of. There
8. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
2. The District Collector, Nellore District, Nellore.
3. The Joint Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, Kavali, Nellore District, Nellore. The Tahsildar, Vinjamur Mandal, Vinjamur, Nellore District. One CC to Sri Harinath Reddy Soma, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CD Copies
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8. RAM
HIGH COURT DATED:21/03/2025
ORDER ^OFANOTJ^ S 17 A« 2C25 I Current Seetian . ^ O' WP.No.7105 of 2025 ?
DISPOSING OF THE WP WITHOUT COSTS