Extracted from the PDF above. The PDF is authoritative.
APHC010138272025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7311/2025 Between: Bogavilli Venkata Appa Rao and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. CKR ASSOCIATES Counsel for the Respondent(S):
1. GP FOR ASSIGNMENT
2. GP FOR REVENUE
3. Somisetty Ganesh Babu SC For VUDA and MUDA The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7311/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to declare and adjudge the action of Respondent authorities in interfering with the possession and in attempting to dispossess the petitioners from the land admeasuring to an extent of Ac.1.85 cts in Sy.no 215 of Madhurawada village, Visakhapatnam Rural Mandal during pendency of Appeal before the Chief Commissioner of Land Administration vide CCLA No 167 of 2024 without following due process of law as wholly illegal, arbitrary, untenable, contrary to the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent authorities not to interfere or dispossess the petitioners without following due process of law and pass such other order or orders….”
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioners submits that it will be suffice if a direction is given to respondent authorities, more particularly, 7th respondent herein to consider and dispose of the Appeal dated 26.11.2024 preferred by the petitioners.
4. Learned Government Pleader appearing for the respondents would submit that the Appeal dated 26.11.2024 preferred by the petitioners would be considered by the respondent authorities, in accordance with law, within a reasonable time.
5. In view of the submission made by the learned 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 the Appeal dated 26.11.2024, this Court find no other alternative except to issue such direction.
6. Accordingly, the present Writ Petition is disposed of, with a direction to the respondent authorities, more particularly, 7th respondent herein to consider and dispose of the Appeal dated 26.11.2024 preferred by the petitioners and to pass appropriate orders, in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. Till disposal of the said Appeal, Status quo obtaining as on today shall be maintained by all the parties
1 2019 (8) SCALE 544
concerned in respect of the subject property. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
_______________________________ VENKATESWARLU NIMMAGADDA, J 28.03.2025 BSP
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7311 of 2025
28.03.2025 BSP