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2025 DAILYLAW 12454 (AP)

B HANUMAIAH v. THE STATE OF ANDHRA PRADESH

WP/7905/2025 · 2025-03-28

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010146572025 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: 7905/2025 Between: B Hanumaiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SHAFATH AHMED KHAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7905/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate writ, order, direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondents 1 and 2 in issuing impugned G.O.Ms.No.188, dt.25/02/2019 in respect of Agricultural Land to an extent of Ac.2.08 Cents in Sy.No.385/9 situated at KotipiVillage,HindupurMandal,Anantapur District present Sri Sathya Sai District empowering itself to notify the areas for the purpose of utilizing the resumed land for public purpose belongs to the Petitioners is arbitrary, without authority, power, illegal and inviolation of Sec 3 and 4 of the A P Assigned Lands Prohibition of Transfers Act, 1977 and the Rules Article 14, 300-A of Constitution of India and Principles of Natural or Justice and consequently to set aside the impugned G.O.Ms.No.188 dt.25/02/2019 in respect of Agricultural Land to an extent of Ac.2.08 Cents in Sy.No.385/9 situated at KotipiVillage,HindupurMandal,Anantapur District present Sri Sathya Sai District forthwith in the interest of justice and to pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents, more particularly, respondent No.4 herein to consider and dispose of the Appeal dated 20.02.2019 submitted by the petitioners. 4. Learned Government Pleader appearing for the respondents would submit that the Appeal dated 20.02.2019 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 20.02.2019, 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, the 4threspondent herein to consider and dispose of the Appeal dated 20.02.2019 preferred by the petitioners, in accordance with law, after providing opportunity of hearing to all 1 2019 (8) SCALE 544 the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. 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 107 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7905 of 2025 28.03.2025 BSP