APHC010164882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 8747/2024 Between: Mutyala Ramireddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. GP FOR SOCIAL WELFARE The Court made the following: ORDER: This Writ Petition has been filed to declare the action of the respondent No.2 in not disposing of CMA filed on 08.03.2024 against the orders passed by the respondent No.3 in I.A.No.3 of 2023 in O.S.No.6 of 2023 dated 26.02.2024, as illegal and arbitrary and consequently to direct the respondent No.2 to dispose of the said CMA at an early date. 2 2. It is the case of the petitioner that the petitioner belongs to Scheduled Tribe community and he is the owner and possessor of land to an extent of 123.5 Sq. yards near to his residence, which is within the Village Gramakantam, situated in Sy.No.119/part of Timmapuram Village, Addateegala Mandal, A.S.R. District and the said land is situated in the agency tracks/scheduled area, having got the property basing on a gift deed dated 03.06.2016 executed by the respondent No.4. While the things stood thus, the respondent No.4 filed a suit in O.S.No.6 of 2023 on the file of respondent No.3 against respondent No.5 under Rule 14 of the Andhra Pradesh Agency Rules, 1924 read with 151 of C.P.C. for permanent injunction and in the said suit I.A.No.1 of 2023 was filed for ad interim injunction and the same was granted by the respondent No.3 vide order dated 05.05.2023. Against which, the respondent No.6, who is no way concerned with the schedule property, filed I.A.No.3 of 2023 in the said suit to vacate the interim order dated 05.05.2023. The respondent No.3, without giving any reasons, vacated the interim injunction, vide Order, dated 26.02.2024 passed in I.A.No.3 of 2023 in O.S.No.6 of 2023. Aggrieved by the same, he filed C.M.A. on 08.03.2024 before the respondent No.2 under Rule 47 of the Andhra Pradesh Agency Rules, 1942. 3. Learned counsel for the petitioner submits that though C.M.A. was filed on 08.03.2024 before the respondent No.2, no notice or orders have been passed till date, and taking advantage of the same, the respondent No.6 has 3 been interfering with the peaceful possession and enjoyment of the petitioner over the schedule property. Hence, he prays to direct the respondent No.2 to dispose of the subject C.M.A. by fixing a timeframe. 4. Having regard to the aforesaid facts and circumstances, without going into the merits of the case, the respondent No.2 is directed to dispose of subject C.M.A. filed by the petitioner on 08.03.2024 against the Order dated 26.02.2024 passed in I.A.No.3 of 2023 in O.S.No.6 of 2023 on the file of the respondent No.3, in accordance with law, as expeditiously as possible, preferably within a period of nine (9) months from the date of receipt of a copy of this Order. 5. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, Miscellaneous petitions pending, if any, in this writ petition shall stand closed. ____________________________ JUSTICE K. SREENIVASA REDDY 08.05.2025 anr 4 96 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION NO.8747 OF 2024 08.05.2025 anr