Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 13669 (AP)

Paidi Yesu v. The State of Andhra Pradesh,

WP/10318/2020 · 2025-08-31

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% APHC010164572020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (Special Original Jurisdiction) MONDAY, THE FIR^T DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE^^- PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 10318 OF 2020 Between: 1. Paidi Yesu, S/o. Late Peda Kotayya, Age 72 Year, R/o. SC Colony, Endluru Village, Santhanuthalapadu Mandal, Prakasam District 2. Jamandlamudi Mariyamma, W/o. Late Anjaiah, Age 39 Years, R/o. Ambedkar Nagar, Endluru Village, Santhanuthalapadu Mandal, Prakasarn District. 3. Dola Ramanjan^ulu, S/o. Late Venkateswarlu, Age 49 Years, R/o. SC Colony, Endluru Village, Santhanuthalapadu Mandal, Prakasam District ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Tullur Mandal, Guntur District. 2. The District Collector, Prakasam District at Ongole. ' 3. The Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 4. The Tahsildar, Santhanuthapadu Mandal, Prakasam District. 5. The Mandal Parishad Development Officer, Santhanuthalapadu Mandal, Prakasam District. 6. The Panchayat Secretary, Endluru Gram Panchayat, Santhanuthalapadu Mandal, Prakasam 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 a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.3 in not passing any orders in the stay petition filed along with the appeal on 11-06-2020 against the order dated 20-05-2020, in RC.DT/67/2020, passed by the Respondent No.4, as being illegal, arbitrary, biased and unconstitutional and consequently direct the Respondents not to dispossess the petitioners from their land admeasuring Ac.0.93 cents in Sy.No.431/13 of the 1st petitioner, Ac.0.25 cents in Sy.No.431/9 and Ac.0.80 cents in Sy.No.431/11 of the 2nd petitioner and Ac.0.95 cents in Sy.No.431/7 of the 3'^^ petitioner, situated at Endluru Village, Santhanuthalapadu Mandal, Prakasam District, till the disposal of the appeal pending before the Respondent No.3 filed against order dated 20-05- 2020 in RC.DT/67/2020 passed by the Respondent No.4. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to dispossess the petitioners from their land admeasuring Ac.0.93 cents in Sy.No.431/13 of the 1®* petitioner, Ac.0.25 cents in Sy.No.431/9 and Ac.0.80 cents in Sy.No.431/11 of the 2"'^ petitioner and Ac.0.95 cents in Sy.No.431/7 of the O'"* petitioner, situated at Endluru Village, Santhanuthalapadu Mandal, Prakasam District, till the disposal of the appeal pending before the Respondent No.3 filed against order dated 20-05- 2020 in RC.DT/67/2020 passed by the Respondent No.4, pending disposal of the above writ petition. r' Counsel for the Petitioners: SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: •» •> APHC010164572020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3233] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 10318/2020 Between: 1.PAIDI YESU, FATHER NAME S/0 LATE PEDA KOTAYYA, AGE 72 ADDRESS R/0 SC COLONY, ENDLURU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 2.JAMANDLAMUDI MARIYAMMA, FATHER NAME W/0 LATE ANJAIAH, AGE 39 ADDRESS R/0 AMBEDKAR NAGAR, ENDLURU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 3.DOLA RAMANJANEYULU, FATHER NAME S/0 LATE VENKATESWARLU, AGE 49 ADDRESS R/0 SC COLONY, ENDLURU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3.THE REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION, PRAKASAM DISTRICT. 4.THE TAHSILDAR, SANTHANUTHAPADU MANDAL, PRAKASAM DISTRICT. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 6.THE PANCHAYAT SECRETARY, ENDLURU GRAMPANCHAYAT, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 2 BKM.J W.P.No.10318of2020 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India pravino that in thn circumstances stated in the affidavit filed therewith the Hiq7court mlv he esponden No.4, as being illegal, arbitrary, biased and unconstitutionafand consequently direct the Respondents not to dispossess the petiliors from their land admeasuring Ac.0.93 cents in Sy.No.431/13 of the 1st petitioner AaO.25 cents ,n Sy.No.431/9 and Ac.0.80 cents in Sy.No.431/11 of the 2nd petitioner and Ac.0.95 cents in Sy.No.431/7 of the 3rd petitioner situated dklT i ^^^^•'^''^thalapadu Mandal, Prakasam Distnct, till the dispossa of the appeal pending before the Respondent No.3 filed against order dated 20-05-2020 in RC.DT/67/2020 passed by the RespondenTri at and pass lA NO: 1 OF 2020 in the rn oircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents not to dispossess the petitioners from their land admeasuring Ac.0.93 cents in Sy.No.431/13 of the 1st petitioner Ac 0 25 Ac.0.80 cents in Sy.No.431/11 of the 2nd petitioner '? 3rd petitioner, situated at Endluru illage, Santhanuthalapadu Mandal, Prakasam District, till the dispossal of the 2^20^ RToT/ewnon"'® against order dated 20-05- ZUZO in RC.DT/67/2020 passed by the Respondent No 4 the above writ petition pending disposal of Counsel for the Petitioner(S): 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GPFOR REVENUE 2.Mattegunta.Sudhir,Standing Counsel ForZ P Ps M P Ps Gram Panchayats - • ■ . 3 BKM,J W.P.No.10318of2020 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant r Government Pleader appearing for the respondent Nos.1 to 4. This writ petition was filed questioning the action of the respondent in not passing any orders in the stay petition filed along with the appeal on 11.06.2020 against the order dated 20.05.2020, in RC.DT/67/2020 passed by the 4*'^ respondent. 2. The learned counsel for the petitioners submits that the appeal 3. rd preferred by the petitioners dated 11.06.2020 was not disposed of by the 3 th respondent so far, which was preferred against the orders of the 4 respondent dated 20.05.2020. On the other hand, the learned Assistant Government Pleader 4. appearing for the respondent Nos.1 to 4 submits that the appellate authority will dispose of the same by following the due procedure. In view of the above said facts and circumstances, the 3^^ respondent 5. is directed to consider and dispose of the appeal of the petitioners dated 11.06.2020 preferred against the orders of the 4*^ respondent dated 20.05.2020 strictly in accordance with law by giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject land in an extent of Ac.0.93 cents in survey no.431/13, Ac.0.25 cents in survey no.431/9, Ac.0.80 cents in survey no.431/11 and Ac.0.95 cents in survey no.431/7, situated at Endluru Village, 4 BKM.J W.P.No.10318of2020 Santhanuthalapadu Mandal, Prakasam District. The said appeal shall be disposed of, as expeditiously as possible, preferably, within a period of four (4) months from the date of receipt of this order, if not already disposed of. Pending disposal pf the appeal before the 3''* respondent, there shall be an order of status quo as on today to be maintained with respect to the subject land. Accordingly, the writ petition is disposed of. Interim order, if any, 6. deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand Sd/- V.DIWAKAR deputy registrar SECTION OFFICER closed. //TRUE COPY// f ''f"' ... To, 1. The f^naf!)QI*‘ Secretary, Revenue Department, State of Andhra Pradeeh, Secretariat Building, Velagapudi, Tullur Mandal, Guntur ‘V f «-'t ’ ' ■:,,, District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 4. The Tahsildar, Santhanuthapadu Mandal, Prakasam District. 5. The Mandal Parishad Development Officer, Santhanuthalapadu Mandal, Prakasam District. 6. The Panchayat Secretary, Endluru Gram Santhanuthalapadu Mandal, Prakasam District. Panchayat, 7. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. One CC to Sri M. Sudhir, SC for Gram Panchayat [OPUC] 10.Two CD Copies Cnr HIGH COURT DATED:01/09/2025 ORDER WP NO. 10318 OF 2020 g 2ISEr2(» „ ^ . Current seciion DISPOSING OF THE W.P. WITHOUT COSTS