BOGIRI PRABHAKARA RAO v. THE STATE OF ANDHRA PRADESH
WP/9715/2025 · 2025-04-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14600 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14600 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) j x< O’ 1 THURSDAY. THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE •Tir it PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9715 OF 2025 Between: Bogiri Prabhakara Rao, S/o. Tirupalu, Aged about 82 years, Occ; Senior Citizen, R/o. Door No.10-23-2/B, Christianpeta, 3'^'^ lane Kavali town and Mandal, SPSR Nellore District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat building, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary, Infrastructure and Investment Department, Secretariat building, Velagapudi, Amaravathi, Guntur District. 3. The Andhra Pradesh Maritime Board, Rep by its Authorised officer Kakinada Port, Kakinada, East Godavari District. 4. The District Level Committee, Rep. by its Chairperson, District Collector, SPSR Nellore District at Nellore. 5. The District Collector, SPSR Nellore District, Nellore. 6. The Joint Collector, SPSR Nellore District, Nellore. Sub Collector / Revenue Divisional Officer, Kandukuru Revenue Division, Kandukuru, SPSR Nellore District. Erstwhile Prakasam District. '-X y.u .. X The Tahsildar, Gudluru Mandal, SPSR Nellore District, Erstwhile 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 direction more in the nature of WRIT OF MANDAMUS, declaring the action of the 4th to 8th respondents in not consider the petitioners Online applications bearing Nos APDL012400225667 dated 17-08-2024 and APDL012400226327 dated 22- 11-2024 and not passed speaking orders under the provisions of the Andhra Pradesh dotted land Act 2017 (Act 10 of 2017) as per the orders of this Hon’ble Court made in WP No. 14237 of 2024 dated 23-07-2024 pertaining an extent of Ac.2-41 cents in survey No.939/1 and an extent of Ac.1-01 cents in survey No.938/2 in Chevuru Village, Gudluru Mandal, SPSR Nellore District erstwhile Prakasam District is as illegal, arbitrary and violative of principal of natural justice apart violative of Article 14,19, 21 and 300-A of the Constitution of India and consequently direct the 4th to 8th respondents to consider the petitioners Online applications bearing Nos APDL012400225667 dated 17- 08-2024 and APDL012400226327 dated 22- 11-2024 by passing speaking orders under the provisions of the Andhra Pradesh dotted land Act 2017 (Act 10 of 2017) as per the orders of this Hon’ble Court made in WP No. 14237 of 2024 dated 23-07-2024 pertaining an extent of Ac.2-41 cents in survey No.939/1 and an extent of Ac.1-01 cents in survey No.938/2 in Chevuru Village, Gudluru Mandal, SPSR Nellore District erstwhile Prakasam District. f . lA NO: 1 OF 2025 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 3'"'^ and S'*" respondents not to deposit amount in 3rd parties accounts towards cost of acquisition of land an extent of Ac.2-41 cents in survey No.939/1 and an extent of Ac.
1-01 cents in survey No.938/2 in Chevuru Village, Gudluru Mandal, SPSR Nellore District erstwhile Prakasam District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOTHA LEELA GANESH RAGHAVENDRA Counsel for the Respondent Nos.1, 3 to 8 : GP FOR ASSIGNMENT Counsel for the Respondent No.2 : GP FOR INDUSTRIES AND COMMERCE The Court made the following: ORDER
APHC010181432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY .THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9715/2025 Between: Bogiri Prabhakara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KOTHA LEELA GANESH RAGHAVENDRA Counsel for the Respondent{S):
1.GP FOR ASSIGNMENT 2.GP FOR INDUSTRIES COMMERCE The Court made the following:
/ ■'/ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMA/IAGADOA WRIT PETITION NO:9715/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue a Writ, order or direction more in the nature of WRIT OF MANDAMUS declaring the action of the to 8^^ respondents In not consider the petitioner’s Online applications bearing Nos.APDL012400225667 dated 17.08.2024 APDL012400226327 dated 22.11.2024 and not passed speaking orders under the provisions of the Andhra Pradesh dotted land Act, 2017 (Act 10 of 2017) as per the orders of this Hon’ble Oourt made in .W.PNo.14237 of 2024 dated 23.07.2024 pertaining extent of Ac.2-41 cents In survey No.939/1 and an extent of Ac. 1- 01 cents in survey No.938/2 In Chevuru Village, Gudluru Mandal, SPSR Nellore District erstwhile Prakasam District Is as illegal, arbitrary and violative of principal of natural justice apart violative of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 4‘^ to 8'^ respondents to consider the petitioner’s Online applications bearing Nos.APDL012400225667 dated 17.08.2024 and APDL012400226327 dated 22.11.2024 by passing speaking orders under the provisions of the Andhra Pradesh dotted land Act 2017 (Act 10 of 2017) as per the orders of this Hon’ble Court made in .W.PNo.14237 of 2024 dated 23.07.2024 pertaining an extent of Ac.2.41 cents In survey No.939/1 and an extent of Ac.1.01 cents in survey No.938/2 In Chevuru Village, Gudluru Mandal, SPSR Nellore District erstwhile Prakasdrh -District and pass such other
order or orders...." and an
i ’i Heard
learned counsel for the petitioner and learned Government
2. Pleader for Revenue for the respondents. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the F-line applications dated
3. 17.08.2024 and 22.11.2024 submitted by the petitioner. Learned Government Pieader for Revenue readily agreed to dispose of
4. the F-line applications dated 17.08.2024 and 22.11.2024 submitted by the petitioner pending with the authorities, within a reasonable time. In view of the submission of the learned Government Pleader for
5. 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.Venkatesh^”, 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 petitioner himself requested to issue a direction to dispose of the F-line applications dated 17.08.2024 and 22.11.2024, this Court find no other alternative except to issue such direction. 2004 (1) see 769
In the result, the writ petition is disposed of, directing the respondents, particularly, respondent No.4 to consider and dispose of the F-line applications dated 17.08.2024 and 22.11.2024, 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. There shall be no order as to costs. 6. more Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SDI- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECT! To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat building, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Infrastructure and Investment Department, State of Andhra Pradesh, Secretariat building, Velagapudi, Amaravathi, Guntur District. 3. The Authorised officer, Andhra Pradesh Maritime Board, Kakinada Port, Kakinada, East Godavari District. 4. The Chairperson, District Collector, District Level Committee, SPSR Nellore District at Nellore. 5. The District Collector, SPSR Nellore District, Nellore. 6. The Joint Collector, SPSR Nellore District, Nellore. 7.
The Sub Collector / Revenue Divisional Officer, Kandukuru Revenue Division, Kandukuru, SPSR Nellore District. Erstwhile Prakasam District. 8. The Tahsildar, Gudluru Mandal, SPSR Nellore District, Erstwhile Prakasam District. 9. One CC to Sri Kotha Leela Ganesh Raghavendra, Advocate [OPUC] 10.Two CCs to GP for Assignment, High Court of Andhra Pradesh. [OUT] 11 .Two CCs to GP for Industries & Commerce, High Court of Andhra Pradesh. [OUT] 12.Three C.D. Copies. P.nr
i HIGH COURT DATED:24/04/2025
ORDER WP.No.9715 of 2025 (5 01 may 2025 §i Section DISPOSING OF THE W.P.
WITHOUT COSTS