APHC010213282019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10121/2019 Between: 1. P. VENKATA KISHORE BABU, S/O. LATE PEDDA SUBBA RAO, HINDU, AGED ABOUT 43 YEARS, OCC. AGRICULTURE, R/O ALLENAGARAM, LINGALA POST, MANDAVALLI MANDAL, KRISHNA DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT. A.P. SECRETARIAT, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, MANDAVALLI MANDAL, ANDHRA PRADESH. 4. THE TAHSILDAR, MANDAVALLI MANDAL, ANDHRA PRADESH. 5. THE SPECIAL OFFICER AND SECRETARY, ALLINAGRAM, MANDAVALLI MANDAL, ANDHRA PRADESH ...RESPONDENT(S): 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 toto Issue a Writ, Order or Direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondent Nos.2, 3, 2 4, and5 in taking action on the Petitioner's representation dt. 29-10-2018 requesting the Government to take possession and stop illegal construction in land R.S.No.558 to an extent of Ac.0.10 cents situated at (Kanukoli Sivaru) Muslim School, blocking Allinagaram Village, Mandavalli Mandal, Krishna District, A.P. and allow the passage to use it as a common roa way as arbitrary, illegal, violative of principles of natural justice and contrary to Art. 14, 19, 21 and 300A of the Constitution of India IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to consider the Petitioner's representation and to direct the Respondent Nos.3 to 5 to take necessary action to stop the illegal construction in the area R.S.No.558 to an extent of Ac.0.02 cents situated at (Kanukoli Sivaru) Muslim School, blocking Allinagaram Village, Mandavalli Mandal, Krishna District, A.P., forthwith as an interim relief pending disposal of the above writ petition Counsel for the Petitioner: 1. SHANTHASREE ELIPE Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. Y KOTESWAR RAO 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10121/2019 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.2, 3, 4, and 5 in taking action on the petitioner's representation dated 29.10.2018 requesting the Government to take possession and stop illegal construction in land R.S.No.558 to an extent of Ac.0.10 cents situated at (Kanukoli Sivaru) Muslim School, blocking Allinagaram Village, Mandavalli Mandal, Krishna District, A.P. and allow the passages to use it as a common road way as arbitrary, illegal, violative of principles of natural justice and contrary to Art. 14, 19, 21 and 300-A of the Constitution of India and pass such other order.” 2. Heard learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioner submits that the Gram Panchayat of Allinagaram Village has passed a resolution dated 09.03.2011 stating that the land admeasuring to an extent of Ac.0.10 gts., in R.S.No.558 situated at Allinagaram Village, beside Urdu School belongs to Hindu Gouds and Muslims and no construction will be allowed in the said open land and it will be used for road purpose only. Even after passing the resolution by the Gram Panchayat, the Muslim Community people of that village are trying to encroach the open land by constructing a permanent building over 4 and above the said land. For which, the petitioner submitted a representation dated 29.10.2018 to the respondents complaining about the proposed construction contrary to the resolution of the Gram Panchayat. But the respondents neither considered the said representation and replied nor initiated any action. Hence, the Writ Petition. 4. Learned counsel for the petitioner further requested this Court, without touching the merits of the case, to issue a direction to the 5th respondent to consider the representation dated 29.10.2018 with reference to the resolution dated 09.03.2011. 5. Learned Standing Counsel for respondent No.5 readily agreed to consider the representation dated 29.10.2018, if any pending with the 5th respondent. 6. In view of the submission of the learned Standing Counsel for the 5th respondent, 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 petitioner himself requested to issue a direction to dispose of 1 2019 (8) SCALE 544 5 the representation dated 29.10.2018 with reference to the resolution dated 09.03.2011, this Court find no other alternative except to issue such direction. 7. In the result, the Writ Petition is disposed of, directing the 5th respondent to consider and dispose of the representation dated 29.10.2018 with reference to the resolution dated 09.03.2011, within a period of two(2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.09.2025 TTPPSS 6 41 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10121/2019 09.09.2025 TTPPSS