BANDARAPU SARASWATHI v. THE STATE OF ANDHRA PRADESH
WP/11185/2025 · 2025-05-06
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16693 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16693 (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) ^ WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE vX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11185 OF 2025 Between: Bandarapu Saraswathi, W/o. late B.Venkatadri, Aged about 60 years, Occ Cultivation, H/o Vempalle and Post, Madanapalle Mandal, R/o. 17-133-B-1, Eguvakonakuntiavaripalle, Annamayya District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi Guntur District The Collector and District Magistrate, Annamayya District The Joint Collector, Annamayya District The Revenue Divisional Officer, Annamayya District The Tahsildar, Madanap^e, Annamayya District D.Siromani, W/o. Venkataramana Reddy, Aged 45 years, Occ Cultivation R/o. Ramireddy Layout Madanapalle, Annamayya District P.Siva Kumar, S/o. P. Venkataramana, Aged 45 years, Occ: Cultivation R/o. Eguvakonakuntiavaripalle H/o Vempalle AND Post, Madanapalle Mandal, Annamayya District. 1. 2. 3. 4. 5. 6. 7. ...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 and WRD or Order or direction more particularly one in the nature of MANDAMUS, seeking a direction to the Respondents 2 to 5 for restoration of the access with ingress and egress through the schedule property viz. Annammayya District, Madanapalle Rural Mandal, Vempalle
■> Revenue Village, Eguvakonakuntiavaripalle specifically meant for village plan to go for various domestic animals to the Survey number 706/9 iIS vonimi / way of landmarked dotted route shown in the agricultural fields including for the movement of graze having ingress and by the respondents 6 to 7 with dumping stone across the said scheduie, by curtaiiing right schedule, and for a egress, that is being closed boulders and other obstacles to access usage of the said 2 to 5 to together with the bearing No. consequential direction to the respondents dispose of the Application submitted under Spandana Programme ANMY202409304371 Dated 30.09.2024 to 2"“ respondent. representations Dated 15.07.2024 lA NO: 1 OF ynon Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court pleased to direct the Residents 2 to 5 for restoration of the ingress and egress through the schedule Madanapalle praying that in the circumstances may be access with property viz..
Annammayya District Vempalle Rural Mandal, Eguvakonakuntiavaripalle, the Survey vonimi/way of landmarked dotted Revenue Village, number 706/9 is specifically meant for route shown in the village plan to go for various agricultural fields including for the movement of domestic animals to egress, pending disposal of the graze having ingress and present writ petition. Counsel for the Petitioner- Counsel for the Respondent Nos. Counsel for the Respondent Nos. The Court made the following: ORDER SRI JITENDRA KANYALUR 1 t0 5:GP FOR REVENUE 6 & 7:— ^
APHC010222552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] \A/i:=nMirQnAV -ruir w V I , I I lU Orrx/f^KITl I r^A\/ OLvciM I n u/-\ r IVIAT TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11185/2025 Between: Bandarapu Saraswathi ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.JITENDRA KANYALUR Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
0* the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO:11185/202fi NIMA/IAGADDA
ORDER: / The present writ petition is filed under Article 226 of the Constitution India seeking following relief: of ‘to issue a writ, Order i the nature of MANDAMUS Respondents 2 to 5 for restoration of the or direction more particularly one in seeking a direction to the access with ingress and egress through the schedule property viz., Annammayya District Madanapalle Rural Mandal, Eguvakonakuntiavaripalle, specifically meant for Vempalle Revenue Village, the Survey number 706/9 is vonimi / way of landmarked dotted route go for various agricultural fields ' animals to graze having respondents 6 to shown in the village plan to including for the movement of domestic ingress and egress, that is being closed by the 7 with dumping stone boulders and other obstacles across the said schedule, by curtailing right to access usage of the said schedule, and for a conseguential direction to the respondents 2 to 5 to dispose of the representations Dated 15.07.2024 together under Spandana Programme with the Application submitted bearing No.ANMY202409304371 respondent and to pass such other order Dated 30.09.2024 to 2""' or orders.... 2. Heard learned Pleader for Revenue for the counsel for the petitioner and learned respondents. Government
3. Though the petitioner made several allegations against the counsel for the petitioner requested this of the case, to issue a direction to the respondents, during hearing, learned Court, without touching the merits
\ respondents to consider and dispose of the representation dated 15.07.2024 along with Spandana application dated 30.09.2024 submitted by the petitioner. On the other hand, learned Government Pleader for Revenue for the
4. respondents readily agreed to dispose of the representation dated 15.07.2024 along with Spandana application dated 30.09.2024, pending with the authorities, within a reasonable time. 5. In view of the submission of 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.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 representation along with spandana application submitted by the petitioner, this Court find no other alternative except to issue such direction. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 15.07.2024 along with Spandana application dated 30.09.2024 submitted by the petitioner, after providing opportunity of hearing
6. 2004(1) see 769
to all the parties concerned, within a period of two (02) months from of receipt of a copy of this order. the date There shall be no order as to costs. Consequently. Miscellaneous Petitions, petition shall stand closed. if anv npnrli nn in
“ • will r ^ SD/- M. PRABHAKAR RAO ASSISTANTREGISTRAR //TRUE COPY// iv SECTION OFFICER To. 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. The Collector and District Magistrate, Annamayya District The Joint Collector, Annamayya District The Revenue Divisional Officer, Annamayya District The Tahsildar, Madanapalle, Annamayya District ^ One CC to Sri Jitendra Kanyalur, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb
HIGH COURT DATED:07/05/2025
ORDER WP.No.11185 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS