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2025 DAILYLAW 18264 (AP)

Potti Venkatagiri Subbarao, v. The State of Andhra Pradesh

WP/12571/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AMARA (Special Original Jurisdiction) ff* WEDNESDAY .THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12571 OF 2025 Between: Potti Venkatagiri Subbarao, S/o Venkata Subbaiah uraffChinnaiah, Aged 75 years, Occ. Retired RTC Employee, R/o D. No. 18-153, Gajula Street, Venkatagiri Town, Venkatagiri Mandal, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by It's Principal Secretary to Government, Revenue Department, Secretariat, A.P., Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Guduru. Tirupati District. 4. The Tahsildar, Venkatagiri Mandal, Tirupati District. 5. Yalla Madavaiah, S/o Late Yalia Lakshmaiah, Aged 51 years, Occu: Private employee, R/o Beside 132 K.V. Substation/APTRANSCO, Venkatagiri, Tirupati 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 be pleased to issue a writ may or writs or rder or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 2 nd respondent in not passing orders in the stay petition filed along with the appeal dated 21.04.2025 Is illegal, arbitrary and unconstitutional and consequently stay of all further proceedings pending disposal of appeal dated 21.04.2025 ^ before the 2^^^ respondent. IA NO: 1OF2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court operation of the may be proceedings in suspend the pleased to Rc.No.18923/LC/2025, dated 24.02.2025 NO.9288/LC/2025, dated 20.03.2025 Counsel for the Petitioner: SRI DHANUNJAYA BARU Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: and order in RC w APHC010252592025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IN [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12571/2025 the Between: Potti Venkatagiri Subbarao, ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others counsel for the Petitioner: -I.DHANUNJAYABARU counsel for the Respondent(S): GP FOR REVENUE Court made the following: The The 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12571/2025 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 declare the action of the 2^"^ respondent in not passing orders in the stay petition filed along with the appeal dated 21.04.2025 is illegal, arbitrary and unconstitutional and consequently stay of all further proceedings pending disposal of appeal dated 21.04.2025 before the 2”"^ respondent and pass such other order.” 2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, to issue a direction to the respondents to dispose of the appeal dated 21.04.2025 preferred by the petitioner. 3. Learned Assistant Government Pleader for Revenue not refused and agreed to dispose of the appeal preferred by the petitioner, if any pending with the respondents. 4. In view of the submission of the learned Assistant 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 The Government of India v. P.Venkatesh I of the Apex Court in wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. 2019(8) SCALE 544 3 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 appeal, this Court find no other alternative except to issue such direction. 5. In the result, the Writ Petition is disposed of, directing the 2 respondent to consider and dispose of the appeal dated 21.04.2025 preferred by the petitioner, after providing opportunity of hearing the parties concerned, within a period of four (4) months from the date of receipt of a copy of this order. Till then, status-quo obtaining on today shall be maintained by all the parties concerned in respect of the possession of the subject property. There shall be order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. nd \ to as no Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, A.P., Velagapudi, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER) 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Guduru, Tirupati District. 4. The Tahsildar, Venkatagiri Mandal, Tirupati District. 5. Yalla Madavaiah, S/o Late Yalia Lakshmaiah, Aged 51 years, Occu; Private employee, R/o Beside 132 K.V. Substation/APTRANSCO, Venkatagiri, Tirupati District. (Addressee Nos.2 to 5 One CC to SRI. DHANUNJAYA BARD Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh [OUT] Three CD Copies BY RPAD) 6. 7. 8. HIGH COURT DATED:07/05/2025 ORDER WP.No.12571 of 2025 DISPOSSING THE WRIT PETITIION