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2025 DAILYLAW 18537 (AP)

YELLAMRAJU RAMAKRISHNAM RAJU v. THE STATE OF AP

WP/12842/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010257032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12842/2025 Between: Yellamraju Ramakrishnam Raju ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 NV, J W.P.NO.12842 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12842/2025 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 particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent herein in not considering the Appeal and Interlocutory Application (Stay Petition) filed by the Petitioner (vide 806/B3) against the Proceedings of the 4th Respondent in Roc.No.B/122/2025, dt.15.4.2025 and Ref.No.B/133/2025, dt.16.4.2025, wherein, the 4th Respondent ordered for summary eviction of the Petitioner from the land an extent of Ac.1-68 cents in Sy.No.930 of Paturu Village lands, Nandalur Mandal, Kadapa District, now in Annamayya District under Section 6 of the A.P Land Encroachment Act, 1905 as illegal, arbitrary and contrary to the provisions of A.P. Land Encroachment Act, 1905 and consequently suspend the impugned proceedings of the 4th Respondent in Roc.No.B/122/2025, dt.15.4.2025 and Ref No. B/133/2025, dt.16.4.2025 and direct the 3rd Respondent to consider and dispose of the Appeal filed by the Petitioner (806/B3) and pass….”(in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 appeal dated 06.05.2025 submitted by the petitioner. 4. Learned Government Pleader for Revenue readily agreed to dispose of the appeal of the petitioner dated 06.05.2025 pending with the authorities, within a reasonable time. 3 NV, J W.P.NO.12842 OF 2025 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.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 the appeal dated 06.05.2025, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the appeal dated 06.05.2025, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. In the meanwhile, Status-quo obtaining as on today in respect of the subject property shall be maintained by all the parties concerned. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 08.05.2025 LSP 1 2004 (1) SCC 769 4 NV, J W.P.NO.12842 OF 2025 49 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.12842 of 2025 08.05.2025 LSP