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2025 DAILYLAW 22283 (AP)

GOTHULA SUBBULU v. THE STATE OF ANDHRA PRADESH

WP/15972/2025 · 2025-07-01

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010314212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15972/2025 Between: 1. GOTHULA SUBBULU, S/O.VENKAIAH, AGED ABOUT 45 YEARS R/O.GUDURU,GUDURU MANDAL, S.P.S.R.NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (SURVEY AND BOUNDARIES) SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, S.P.S.R.NELLORE DISTRICT, NELLORE. 3. THE TAHSILDAR, GUDURU MANDAI, GUDURU, S.P.S.R.NELLORE DISTRICT. ...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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in complying the F-Line application No.FSNV012500743780, dt 24-05- 2025 in respect of land of an extent of Ac. 1-00 cents in Survey No. 168-2 of Mocherla Village, Guduru Mandal, S.P.S.R.Nellore District., of the petitioner as arbitrary, illegal. Capricious and violative of orders of Andhra Pradesh Survey and Boundaries, 1923 Act and Andhra Pradesh Board of 2 Revenue Standing Orders and consequently direct the Respondents to consider and disposal of the Application NO.FSNV012500743780, dt 24-05- 2025 and pass IA NO: 1 OF 2025 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 Pleased to direct the Respondents to consider and dispose off the F-Line Application bearing No.FSNVOI 2500743780, dt:24-05-2025 in respect of Petitioner land of an extent of Ac. 1-00 cents in Survey No.168-2 of Mocherla Village, Guduru Mandal, SPSR Nellore District., pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15972/2025 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 declaring the inaction of the Respondents in complying the F-Line application No.FSNV012500743780, dated 24.05.2025 in respect of land of an extent of Ac.1.00 cents in Survey No.168-2 of Mocherla Village, Guduru Mandal, S.P.S.R. Nellore District of the petitioner as arbitrary, illegal, Capricious and violative of orders of Andhra Pradesh Survey and Boundaries Act, 1923 and Andhra Pradesh Board of Revenue Standing Orders and consequently direct the Respondents to consider and disposal of the Application No.FSNV012500743780, dated 24.05.2025 and pass such other order.” 2. Heard learned counsel for the petitioner and learned Assistant 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 dispose of the f-line application dated 24.05.2025 filed by the petitioner. 4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the f-line application dated 24.05.2025, if any pending with the respondents. 5. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the 4 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 f-line application dated 24.05.2025, 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 f-line application dated 24.05.2025 filed by the petitioner as per the provisions of the A.P. Survey and Boundaries Act, 1923, after providing opportunity of hearing to the parties concerned, within a period of three(3) 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 02.07.2025 TTPPSS 1 2019 (8) SCALE 544 5 109 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15972/2025 02.07.2025 TTPPSS