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2025 DAILYLAW 22756 (AP)

THOKALA NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/16422/2025 · 2025-07-06

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010320812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAG ADDA WRIT PETITION NO: 16422 OF 2025 Between: Thokala Nageswara Rao, S/o. Dasaradharamaiah, Aged 35 years, Occ Cultivation, Nellore District. R/o.Yerukalareddypalem Village, Kaligiri Mandal, SPSR ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Amaravathi, Department of Revenue, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 3. The Tahsildar, Kaligiri Mandal, SPSR Nellore 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 may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2NDrespondent considering and disposing of the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01-2025 passed by the 3RD respondent arbitrary, and violative of Articles 14 and 300-A of the Constitution of India, consequently direct the 2ND respondent to dispose of the appeal filed by the tn , IS petitioner on 20-02-2025 against the Orders dated 28-01- 2025 passed by the respondent, expeditiously within a time-frame as may be fixed by this Honble Court. lA 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 to direct the 2^^ respondent to pass appropriate orders on the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01-2025 passed by the 3'^'^ respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: V R MACHAVARAM Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following order: r APHC010320812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16422/2025 Between: 1.THOKALA NAGESWARA RAO, S/O. DASARADHARAMAIAH, AGED R/O.YERUKALAREDDYPALEM 35 YEARS, OCC CULTIVATION VILLAGE, KALIGIRI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 3.THE TAHSILDAR, KALIGIRI MANDAL, SPSR NELLORE DISTRIC ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2NDrespondent in considering and disposing of the appeal filed by the petitioner on 20-02- 2025 against the Orders dated 28-01-2025 passed by the 3RD respondent, is arbitrary, and violative of Articles 14 and 300-A of the Constitution of India, consequently direct the 2ND respondent to dispose of the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01- 2025 passed by the 2 r -I W.P.NO.16422OF2025 ^ respondent, expeditiously within a time-frame as may be fixed by this Honble Court, and to pass lA 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 2ND respondent to pass appropriate orders on the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01- 2025 passed by the 3 respondent, pending disposal of the main Writ Petition, and to pass s Counsel for the Petitioner: 1.VR MACHAVARAM Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.WO.16422 OF 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 inaction of the 2"'^ respondent in considering and disposing of the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01-2025 passed by the 3"^ respondent, is arbitrary, and violative of Articles 14 and 300-A of the Constitution of India, consequently direct the 2"^ respondent to dispose of the appeal filed by the petitioner on 20-02-2025 against the Orders dated 28-01- 2025 passed by the respondent, expeditiously within a time-frame as may be fixed by this Hon’ble Court, and to pass....’’{\r\ verbatim) Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this 3. Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the appeal dated 20.02.2025 1 preferred by the petitioner. Learned Government Pleader for Revenue readily agreed to dispose of 4. the appeal of the petitioner dated 20.02.2025 pending with the authorities. within a reasonable time. In view of the submission of the learned Government Pleader for 5. 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. 4 r 4J W.P.NO.16422 OF 2025 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 appeal dated 20.02.2025, this Court find no other alternative except to issue such direction. i 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the appeal dated 20.02.2025, after providing opportunity of hearing to all the parties concerned and in accordance with law, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- SHAIK MOHD. RAF! assistant registrar //TRUE COPY// gfc SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Buildings, Amaravathi, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 3. The Tahsildar, Kaligiri Mandal, SPSR Nellore Distric 4. One CC to Sri. V R Machavaram Advocate [OPUC] 5. Two CCs to GP For Revenue High Court of Andhra Pradesh [OUT] 6. Two CD Copies. Secretariat AL HIGH COURT DATED;07/07/2025 ORDER WP NO. 16422 OF 2025 3 0 JUL 2025 ntSectioax^v' ^ A ''^PAT DISPOSING OF THE W.P. WITHOUT COSTS