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2025 DAILYLAW 23235 (AP)

Sabbavarapu Krishna, v. The State of Andhra Pradesh,

WP/16287/2025 · 2025-07-01

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010327262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fii % .if 7 WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16287 OF 2025 io ifl-V /i \ t Between: Sabbavarapu Krishna, S/o Sabbavaram Ammatalli, Age: 56 years, Occ: Cultivation, R/o.D.No.8-35, Chinnayya Pallem Village & Post, Sabbavaram Mandal Anakapalli, District-531035. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by Principal Secretary, Department of Panchayathraj, AP Secretariat, Velagapudi District. 2. The District Collector, Anakapalli District, At Anakapalli. 3. The Revenue Divisional Officer, Anakapalli Anakapalli District at Anakapalli. 4. The Tahsildar, Sabbavaram Mandal, Anakapalli District. 5. The District Panchayath Officer, Anakapalli District at Anakapalli. 6. The Secretary of Gram Panchayath, Sabbavaram Village, Sabbavaram Mandal, Anakapalli District. Amaravathi, Guntur Revenue Division ...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 Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 3'"' Respondent disposing of the Appeal vide Tappals Reg No.2057 of 2025 dt.09-06-2025 in filed by me challenging the orders vide RC.No.121/2025/SA Dt.29-05-2025 passed by the Respondent as illegal, absurd and violation of Principles of Natural Justice and to direct the respondents not to demolish house pending disposal of the Appeal before the Respondent, and not to take any coercive steps with my peaceful possession and enjoyment of the house over extent of Ac.0.06 Cents out of Ac.0.58 Cents covered by Sy.No.64 in Chinnaya Palem, H/o. of Sabbavaram Village fields. Sabbavaram Mandal of Anakapalli District. 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 respondents not to demolish house pending disposal of the Appeal Respondent, and not to take any coercive steps with my an before the 3' peaceful possession and enjoyment of the house over an extent of Ac.0.06 Cents out of Ac.0.58 Cents covered by Sy.No.64 in Chinnaya Palem, H/o. of Sabbavaram Village fields, Sabbavaram Mandal of Anakapalli District, till the disposal of main Writ Petition. Counsel for the Petitioner: SMT. Counsel for the Petitioner: SMT. R.SUDHA RANI Counsel for the Respondent Nos.1 & 5: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: SRI YARRAGUNTLA KOTESWAR ROA, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: 1 APHC010327262025 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: 16287/2025 Between: 1.SABBAVARAPU KRISHNA,, S/0 SABBAVARAM AMMATALLI, AGE- 56YRS, OCC- CULTIVATION, R/O.D.NO.8-35, CHINNAYYA PALLEM VILLAGE AND POST, SABBAVARAM MANDAL DISTRICT-531035 ANAKAPALLI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH. REP BY PRINCIPAL DEPARTMENT OF PANCHAYATHRAJ SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AP 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. AT 3.THE REVENUE DIVISIONAL OFFICER. ANAKAPALLI REVENUE DIVISION, ANAKAPALLI DISTRICT AT ANAKAPALLI. 4.THE TAHSILDAR, SABBAVARAM MANDAL ANAKAPALLI DISTRICT. 5.THE DISTRICT PANCHAYATH OFFICER. ANAKAPALLI DISTRICT AT ANAKAPALLI. 6. THE SECRETARY OF GRAM PANCHAYATH, SABBAVARAM VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI 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 tomay be pleased to issue Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the 3rd Respondent in disposing of the Appeal vide Tappals Reg No.2057 Of 2025 dt.09-06-2025 filed by me challenging the orders vide RC.No.121/2025/SA Dt.29-05-2025 passed by the 4th Respondent as illegal, absurd and violation of Principles of Natural Justice and to direct the respondents not to demolish house pending disposal of the Appeal before the 3rd Respondent, and not to take any coercive steps with my peaceful possession and enjoyment of the house over an extent of Ac.0.06 Cents out of Ac.0.58 Cents covered by Sy.No.64 in Chinnaya Palem, H/0 of Sabbavaram Village fields, Sabbavaram Mandal of Anakapalli District 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 may be pleased to direct the respondents not to demolish house pending disposal of the Appeal before the 3rd Respondent, and coercive steps with my peaceful possession and enjoyment of the house an extent of Ac.0.06 Cents out of Ac.0.58 Cents covered by Sy.No.64 in Chinnaya Palem, H/0 of Sabbavaram Village fields, Sabbavaram Mandal of Anakapalli District, till the disposal of main writ petition and to pass Counsel for the Petitioner: 1.RSUDHA RANI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: one not to take any over 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16287/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “..may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3^^ Respondent in disposing of the Appeal vide Tappals Reg No.2057 Of 2025 dt 09.06.2025 filed by me challenging the orders vide RC.No. 121/2025/SA, Dt 29.05.2025 passed by the Respondent as illegal, absurd and violation of Principles of Natural Justice and to direct the respondents not to demolish house pending disposal of the Appeal before the 3''^ Respondent and not to take any coercive steps with my peaceful possession an enjoyment of the house over an extent of Ac. 0.06 Cents out of Ac. 0.58 Cents covered by Sy.No.64 in Chinnaya Palem, H/0 of Sabbavaram Village fields, Sabbavaram Mandal of Anakapalli District and to pass. ” 2. Though the petitioners 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 09.06.2025 preferred by the petitioner. 3. Learned Assistant Government Pleader for Revenue not refused and agreed to dispose of the appeal dated 09.06.2025 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 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 09.06.2025. this Court find no other alternative except to issue such direction. In the result, the Writ Petition is disposed of, directing the 3 respondent to consider and dispose of the appeal dated 09.06.2025 preferred by the petitioner, after issuing notice and after providing opportunity of hearing to the parties concerned, within a period of two (02) months from the date of receipt of a copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs. 5. rd As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// FICER To, 1. The T>rincipal Secretary, Department of Panchayathraj ‘ Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, 3. The Revenue , State of Andhr At Anakapalli. Anakapalli Revenue Division, Divisional Officer, Anakapalli District at Anakapalli. 4. The Tahsildar, Sabbavaram Mandal Anakapalli District. 5. The District Panchayath Officer, Anakapalli District at Anakapalli. 6. The Secretary of Gram Panchayath, Sabbavaram Village, Sabbavaram „ Mandal, Anakapalli District. 7. One CC to Smt. R.Sudha Rani, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj & Rural Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, Development, High Court of High Court of Andhra Pradesh [OUT] I Rao, SC for ZPP, MPP & 10. One CC to Sri Yarraguntia Koteswara Gram Panchayat. [OPUC] 11. Two CD Copies. court g/ DATED:0210712025 order VVPNo. 16287 of 2025 \ ^^th%ut?:SstI^^ pet/t/on