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2025 DAILYLAW 23711 (AP)

VIDHYA GANAPATHI NAGAR v. THE STATE OF ANDHRA PRADESH

WP/16874/2025 · 2025-07-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010334492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HfriS WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16874 OF 2025 Between: Vidhya Ganapathi Nagar, Rep by Ravelia Sarojini W/o Late RavellaNageswararao R/o NarasaraopetaPalnadu district ...Petitioner AND 1. The State Of Andhra Pradesh, Department of Revenue Rep by its Special Chief Secretary Amaravathi, Thullur Mandal 2. The District Collector, Palnadu District 3. The Revenue Divisional Officer, NarasaraopetaPalnadu District 4. The Tahsildhar, Kesanupalli Village, Narasaraopeta Palnadu District. 5. VutukuriVenkateswair Rao, S/o VutukuriKrishnarao R/o Mallamma centre Narasaraopeta 6. Vutukuri Lakshmi VenkataSubramanyam, S/o VutukuriKrishnarao R/o 16-1-248 Mallamma centre Narasaraopeta 7. VutukuriMadhusudanRao, S/o VutukuriKrishnarao R/o Mallamma centre Narasaraopeta Secretariat buildings, Velagapudi Mandal 16-1-248 16-1-248 ...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 action of the respondent in not deciding the appeal vide no 01/2025 on the file of the RDO Court Narasaraopeta under section 5(5) of ROR Act as illegal, arbitrary and violation of Article 21 and 300- A of the constitution of India and consequently direct the respondents dispose of the appeal within a stipulated time and also to maintain pending appeal on the file of the RDO Court, Narasaraopeta vide Appeal No 01/2025. to status quo lA NO: 1 OF 2Q2fi 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 to maintain status quo until the appeal vide no 01/2025 on the file of the RDO Court Narasaraopeta get disposed of pending disposal of the above writ petition. Counsel for the Petitioner: SRI MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent Nos.1 to 7: GP FOR REVENUE Counsel for the Respondents: SRI M CHALAPATI RAO The Court made the following order: i APHC010334492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB m [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16874/2025 Between: 1.VIDHYA GANAPATHI NAGAR, REP BY RAVELLA SAROJINI W/0 RAVELLANAGESWARARAO NARASARAOPETAPALNADU DISTRICT R/0 LATE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE SECRETARIAT REP BY ITS SPECIAL CHIEF SECRETARY BUILDINGS, VELAGAPUDI AMARAVATHI, THULLUR MANDAL 2.THE DISTRICT COLLECTOR, PALNADU DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, NARASARAOPETAPALNADU DISTRICT 4.THE TAHSILDHAR, KESANUPALLI VILLAGE, NARASARAOPETA MANDAL, PALNADU DISTRICT. 5.VUTUKURIVENKATESWAIR RAO, S/0 VUTUKURIKRISHNARAO R/0 16-1-248 MALLAMMA CENTRE NARASARAOPETA VENKATASUBRAMANYAM, S/0 MALLAMMA CENTRE LAKSHMI 6.VUTUKURI VUTUKURIKRISHNARAO R/0 16-1-248 NARASARAOPETA 7.VUTUKURIMADHUSUDANRAO, S/0 VUTUKURIKRISHNARAO R/O 16-1-248 MALLAMMACENTRE NARASARAOPETA ...RESPONDENT(S): Counsel for the Respondent(S): 1.GP FOR REVENUE 2.M CHALAPATI RAO THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16874 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent In not deciding the appeal vide No. 01/2025 on the file of the R.D.O. Court, Narasaraopeta, under section 5(5) of ROR Act as illegal, arbitrary and violation of Article 21 and 300-A of the constitution of India and consequently direct the respondents to dispose of the appeal within a stipulated time and also to maintain status quo pending appeal on the file of the RDO Court Narasaraopeta vide Appeal No. 01/2025 and pass....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for Revenue. 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,/ more particularly, respondent No.3 herein to consider and pass appropriate orders on the appeal No.01 of 2025, preferred by the petitioner. 4. On the other hand, learned Government Pleader for the respondents, on instructions, submits that the respondents readily agreed to dispose of the appeal pending with them in accordance with law. 5. In view of the submission made by 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.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, this Court find no other alternative except to issue such direction. 6. Accordingly, the writ petition is disposed of, directing the respondent No.3 to consider and dispose of the appeal filed by the petitioner and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months. There shall be no order as to costs. 2019 (8) SCALE 544-I Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Department of Revenue Rep by its Special Chief Secretary Secretariat buildings, Velagapudi Amaravathi, Thullur Mandal 2. The District Collector, Palnadu District 3. The Revenue Divisional Officer, NarasaraopetaPalnadu District 4. The Tahsildhar, Kesanupalli Village, Narasaraopeta Mandal, Palnadu District. 5. One CC to Sri. Medikonda Pranay Venkat Chowdary, Advocate [OPUC] ‘ ’ ■ 6. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 7. One CC to Sri. M Chalapati Rao, Advocate [OPUC] 8. Two CD Copies. AL HIGH COURT DATED:09/07/2025 ORDER WP NO. 16874 OF 2025 g 2 ^ JUl 2075 ml 1 ^ . Current Section ^ ^ DISPOSING OF THE W.P. WITHOUT COSTS