APHC010341462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17318/2025 Between: 1. KOTA KISHORE KUMAR, S/O BHAVANI PRASAD AGED SOYRS, OCC CULTIVATION, PRESENTLY R/O D.NO 4-111, MANDURU VILLAGE, CHUNDURU MANDAL, BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, ERSTWHILE KANDKURU REVENUE DIVISION, PRESENTLY KANIGIRI REVENUE DIVISION, PRAKASHAM DISTRICT. 4. THE TASHILDAR, HANUMANTHUNIPADU MANDAL, PRAKASHAM DISTRICT. 5. KONIDALA VENKATA CHENNAIH, S/O SUBBAYYA, AGED ABOUT 52YRS, OCC RMP DOCTOR, R/O VEMULAPADU VILLAGE, HANUMANTHUNIPADU MANDAL PRAKASHAM 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 to issue a Writ, Order or direction more particularly one In the nature 2 of Writ of Mandamus (a) declaring inaction on the part of the respondents on petitioners representations dated 6-2-2023 wherein and whereunder sought to take action against the highhanded action of the 5th respondent in trespassing with his accomplice and forcibly cutting down and stealing the Eucalyptus Trees raised by petitioner in their own land admeasuring Acrs 4.91 Cnts and Acrs 2.50 cnts comprising in Sy.Nos 14/1 and 15/2 respectively situated in Anandapuram Village of Hanumanthunipadu Mandal (H M Padu Mandal), Prakasham District causing loss to the petitioner to the tune of Rs 6 lakhs despite knowing very well about the pendency of the Appeal Rc.CN 4910/2017 filed U/s 5(5) of the Records of Rights Act before 3rd Respondent as illegal, arbitrary, dereliction and voilation of Article, 14, 19, 21 and 300A of the Constitution of India, (b) To further order the 3rd respondent to take up the hearing and pass orders expeditiously in the Appeal Rc.C 4910/2017 filed U/s 5(5) of the Records of Rights Act filed by the petitioner against the 5th respondent, and pass such 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 to direct the respondents to take action on the petitioner’s representation dated 06.02.2023 in the interests of justice pending disposal of the writ petition in the interests of justice, and pass such Counsel for the Petitioner: 1. K INDIRA GOLDA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard Sri U D Jai Bhima Rao, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 4. Notice in respect of 5th respondent is dispensed with since no adverse order is passed against his rights and interests. 2. The above writ petition has been field to declare the inaction of respondents in considering the representation made by the petitioner dated 06.02.2023, as illegal and arbitrary. 3 3. At the hearing, learned counsel for the petitioner would submit that the petitioner filed an appeal under Section 5(5) of the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 before the 3rd respondent-the Revenue Divisional Officer, Kandukuru Revenue Division (presently Kanigiri Revenue Division, Prakasam District and the same is pending consideration. 4. Learned counsel for the petitioner confined his argument and urged the Court to direct the 3rd respondent to dispose of the appeal as expeditiously as possible. 5. Learned Assistant Government Pleader for Revenue would submit that the appeal is pending and the 3rd respondent-Revenue Divisional Officer, Kanigiri will dispose of the appeal as per Rules. 6. Given the facts and circumstances of the case without going into merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 3rd respondent-the Revenue Divisional Officer, Kanigiri Revenue Division to dispose of the appeal filed by the petitioner under Section 5(5) of the Act, 1971 strictly by following the procedure mandated under the Act and the Rules made thereunder, as expeditiously as possible, preferably within two (2) months from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 14.07.2025 KA 4 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17318/2025 Date: 14.07.2025 KA