APHC010365502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18680/2025 Between: 1. BANDI SURYA PRAKASA RAO, S/0 RAMASETTI, AGED 60 YEARS, R/O. BRUNDAVANARN HEIGHTS, NEAT CHAITANYA SCHOOL, PLOT NO.205, DEVARAPALLI, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, PANCHAYATH RAJ DEPARTMENT, AP SECRETARIAT, VELAGAPUDI - 522 503, GUNTUR DISTRICT. 2. THE MANDAL PARISHAT DEVELOPMENT OFFICE, REP. BY. ITS MPDO, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE DEVARAPALLI GRAMA PANCHAYATH, REP. BY. ITS PANCHAYATH SECRETARY, DEVARAPALLI VILLAGE, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM, ANDHRA PRADESH. 5. THE TAHSILDAR, MANDAL REVENUE OFFICE, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 6. THE VILLAGE REVENUE OFFICER, DEVARAPALLI VILLAGE, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT ANDHRA 2 PRADESH. ...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 inaction on my representations dated 02-07-2025 through India Post vide Reference Numbers. RN697315806IN,RN697315797IN RN697315783IN, RN697315770IN, RN697315766IN, RN697315752IN RN697315749IN and to the Respondents and requested to drop proceedings in proposing to build a water tank southern side of the Petitioner's dwelling house by demolishing safety wall vide D.No.13-132 situated in survey No. 1304/2 of Devarapalli Village, Devarapalli Mandal, East Godavari District without prior notice to the Petitioner as being illegal, arbitrary apart from being violative of Petitioner's rights guaranteed under Article 14 and 300-A of the Constitution of India and consequently direct the 2nd and 3rd Respondents to drop all further proceedings against the Petitioner's dwelling house vide D.No.13- 132 situated in survey No. 1304/2 of Devarapalli Village, Devarapalli Mandal, East Godavari District 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 2nd & 3rd Respondents to drop all further proceedings in proposing to build a water tank southern side of the Petitioner’s dwelling house by demolishing safety wall vide D.No.13-132 situated in survey No. 1304/2 of Devarapalli Village, Devarapalli Mandal, East Godavari District, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. PANGI RAJU BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18680/2025 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 inaction on petitioner’s representations dated 02.07.2025 through India Post vide Reference Numbers RN697315806IN, RN697315797IN, RN697315783IN, RN697315770IN, RN697315766IN, RN697315752IN and RN697315749IN to the respondents and requested to drop proceedings in proposing to build a water tank southern side of the petitioner's dwelling house by demolishing safety wall vide D.No.13-132 situated in survey No.1304/2 of Devarapalli Village, Devarapalli Mandal, East Godavari District without prior notice to the petitioner as being illegal, arbitrary apart from being violative of Petitioner's rights guaranteed under Article 14 and 300-A of the Constitution of India and consequently direct the 2nd and 3rd respondents to drop all further proceedings against the petitioner's dwelling house vide D.No.13-132 situated in survey No.1304/2 of Devarapalli Village, Devarapalli Mandal, East Godavari District and pass such other order.” 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.2 and 3 and learned Assistant Government Pleader for the other 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 representation dated 02.07.2025 filed by the petitioner. 4 4. Learned Standing Counsel for respondent Nos.2 and 3 readily agreed to dispose of the representation dated 02.07.2025, if any pending with the respondents. 5. In view of the submission of both the learned counsel, 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.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 representation dated 02.07.2025, 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 representation dated 02.07.2025 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of two(2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 1 2019 (8) SCALE 544 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 28.07.2025 TTPPSS 6 270 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18680/2025 28.07.2025 TTPPSS