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2025 DAILYLAW 27496 (AP)

THUDUMU THELLANNA v. The State of Andhra Pradesh,

WP/19842/2025 · 2025-07-30

K Sreenivasa Reddy

body2025

Judgment text

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APHC010389512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19842 OF 2025 Between: Thudumu Thellanna, S/o Late Kannayya, Aged 63 years, R/o Guda Village, Hukumpeta Mandal Alluri Seethramaraju District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Tribal welfare Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Alluri Seetharama Raju District, Paderu. 3. The Agency Divisional Officer, Cum Special Deputy Collector (Tribal Welfare) Cum Sub Collector, Paderu, Alluri Seetharamaraju District. 4. The Tahsildar, Hukumpeta Mandal, Alluri Seetharamaraju 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the impugned action of the 3rd Respondent Agency Divisional Officer cum Sub Collector, Paderu, ASR District in failing to dispose the Petitioners Suit in AOS No 21 of 2018 which has been kept pending since long which is illegal and arbitrary and ■ji - unconstitutional and violative of Prinicpies of Natujral Justice and violative of Articles 300-A, 14 and 21 of Constitution of India and consequently direct the 3rd Respondent to forthwith promptly adjudicate and dispose the aforesaid Petitioner Suit in AOS No 21 of 2018 without any delay. 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 forthwith promptly adjudicate and dispose the aforesaid Petitioner Suit in AOS No 21 of 2018 without any delay, pending disposal of the facts and circumstances of case to meet the ends of justice, pending disposal of the above writ petition. Counsel for the Petitioner: SRI S SRINIVASA RAO Counsel for the Respondent Nos.1 to 3: GP FOR SOCIAL WELFARE Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following order: ■ J APHC010389512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION N0.19842 OF 2025 Between: 1. THUDUMU THELLANNA, S/o Late Kannayya, Aged 63 years, R/o Guda Village, Hukumpeta Mandal Alluri Seethramaraju District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Tribal welfare Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Alluri Seetharama Raju District, Paderu. 3. The Agency Divisional Officer, Cum Special Deputy Collector Cum Sub Collector, (Tribal Welfare) Seetharamaraju District. 4. The Tahsildar, Hukumpeta Mandal District. Paderu, Alluri Alluri Seetharamaraju ...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 an appropriate writ, order or direction more particularly one in the nature in MANDAMUS to declare the impugned action of Respondent Agency Divisional Officer cum Sub Paderu, ASR District in failing to dispose the Petitioners Suit in WRIT of the 3rd Collector, SRK, J WP No. 19842 Of 2025 2 AOS No 21 of 2018 which has been kept pending since long which is illegal and arbitrary and unconstitutional and violative of Principles of Natural Justice and violative of Articles 300-A, 14 and 21 of Constitution of India and consequently direct the 3rd Respondent to forthwith promptly adjudicate and dispose aforesaid Petitioner Suit in AOS No 21 of 2018 delay. the without any Counsel for the Petitioner: S SRINIVASA RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE ;.'V SRK, J WP No. 19842 of 2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to direct respondent No.3 - Agency Divisional Officer-cum-Special Deputy Collector (Tribal Welfare )-cum-Sub-Collector, Paderu, Alluri Sitharamaraju district, to dispose of AOS No.21 of 2018, as expeditiously as possible. 2. Heard learned counsel for the Writ Petitioner and learned Assistant Government Pleader for Social Welfare. The petitioner herein filed a suit bearing AOS No.21 of 2018 on the file of 3*^^ respondent herein against one Kambadi Ramchandrudu for declaration of his right, title and possession over the plaint schedule property and consequently to grant permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the said property. The contention of the Writ Petitioner is that in the said suit, even 3. j though summons was served on the defendant and he entered an appearance, he did not choose to file any counter or written His further contention is that the suit statement till date, underwent several adjournments and finally it was posted to 15.02.2025 and thereafter no further hearing date was fixed by respondent No.3 authority. The petitioner is aged about 63 years and he is not in a position to attend before respondent No.3 authority frequently on every date of adjournment. Hence, he prays to direct respondent No.3 authority to dispose of the said suit, as expeditiously as possible. SRK, j WP No. 19842 of 2025 4 In view of the aforesaid facts and circumstances of the case, respondent No.3 — Agency Divisional Officer-cum-Special Deputy Collector (Tribal Welfare)-cum-Sub-Collector, Paderu, Alluri Sitharamaraju district, is directed to dispose of AOS No.21 of 2018, in accordance with law, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order. 4. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any pending in this Writ Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SEC To, 1. The Principal Secretary, Tribal welfare Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Alluri Seetharama Raju District, Paderu. 3. The Agency Divisional Officer, Cum Special Deputy Collector (Tribal Welfare) Cum Sub Collector, Paderu, Alluri Seetharamaraju District. 4. The Tahsildar, Hukumpeta Mandal, Alluri Seetharamaraju District. 5. One CC to Sri. S Srinivasa Rao, Advocate [OPUC] 6. Two CCs to GP For Social Welfare, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]. 8. Two CD Copies. AL ^4 HIGH COURT DATED:31/07/2025 ORDER WP NO. 19842 OF 2025 ^ 12 SEP 2025 1 ^VjjmntStcliaixiy o\ ml Co? DISPOSING OF THE W.P. WITHOUT COSTS