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2025 DAILYLAW 29199 (AP)

BANDLA SURENDRA BABU v. The State of Andhra Pradesh,

WP/21870/2025 · 2025-08-19

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 APHC01O417712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ?o T m WEDNESDAY, THE TWENTIETH DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE \v -s’ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21870 OF 2025 Between: BandIa Surendra Babu, S/o. Ramanaiah, Aged 49, Years, Cultivation R/o. Gamallapalem Village, Bodduvaripalem Revenue Village, Kodavaluru Mandal, SPSR Nellore District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat Bids, Veiagapudi, Amaravati Guntur District. 2, The District Collector, SPSR Nellore District 3. The Thasildar, Kodavaluru Mandal, SPSR Nellore District 4. The Mandal Parishad Development, Officer, Modavaiuri Mandal Nellore District. , SPSR 5. The Extension Officer, (PR and RD) Incharge, Mandal Praja Parishad Kodavalru Mandal, SPSR Nellore Dist. 6. Gothamnagar and Gamallapalem Gram Panchayath, Kodavaluru Mandal, SPSR Nellore Dist. Rep by its Panchayath Secretary 7. Jarugumilli Sudhaker S/o. Rangaiah, Aged 55 Gamallapalem Village, Gowtham Nagar Panchayath Mandal, SPSR Nellore District years, R/o. Kodavaluru ...Respondents y 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 of Writ of Mandamus, declaring the inaction of the respondents2 to 5 in taking action on petitioner’s representation dated 9-7-2025 to restore the road as per layout 1988 which is made by Government in Sy No. 46/ABC & 48/ABC situated in Bodduvaripalem Village, Kodavaluru Mandal, SPSR Nellore District is illegal, arbitrary and consequently direct the respondents to remove the encroachments and restore the way as per layout 1988 as stated in the petitioners representation dt. 9.7.2025 forthwith in the interest of justice. 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 2 to 5 to take action on petitioner’s representation dated 9-7-2025 ending disposal of the above W.P. in the interest of justice. Counsel for the Petitioner: SRI T JANARDHAN RAO Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos. 4 & 6: SRI M SUDHIR (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent No.7: — The Court made the following order: APHC010417712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] rH-J-lr: WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21870/2025 Between: 1.BANDLA SURENDRA BABU, S/0. RAMANAIAH, R/0. GAMALLAPALEM VILLAGE KODAVALURU AGED 49 YEARS, CULTIVATION BODDUVARIPALEM REVENUE VILLAGE MANDAL,SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT SECRETARIAT BIDS, VELAGAPUDI. AMARAVATI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT 3.THE THASILDAR, KODAVALURU MANUAL, SPSR NELLORE DISTRICT 4.THE MANDAL PARISHAD DEVELOPMENT, OFFICER, MODAVALURI MANDAL. SPSR NELLORE DISTRICT. 5.THE EXTENSION OFFICER, (PR AND RD) INCHARGE, MANDAL PRAJA PARISHAD, KODAVALRU MANDAL, SPSR NELLORE DIST. 6.GOTHAMNAGAR AND GAMALLAPALEM GRAM PANCHAYATH, KODAVALURU MANDAL, SPSR NELLORE DIST. REP BY ITS PANCHAYATH SECRETARY 7.JARUGUMILLI SUDHAKER, S/0. RANGAIAH AGED 55 YEARS, R/0. GAMALLAPALEM VILLAGE. GOWTHAM NAGAR PANCHAYATH, KODAVALURU MANDAL, SPSR NELLORE 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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents 2 to 5 in taking action on petitioners representation dated 9-7.2025 to restore the road as per layout 1988 which is made by Government in Sy No. 46/ABC a 48/ABC situated in Bodduvaripalem Village, Kodavaluru Mandal, SPSR Nellore District is illegal, arbitrary and consequently direct the respondents to remove the encroachments and restore the way as per layout 1988 as stated in the petitioners representation dt. 9.7.2025 7 forthwith in the interest of justice and to pass necessary order or orders as this Honble Court may deem fit. lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents 2 to 5 to take action on petitioner’s representation dated 9-7-2025 ending disposal of the above W.P. in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit. Counsel for the Petitioner: 1.T JANARDHAN RAO Counsel for the Respondent(S): 1.GP FOR REVENUE praying that in the THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21870 of 2025 r ORDER:- Pithily this writ petition is filed on the ground that representation dated 09.07.2025 was made to the authorities, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. The Hon’ble Apex Court in The Government of India vs P. 2. Venkatesh^ held as follows: “...Dispose of the representation mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute...’’ This Court is not oblivious of the fact that a Court to authorities 3. before directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a live" issue or whether it is with reference to a "dead" or "stale" issue. dead" or "stale" issue or dispute, the If it is with reference to a Court/tribunal should put an end to the matter and should not direct (2019) 15 see 613 4 consideration or reconsideration. If the Court to tribunal deciding to direct "consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the court does not expressly say so, that would be the legal position and effect." 4. Disposal of proceedings by seemingly directing consideration of representation though result in quick or easy disposal of cases in overburdened adjudicatory institutions but such orders do more disservice than service to the cause of justice. innocuous orders 5. However, the respondents are directed that the petitioner representation dated 09.07.2025 be considered by examining thoroughly, issue orders accordingly, and communicate the decision to the petitioner. It goes without saying that the entire process will be completed within six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed. Sd/- B PRASADA RAO ASSISTANTrlT STRAP //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, Secretariat Bids Velagapudi, Amaravati Guntur District. 2, The District Collector, SPSR Nellore District 3. The Thasildar, Kodavaluru Mandal, SPSR Nellore District 4. The Mandal Parishad Development, Officer, Modavaluri Mandal, SPSR Nellore District. 5. The Extension Officer, (PR and RD) Incharge, Mandal Praja Parishad, Kodavalru Mandal, SPSR Nellore Dist. 6. The Panchayath Secretary, Gothamnagar and Gamallapalem Gram Panchayath, Kodavaluru Mandal, SPSR Nellore Dist. 7. One CC to Sri T Janardhan Rao, Advocate [OPUC] 8. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP), Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF HIGH COURT DATED:20/08/2025 ORDER WP NO. 21870 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS