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2025 DAILYLAW 31295 (AP)

OGIRALA PRABHAKARA RAO v. THE STATE OF ANDHRA PRADESH

WP/23844/2025 · 2025-09-08

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010453182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23844/2025 Between: 1. OGIRALA PRABHAKARA RAO, S/O BHANU MURTHY, AGED ABOUT 39 YEARS, OCC- CULTIVATION, RESIDENT OF D.NO. 1-67, AMUDALAPALLI VILLAGE NIDAMARRU MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE JOINT COLLECTOR, ELURU DISTRICT AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT. 4. THE TAHSILDAR, NIDAMARRU MANDAL, ELURU 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 an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in attempting to dispossess the petitioner from the land measuring Ac.0.54 cents in R.S.N0.91/2A of Amudalapalli Village, Nidamarru Mandal, Eluru District, during pendency of statutory appeal before the 2nd respondent, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India and hit by estoppel and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject land until disposal of the appeal pending before the 2nd respondent Joint Collector, Eluru and to 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 2 may be pleased to direct the respondents not to dispossess the petitioner from the land admeasuring Ac.0.54 cents in R.S.No.91/2A of Amudalapalli Village, Nidamarru Mandal, Eluru District, which is presently under franc and fish tank cultivation with baby fish and franc, constituting the sole means of livelihood for the petitioner, pending disposal of the above Writ Petition, and to pass Counsel for the Petitioner: 1. SYAM VARA PRASAD RAO P Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 23844 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in attempting to dispossess the petitioner from the land measuring Ac.0.54 cents in R.S.N0.91/2A of Amudalapalli Village, Nidamarru Mandal, Eluru District, during pendency of statutory appeal before the 2nd respondent, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India and hit by estoppel and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject land until disposal of the appeal pending before the 2nd respondent Joint Collector, Eluru and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. The petitioner has approached this Court with a prayer for issuance of a direction for expeditious disposal of the Appeal, dated 23.09.2024 filed by the petitioner against the order dated 03.08.2024 of the Revenue Divisional Officer, pending before the 2nd respondent filed under provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. 3. The learned counsel for the petitioner stated that the appellate authority is bound to decide the case in accordance with law expeditiously. The urgency that is stated that the property rights are involved in the case if the delay is occasioned that it will be detrimental to the petitioner. Hence, pleaded to direct the revisional authority to dispose of the revision in a time bound manner in accordance with law. 4 4. Ergo the Court directs the 2nd respondent appellate authority to make an endeavour to put an end, by making all the efforts in deciding the case with due diligence within a reasonable time for disposal of the Appeal, dated 23.09.2024 filed by the petitioner, on merits and as per law, after hearing all the parties to the dispute, as expeditiously as possible and in any case, not beyond three months from the date of receipt of the order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 09.09.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 23844 OF 2025 Date: 09.09.2025 SPP