Extracted from the PDF above. The PDF is authoritative.
at* APHCC10477522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT ThE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24265 OF 2025 Between:
1. Salapu Eswar Rao, S/o. Appalaswami, Aged about 41 Cultivation years, Occ: Chintagantia, R/o.H.No.1-150, Jerripothulapallem, Pendurhti Mandal, Vi^akhapatnam District. 2. Salapu Bangarraju, S/o. Salapu Appalaswamy, Aged about 35 Occ: Cultivation, years, R/o.H.No.1-150, Jerripothulapallem, Chintagantia, Pendurhti Mandal, Visakhapatnam District. ...Petitioners AND
1. the State of A P, Rep.by its Principal Secretary to Government, fievenue Department, Secretariat Velagapudi, Amaravati, Guntur [pistrict. 2. Ihe District Collector, Visakhapatnam District, Visakhapatnam. 3. he Commissioner of Police, Visakhapatnam, Visakhapatnam Dist. 4. the Revenue Divisional Officer, Visakhapatnam, Visakhapatnam district. 5. iheTahsildhar, Pendurthi, Pendurti Mandal, Visakhapatnam District. 6. the Jerripothulapalem Panchayath Rep by its Secretary, Jerripothulapalem, Pendurthi Mandal, Visakhapatnam District. 7. the Station House Officer. Pendurthi Police Station district. Visakhapatnam
8. Madaka Appalraju, S/o.Madaka Kondaiah, Aged about 47 years, Occ; Sarpanch, Jerripothulapalaem (V), Pendurthi (M), Visakhapatnam Dist. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 2 to 7 in taking action on the representations of the petitioners vide Public Grievance No. VSP20241202275 dtd02.12.2024 and another representation dated.05.09.2025, with regard to the illegal and unauthorized constructions made by 8th respondent by high handedly occupying the part of the land belongs to the petitioners admeasuring total extent of Ac. 1.23 cents situated in Sy.No.79-3 of Jerripothulapalem Village Pendurthi Mandal Visakhapatnam District, which was originally assigned to the father of the petitioners at about 50 years back by way of D-form patta by the respondents, having katha No. 143, with Pattadar Pass Book Number 0301240160143 and Title Deed as illegal, irregular and arbitrary, which is violative of articles 14, 21, 300-A and 350 of Constitution of India and consequently direct the respondents 2 to 6 to consider the representation of the petitioners vide Public Grievance No.VSP20241202275 dtd02.12.2024 and another representation dated. 05.09.2025 In accordance with law.
05.09.2025 In accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2-6 to restrain the 8th respondent from proceeding with the illegal and unauthorized construction in the land of the petitioners situated in Sy.No.79-3 of Jerripothulapalem Village, Pendurthi Mandal, Visakhapatnam District in the interest of justice. Counsel for the Petitioners: SRI G. L. NAGESWAR RAO
f Counsel for the Respondent Nos.1, 2, 4 & 5 : GP FOR REVENUE S’; Counsel for the Respondent Nos.3 & 7 : GP FOR HOME Counsel for the Respondent No.6 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.8 : NONE APPEARED The Court made the following order: »
*■* APHC010477522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24265/2025 Between:
1.SALAPU ESWAR RAO,, . S/0. APPALASWAMI, AGED ABOUT 41 YEARS, OCC- CULTIVATION, JERRIPOTHULAPALLEM, CHINTAGANTIA, MANDAL, VISAKHAPATNAM DISTRICT. 2.SALAPU BANGARRAJU,, S/0. SALAPU APPALASWAMY R/O.H.NO.1-150, PENDURHTI AGED ABOUT 35 YEARS, OCC- CULTIVATION, R/O.H.NO.1- 150, JERRIPOTHULAPALLEM, CHINTAGANTIA, PENDURHTI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF A P, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR TO GOVERNMENT, REVENUE SECRETARIAT DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3.THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DIST. 4.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE TAHSILDHAR, PENDURTHI, PENDURTI MANDAL, VISAKHAPATNAM DISTRICT. 6.THE JERRIPOTHULAPALEM PANCHAYATH, REP BY ITS SECRETARY, JERRIPOTHULAPALEM PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 7.THE STATION HOUSE OFFICER, PENDURTHI POLICE STATION, VISAKHAPATNAM DISTRICT. 8.MADAKA APPALRAJU, S/O.MADAKA KONDAIAH OCC- AGED SARPANCH, ABOUT 47 YRS JERRIPOTHULAPALAEM(V), VISAKHAPATNAM DIST.
PENDURTHI(M) ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS
2 declaring the inaction on the part of respondents 2 to 7 in taking action on the representations of the petitioners vide Public Grievance No.
VS ^20241202275 dtd02.12.2024 and another representation dated.05.09.2025, with regard to the illegal and unauthorized constructions made by 8th respondent by high handedly occupying the part of the land belongs to the petitioners admeasuring total extent of y\c. 1.23 cents situated in Sy.No.79-3 of Jerripothulapalem Village Pendurthi Mandal Visakhapatnam District, which was originally ass igned to the father of the petitioners at about 50 years back by way of D-form patta by the respondents, having katha No. 143, with Paltadar Pass Book Number 0301240160143 and Title Deed as illegal, irregular and arbitrary, which is violative of articles 14, 21, 300- A and 350 of Constitution of India and consequently direct the respondents 2 to 6 to consider the representation of the petitioners vidfe Public Grievance No.VSP20241202275 dtd02.12.2024 and another representation dated. 05.09.2025 in accordance with law and pas;s lA |siO: 1 OF 2025 Petition under Section 151 CPC circ;umstances stated in the affidavit filed in support of the petition, the Hidh Court may be pleased pleased to direct the respondents 2-6 to restrain the 8th respondent from proceeding with the illegal and unauthorized construction in the land of the petitioners situated in Sy.No.79-3 of praying that in the Jerripothulapalem Village, Pendurthi Mandal Visakhapatnam District in the interest of justice and pass Codnsel for the Petitioner(S):
1.GLNAGESWAR RAO Counsel for the Respondent(S):
1.GP FOR HOME ^.GP FOR REVENUE
3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24265 of 2025
ORDER:- Pithily, this writ petition is filed on the ground that public NO.VSP202412022275 dated 02.12.2024 and grievance representation dated 05.09.2025 were made to the authorities, but it were not addressed. Therefore, it is urged that the respondents be
directed to address the same, 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. If it is with reference to a "dead" or
"stale' issue or dispute, the Court/tribunal should put an end to the matter and should not direct 1 (2019) 15 see 613
4
consideration or reconsideration. If the Court to tribunal deciding to d rect "consideration" without itself examining the merits, it should , I rr ake 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 innocuous orders d recting consideration of representations though result in quick or easy disposal of cases in overburdened adjudicatory institutions but sjjch orders do more disservice than service to the cause of justice. 5i However, the respondents are
directed that the petitioners Grievance No.VSP202412022275 dated 02.12.2024, and representation dated 05.09.2025 be considered by examining j thjoroughly, issue orders accordingly, and communicate the decision to the petitioners. It goes without saying that the entire process will be I c(3mpleted within six (06) weeks from the date of receipt of a copy of tflis order.
6. Accordingly, the Writ Petition is disposed of. There shall be no Older as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// If SECTION OFFICER To,
1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District.
I
2. The District Collector, Visakhapatnam District, Visakhapatnam.
3. The Commissioner of Police, Visakhapatnam, Visakhapatnam District.
4. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District.
5. The Tahsildhar, Pendurthi, Pendurti Mandal, Visakhapatnam District.
6. The Secretary, Jerripothulapalem Panchayath, Jerripothulapale m, Pendurthi Mandal, Visakhapatnam District.'*
7. The Station House Officer, Pendurthi Police Station, Visakhapatnam District.
8. One CC to Sri G. L. Nageswar Rao, Advocate [OPUC]
9. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 10.TWO CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
11. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 12.Two CD Copies . Cnr
HIGH COURT DATED;10/09/2025
ORDER WP NO. 24265 OF 2025 ANO/^ I 22 SEP 2025 ^ . Current Section m DISPOSING OF THE W.P.
WITHOUT COSTS