IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 10127 OF 2016 Between: M/s. Visakha Realty (P) Ltd., Rep. by its Managing Director Anumalisetty Mahesh, S/o late Venkata Raju, aged 49 years, Registered Office at 9-1-248, CBM Compound, Visakhapatnam ...PETITIONER AND 1. State of Andhra Pradesh rep. by its. Principal Secretary to Government Revenue Department, Secretariat, Hyderabad 2. The District Collector & Appellate Authority, Under the A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 Visakhapatnam 3. The Competent Authority and Revenue Divisional Officer, Visakhapatnam Sub-Division, Collectorate, Visakhapatnam 4. The Tahsildar (Rural), Chinagadili, Near Visakha Valley School, Visakhapatnam 5. The Vice Chairman, Visakhapatnam Urban Development Authority, Udyog Bhavan, Siripuram Visakhapatnam ...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 or order or direction more particularly one in the- nature of Writ of Mandamus declare the action of the 2nd Respondent in not disposing of the Appeal filed on 29.12.2015 pursuant to Notice in Rc.No.9300/2014/SDT(LR)/dated 29.11.2014 passed by the 3'^'^ Respondent as also Distraint Order Rc.No. 1773/2015/A dated 10.12.2015 of the 4**^ Respondent as illegal, arbitrary and violative of principles of natural justice and consequentially direct the 2"^ Respondent to dispose of the appeal in the interests of justice. I.A. NO: 1 OF 2016fWPMP. NO: 12782 OF 2016) 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 suspend the operation of Distraint Order issued in Rc. No. 1773/2015/A dated 10-12-2015 by the 4’^ Respondent pending disposal of the Appeal before the 2""^ Respondent. Counsel for the Petitioner: SRI K. SRINIVASA RAO Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI V.SURYA KIRAN KUMAR, SC FOR VMRDA AND MUDA The Court made the following: ORDER 1 APHC010589342016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 10127 of 2016 Between: M/s.Visakha Realty (P) Ltd., Rep.by its Managing Director, Anumalisetty Mahesh ...PETITIONER AND State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department & Others Counsel for the Petitioner: ...RESPONDENT(S) I.Mr.K.SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. Mr.V.SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. Mr.V.KRISHNA KANTH, SC FOR VUDA 2 \ The Court made the following Order: The writ petition is filed seeking to declare the action of the respondent No.2 in not disposing of the appeal filed by the petitioner on 29.12.2015 pursuant to Notice in Rc.No.9300/2014/SDT (LR) dated 29.11.2014 issued by the 3'"^ respondent as also Distraint Order Rc.No.1773/2015/A dated 10.12.2015 of the 4*^^ respondent as illegal, arbitrary, violative of principles of natural justice and for consequential direction to the 2^^^ respondent to dispose of the appeal. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue representing the respondents 1 to 4. Mr.V.Krishna Kanth, learned counsel appeared for the 5*^ respondent. The learned counsel for the petitioner made submissions with reference I i to the averments made in the affidavit filed in support of the writ petition and the circumstances under which the petitioner was constrained to file the said writ petition. No counter-affidavit is filed on behalf of the respondents. Be that as it may. On a consideration of the relief sought for by the petitioner, this Court is of the opinion that the matter need not be examined in detail. Further, as per the latest instructions of the learned counsel for the petitioner as also the learned Assistant Government Pleader representing the respondents 1 to 4, it 3 would appear that the said appeal filed by the petitioner is still pending and no orders have been passed. Therefore, the writ petition is disposed of, providing that the 2 respondent shall take up the appeal filed by the petitioner and pass appropriate orders, in accordance with the Law, after giving due opportunity of hearing to the petitioner, as expeditiously as possible, within a period of six (6) weeks from the date of receipt of a copy of this order. nd Till appropriate orders as indicated above are passed, the interim orders granted by this Court on 04.04.2016 shall stand continued. No order as to costs. As a sequel, all the pending miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REQISiRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector & Appellate Authority, Under the A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 , Visakhapatnam The Competent Authority and Revenue Divisional Officer, Visakhapatnam Sub-Division, Collectorate, Visakhapatnam The Tahsildar (Rural), Chinagadili Near Visakha Valley School Visakhapatnam 1. 2. 3. 4. 5. The Vice Chairman, Visakhapatnam Urban Development Authority Udyog Bhavan, Siripuram Visakhapatnam 6. One CC to Sri K. Srinivasa Rao, Advocate [OPUC] 7. One CC to Sri V. Surya Kiran Kumar, SC for VMRDA & MUDA[OPUC] 8. One CC to Sri V. Krishna Kanth, SC for VUDA[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. sb HIGH COURT DATED:03/02/2025 2 0 FEB 2025 | . Current Section K.£gSPATCVt%S^^ ORDER WP.No.10127 of 2016 DISPOSING OF THE W.P. WITHOUT COSTS