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2025 DAILYLAW 37210 (AP)

NILAVA MAITRA v. .State of Andhra Pradesh,

WP/32304/2023 · 2025-03-24

Venkateswarlu Nimmagadda

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% ■ m- ) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32304 OF 2023 Between: Nilaya Maitra, S/o. late Nirmal Chandra Maitra, Aged about 69 years, Occ: Business, R/o. 204. Brentwood Tower, Charmwood Village, Surajkund Road, Faridabad, Haryana State - 121 009 Rep.by his GPA Mendu Audi Narayana Reddy, S/o. late Satya Narayana Reddy, aged about 47 years, Occ; Cultivation, R/o. D.No.3-36, Jagadevipet, Indukurpet Mandal, SPSR Nellore District, Andhra Pradesh. ...PETITIONER{S) AND 1. .State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Andhra Pradesh, Rep.by its Principal Secretary. 2. The Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Kaligiri Mandal, SPSR Nellore District. 5. Kantheti Pumachandra Rao, S/o. Venkata Subbaiah, aged about 69 years, Occ:Agriculture, R/o. D.No.3/58, Manthripalem Village and Post Nagaram Mandal, Guntur District - 522262. 6. Smt.Vallum Subhashini Kumari, W/o. Sivaramaiah, aged about 82 years, Occ: Agriculture, R/o. D.No.4-143, Goutham Nagar, Vatiuru Village and Post, Pedapadu Mandal, Eluru Rural, West Godavari District - 534 007. 7. Valluru Sivaramaiah, S/o. late Venkata Rathnaiah, Aged about 84 years, Occ: Agriculture, R/o. D.No.4-143, Goutham Nagar, Vatiuru Village and Post, Pedapadu Mandal, Eluru Rural, West Godavari District - 534 007. ...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 7 be pleased to issue a writ, order or direction, more particularly a writ in the nature of Writ of MANDAMUS declaring the inaction of the 3^'^ respondent i.e., the Revenue Divisional Officer, Kavali on the appeal before him i.e., R.C.A.No.3304 of 2016 as bad, illegal, arbitrary, opposed to law. lA NO: 1 OF 2023 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 3'^'^ respondent i.e., the Revenue Divisional Officer, Kavali to take up the appeal R.C.A.No.3304 of 2016 for enquiry, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI M. VIDYASAGAR Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 to 7 : NONE APPEARED The Court made the following: ORDER \ t APHC010627092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ► MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32304/2023 Between: Nilava Maitra ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M VIDYASAGAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: / f ORDER: This writ petition is filed under Article 226 of the Constitution of India f seeking the following relief: rd “to issue a writ of mandamus declaring the inaction of the 3 respondent i.e. the Revenue Divisional Officer, Kavali on the appeal before him i.e. R.C.A.No.3304 of 2016 as bad illegal, arbitrary, opposed to law” Though the petitioner made several allegations, during the course of hearing, learned counsel for the petitioner requested this Court to issue a direction to the respondent authorities to dispose of the appeal R.C.A.No.3304 of 2016 filed by the petitioner before the 3'"^ respondent without touching the merits. In view of limited request made by the learned counsel for the petitioner, the 3'"'^ respondent concerned is directed to dispose of the appeal in R.C.A.No.3304 of 2016 filed by the petitioner, in accordance with law, though this Court is conscious about the principle laid down by the Honourable Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Hon’ble Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to the 3’’'^ respondent to dispose of the appeal R.C.A.No.3304 ^ 2019 (8) SCALE 544 \ of 2016 filed by the petitioner, I find no other alternative except to issue such direction. In the result, Writ Petition is disposed of, directing the respondent to dispose of the appeal R.C.A.No.3304 of 2016 filed by the petitioner, in accordance with law, within three (03) months from today. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretaiy, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Andhra Pradesh. 2. The Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Kaligiri Mandal, SPSR Nellore District. 5. One CC to Sri M. Vidyasagar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr HIGH COURT DATED:24/03/2025 ORDER I 07 APR 2025 Curreni ^lon « ^%^PATCHe2,3<^ WP.No.32304 of 2023 DISPOSING OF THE W.P. WITHOUT COSTS