IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^ lo PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7635 OF 2025 Between: Namavarapu Prasad, s/o Narasimha Swamy, Aged 68 years, u.No.4- 117, Prathipadu, Pentapadu Mandal, West Godavari District ...PETITIONER ■.... AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The Collector and District Magistrate, West Godavari District. Bhimavaram 3. The Sub-Collector / Revenue Divisional Officer (R.D.O), N arasapuram West Godavari District. 4. The Tahsildar, Yellamanchili Mandal, West Godavari District. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (i) declaring the action on the part of the Respondent no.2 in issuing the Proceedings vide LP.No.Ref.No.A/39/ 2025/PGRS dt.21-11-2024, to the effect that out of the total extent of land of / Ac. 1.83cts given to the petitioner by way of D-Form Patta vide L.D.No. xtent of Ac.0.69cts. Rs.No.403/8 and an 1942/81, dt.20-02-1983 i.e., an extoof Ac.O.llcts in RS.No.402/9, situated in Kanakayalanka Village H/0 Doddipatia Village, Yelamanchili Mandal, West Godavari District, was taken possession by the Revenue Authorities holding that the Petitioner violated the conditions of the Patta, by confirming that petitioner let out the property to third parties by way of 99 years lease to third parties though the vehemently denied by petitioner, and on the other ground that the same was Petitioner has not preferred appeal against the Orders dt. 19-03-2022 (Correct date is 17-03-2022), as such Petitioner is not entitled to seek restoration of his possession over the above said land as per his complaint made to the Hon'ble Chief Minister under PGRS Mail, though the petitioner preferred appeal on 09-05-2022 to Respondent no.3 and that by way of several representations and replies made between parties and that Respondent no.3 issued Notices for hearing of Appeal on 03-02-2024 and 26-06-2024, but without hearing the Appeal or passing any Orders thereupon, but Respondent no.2 issuing the Proceedings on 21-11-2024 stating that the Representation of the Petitioner cannot be considered, is nothing but arbitrary, unlawful, illegal and outright violation of the Principles of Natural Justice and also violating the Fundamental Rights of the Petitioner guaranteed under Articles 14, 19(g), 300-A of The Constitution of India, (ii) to declare the Proceedings passed by Respondent no.4 vide ROC.NO.647/2021/B, dt. 17-03-2022, are invalid and in violation of Principles of Natural Justice, thereby setting aside the same and to conduct fresh enquiry, (iii) to declare that the inaction on the part of Respondent no.2 upon the Final Representation dt.28-12-2024 made by the Petitioner to Respondent no.2 to conduct fresh enquiry as he denied all the contents of the Proceedings vide LP.No.Ref. No.A/39/2025/PGRS 03-02-2024 and on dt.21-11-2024, and to restore his possession over the above said land, is nothing but arbitrary, unjustified and unreasonable, (iv) by consequently directing Respondent nos.2 to 4 to restore the possession of the Petitioner over the land i.e., an extent of Ac.0.69cts. RS.No.403/8 and an extent of Ac.O.Ucts in RS.No.402/9, situated in Kanakayalanka Village, H/0 Doddipatia Village, Yelamanchili Mandal, West Godavari District, lA NO: 2 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 Grant Interim direction by directing the Respondent no.2 to 4 to give back the possession of the land i.e., an extent of Ac.0.69cts. RS.No.403/8 and an extent of Ac.O.Ucts in RS.No.402/9, situated in Kanakayalanka Village, H/0 Doddipatia Village, Yelamanchili Mandal, West Godavari District, to the Petitioner until further orders of this Hon'ble Court, pending disposal of Writ Petition 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 Grant Interim direction by directing the Respondent no.2 to 4 not to allot the land i.e., an extent of Ac.0.69cts. RS.No.403/8 and an extent of Ac.O.Ucts in RS.No.402/9, situated in Kanakayalanka Village, H/0 Doddipatia Village, Yelamanchili Mandal, West Godavari District, until further orders of this Hon'ble Court, pending disposal of Writ Petition Counsel for the Petltioner{s): SRI. P RAJESH BABU Counsel for the Respondent Nos,1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010143752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7635/2025 Between: ...PETITIONER Namavarapu Prasad AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P RAJESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: \/ 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7635/2025 ORDER: The grievance of the petitioner is that the 3'"'^ respondent is not considering the appeal dated 09.05.2022 preferred by the petitioner. Further while pending the appeal preferred by the petitioner, the 2^^ respondent issued the impugned proceedings dated 21.11.2024 stating that the representation of the petitioner cannot be considered. Aggrieved by the same, the present Writ Petition is filed. 2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, to issue a direction to the respondents to dispose of the appeal dated 09.05.2022 preferred by the petitioners. 3. Learned Assistant Government Pleader for Revenue agreed to dispose of the appeal dated 09.05.2022, if any pending with the respondents. 4. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick 2019(8) SCALE 544 71 3 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 dispose of the appeal dated 09.05.2022, this Court find no other alternative except to issue such direction. 5. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the appeal dated 09.05.2022 preferred by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of three(3) months from the date of receipt of copy of this Order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Andhra Pradeshirep by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The Collector and District Magistrate, West Godavari District. Bhimavaram 3. The Sub-Collector / Revenue Divisional Officer (R.D.O), N arasapuram West Godavari District. 4. The Tahsildar, Yellamanchili Mandal, West Godavari District. 5. One CC to Sri. P Rajesh Babu Advocate [OPUC] 6. Two CCs to GP For Revenue ,High Court Of Andhra Pradesh. [OUT] 7. THREE CD Copies AL HIGH COURT DATED;07/04/2025 ORDER \ WP.No.7635 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS