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2025 DAILYLAW 44647 (AP)

Dr MAKINENI MADHURI v. The State of Andhra Pradesh

WP/10140/2025 · 2025-04-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL /S, TWO THOUSAND AND TWENTY FIVE -0 o m. <>>7} Ji ,v W 1a PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10140 OF 2025 Between: Dr. Makineni Madhuri, W/o Kiran, age 48 years, Occ: Medical Practitioner, R/o Praja Vidyashala, Governerpet, Vijayawada - 520 000 ...PETITIONER/S AND 1. The State of Andhra Pradesh, Rep by it's Principal Secretary, Revenue Department, Secretariet Building, Velagapudi, Amaravati. 2. The District Collector, Bapatia, Bapatia District. 3. The Revenue Divisional Officer, Chirala, Bapatia District. 4. The Tahsildar, Vetapalem Mandal, Bapatia District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 declaring the inaction of the 2 to 4 th Respondents on the representation dt: 27-02-2025 made by the Petitioner for granting permission for construction of access road to a width of 18 meters through the ceiling surplus land leading to my property is illegal, arbitrary, capricious and violative of Articles 14, 21 and 300A of Constitution of India. Consequently direct the 2 to Respondents to dispose of my representation within a stipulated time by forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 2 to 4^'' Respondents to dispose of the representation made by the Petitioner dt:27-02-2025 by forthwith. Counsel for the Petitioner(s):SRI. N A RAMACHANDRA MURTHY Counsel for the Respondents; GP FOR REVENUE The Court made the following: APHC010199302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10140/2025 Between: Dr Makineni Madhuri ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief: 1. India To issue a writ order or direction more particularly the nature of Writ of Mandamus declaring the inaction of the 2 to 4th Respondents on the representation dated 27.02.2025 made by the Petitioner for granting permission for construction of access road to a width of 18 meters through the ceiling surplus land leading to my property is illegal arbitrary capricious and violative of Articles 14, 21 and 300A of Constitution of India Consequently direct the 2 to 4th Respondents to dispose of my one in representation within a stipulated time by forthwith and to pass such other order or orders. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac.45.16 cents in Sy. No. 427/3, situated in Kothapeta Revenue Village, Vetapalem Mandal, Bapatia District. The said land was devolved upon the petitioner from his father through a registered settlement deed, vide Document No. 3744/2013, dated 25.03.2013. He further submits that the petitioner intends to construct a resort in the said land, for which he submitted a representation to the respondent authorities on 27.02.2025. However, even after receipt of the representation dated 27.02.2025, the respondent authorities have neither considered the same nor issued any further proceedings. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 19.04.2025 issued by the 4*^ respondent wherein it is stated that:- “In this connection, it is submitted that it is the duty of the petitioner and her men to ensure that there is a way to the subject lands before purchase of the lands. However, a letter was addressed to the petitioner in this officer reference 3"^ cited with a request to furnish the extent of land required for way, survey number of the land In which way is required along with the connected documents if any, so that action will be taken to enquire into the feasibility of the land as access to the petitioner’s land and ‘■"N proposals will be submitted to the Collector, Bapatia through the Revenue Divisional Officer, Chirala after following due process of law to prove way or otherwise in accordance with the rules in vogue. But the petitioner has not furnished the required particulars to the Tahsildar, Vetapalem. Further action will be taken In accordance with law immediately after filing of particulars required in the matted’. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents perusal of the material available on record, this Court is of the considered view I and on 1 that, the present writ petition can be disposed of by directing the respondents authorities to consider the representation submitted by the petitioner dated 27.02.2025 and pass appropriate orders, after providing an opportunity of hearing to the petitioner and other stake holders if any, within a period of two (02) months from the date of receipt of a copy of this order. 6. 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 or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to consider the application/representation dated 27.02.2025, this Court find no other alternative except to issue such direction. 2019(8) SCALE 544 6. With the above direction, the writ petition is disposed of. No. costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ SD/- G. SRINIVASA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department Pradesh, Secretariet Building, Velagapudi, Amaravati. Messenger] State of Andhra [By Special 2. The District Collector, Bapatia, Bapatia District. 3. The Revenue Divisional Officer, Chirala, Bapatia District. 4. The Tahsildar, Vetapalem Mandal, Bapatia District.[2 TO 4 BY RPAD] 5. One CC to SRI. N A RAMACHANDRA MURTHY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court of Andhra Pradesh ■ [OUT] 7. Three CD Copies HIGH COURT DATED:22/04/2025 ORDER 2 5 SfP 2025 WP.No.10140 of 2025 ' ar m c? f/ Currant &8ciJon DISPOSING OFF THE WRIT PETITION WITHOUT COSTS