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2025 DAILYLAW 48399 (AP)

Parlapalli Narayana Reddy, v. The State of Andhra Pradesh,

WP/12386/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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AMAPti^ATI IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Juristliction) TUESDAY, THE SIXTH DAY OF MAY^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12386 OF 2025 Between: Parlapalli Narayana Reddy, S/o Konda Reddy, Aged about 60 years, Thadiparthi Village Nallapalem Farmer. Occupation: Panchayat,Podalakuru Mandal, Spsr Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi, Guntur District., A.P. 2. The District Collector, Nellore SPSR Nellore District, A.P. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Podalakur Mandal, SPSR Nellore District, A.P ^ ...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 or Writs more appropriately a Writ of Mandamus to declare action of the Respondent authorities in Notice Vide R.C.B.No.91/2023 Dated.08.04.2025 to dispossess the petitioner from his Agricultural land land in Survey No.249 to an extent of Ac.2.44 cents situated at Nallapalem Village, Tadiparthi Panchayat, Podalakum Mandal , SPSR Nellore District without taking into consideration of our reply against the Notice issued by the 4 Respondent and without following due process of lawis illegal, arbitrary, violative of Principles of natural justice and against the Article-21 of the Constitution of India and consequently direct the Respondent authorities not to disposses the petitioner from this landed property in Survey No.249 to an extent of Ac.2.44 cents situated at -■ A Nallapa'lem Village, Tadiparthi Panchayat, Podalakum Mandal SPSR Netlore District. 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 direct the Respondent authorities not interfere to disposes the petitioner from Agricultural land in Survey No^^9 to an extent of Ac.2.44 cents situated at Nallapalem Village, Tadiparthi Panchayat, Podalakuru Mandal SPSR Nellore District: Counsel for the PetitioneriSRI. AKKEM SRIHARIVIRAT Counsel for the Respondent: GP FOR REVENUE The Court made the following: 1 APHC010246392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12386/2025 Between: ...PETITIONER Parlapalli Narayana Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1.GP FOR REVENUE / 2 / V THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12386/2025 This Court made the following ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief: “to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent authorities in notice vide R.C.B.No.91/2023, dated 08.04.2025 to dispossess the petitioner from his extent of Ac.2.44 cents situated at Agricultural land in Survey No.249 to an Nallapalem Village, Tadiparthi Panchayat, Podalakuru Mandal, SPSR Nellore District without taking into consideration of our reply against the notice issued by the 4‘^ respondent and without following due process of la'w is illegal, arbitrany, violative of principles of natural justice and against the Article 21 of the Constitution of India and consequently direct the Respondent authorities not to dispossess the petitioner from his landed property in Survey No.249 to an extent of Ac.2.44 cents situated at Nallapalem Village, Tadiparthi Panchayat, Podalakuru Mandal, SPSR Nellore District and pass..” Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the explanation dated 22.04.2025 of the Petitioner 2. to the notice bearing No.RCB.91/2023, dated 08.04.2025. Learned Government Pleader for Revenue readily agreed to dispose of the explanation dated 22.04.2025 of the Petitioner, if any pending with the authorities. 3. 3 In view of the submission of the learned 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 or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the explanation dated 22.04.2025 of the Petitioner, this Court find no other alternative except 4. to issue such direction. In the result, the writ petition is disposed of, directing the respondents to consider the explanation dated 22.04.2025 of the Petitioner and pass appropriate orders within a period of three (3) months from the date of receipt of a copy of this order. Till then status-quo obtaining as on today shall be maintained by all the parties concerned. No costs. 5. Consequently, interlocutory applications pending, if any, shall also stand closed. SD/- V.DIWAKAR deputy REGISTRAR //TRUE COPY// SECTION OFFICER ^ •5^ To. The Principal Secretary, State of Andhra Pradesh, Revenue Department Secretariat, Veiagapudi, Amaravathi, Guntur District. A.P. (BY SPECIALMESSENGER) The District Collector, Nellore SPSR Nellore District, A.P. The Revenue Divisional Officer, Nellore, SPSR Nellore District. The Tahsildar, Podalakur Mandal, SPSR Nellore District, A.P (Addressee Nos.2 to 4 BY RPAD) One CC to SRI. AKKEM SRIHARIVIRAT Advocate [OPUC] Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. 7. ✓ HIGH COURT DATED:06/05/2025 ORDER ^OfANOS^ /S’ 5 ? 4 SEP 2025 i 4£?SPATCtt^^ WP.No. 12386 of 2025 DISPOSSING THE WRIT PETITIION