APHC010048652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2731/2025 Between: PallapuAnkamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DR G V RAVI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2731 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “…to issue a writ, order or Direction more particularly one in the nature of Writ of Mandamus declare the acting of the 3rd Respondent in not deciding the Appeal bearing No.Rc.E.5/1583/2017 dated 4.9.2017 got filed against the order of the 4TH respondent vide proceedings No D.Dis(H) 3193/2016 dated 3.8.2017 with regard to an extent of land allotted to the petitioners mother to an extent of Ac.0-99 cents in Sy.No.398/5 and an extent of Ac.0.99 cents in Sy.No.398/6 of Nagasamudram village, Kanigiri Mandal, SPSR Nellore district as illegal, arbitrary, improper and violation of principles of natural justice and to pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein preferred an Appeal before the 3rd respondent/ Joint Collector assailing the orders passed by respondent No.4 on 04.09.2017. He further submits that even though more than seven years were already elapsed, for one reason or the other, respondent No.3 not disposed of the Appeal preferred by the petitioner despite receipt of notice dated 16.03.2023. Learned counsel for the petitioner further submits that on the guise of civil proceedings pending between the petitioner and respondent No.6, respondent No.3 kept quite without deciding the Appeal. Aggrieved by the same, the petitioner filed the present writ petition. 4. On the other hand, learned Government Pleader for Revenue appearing for the respondents furnished written instructions dated 04.02.2025 issued by the respondents, wherein, it is stated that the Appeal preferred by the petitioner was not considered only due to civil proceedings which are pending between the petitioner and respondent No.6. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, without going into the merits of the case, it is observed that in view of the pending civil proceedings between the petitioner and respondent No.6, the appeal preferred by the petitioner was not considered by respondent No.3, is contrary to the settled preposition of law. Until and unless, respondent No.3 is restrained by way of express order of the Court below, respondent No.3 is entitled to proceed further in accordance with law. As such, the Appeal pending before authority shall dispose of the same as per the time line fixed under the provisions of the Act. 6. In view of the foregoing discussion, the present writ petition is disposed of, with a direction to respondent No.3 to consider and dispose of the Appeal dated 04.09.2017 preferred by the petitioner and pass appropriate orders, after providing opportunity of hearing to both the parties, as early as possible, much less, not more than three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 05.02.2025 BSP 414 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2731 of 2025 05.02.2025 BSP