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APHC010350782025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO:17928 OF 2025
Between:
1. MANDAPATI MANI KUMAR, S/o (L) Satyanrayana male,age about 62 years, Occ Agriculture, residing at Akkampeta village,Jangareddygudem mandal. West Godavari District - 534 448 State of Andhra Pradesh Ceii no 86887 84595 ...Petitioner AND
1. State of AP, Represented by its Principal Secretary, Department of Tribal Welfare, Secretariat Building, Velagapudi, Guntur District
2. AGENT TO Government cum district collector, Eluru District, At Eluru, erstwhiie west Godavari District, AP. 3. PO ITDA, Buttaigudem Mandal, West Godavari District
4. MANDAPATI MUKKAIAH, S/O (L) Satyanarayana, aged about 72 years, profession agricuiture, resident of Akkampeta viilage, Jangreddygudem Mandal, State of Andhra Pradesh - 534 448
5. MANDAPATI POTHANA, S/O (L) Satyanarayana, aged about 70 years, profession agriculture, resident of Akkampeta village, Jangreddygudem Mandal, State of Andhra Pradesh - 534 448
6. MANDAPATI PARTHASARADHI, S/O (L) Ramchandra rao, aged about 45 years, profession agriculture, resident of Akkampeta viiiage, Jangreddygudem Mandal, State of Andhra Pradesh - 534 448
7. MADDIPATIDHANALAKSHMI, W/o Srinivas Rao, aged about 55 years, profession Housewife, resident of Akkampeta viiiage, Jangreddygudem Mandal, State of Andhra Pradesh - 534 448
SRK, J W.P.No.17928 of 2025
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8. MANDAPATI KOTESWARI, W/O Parthasaradhi, female, aged about 40 years, occ Housewife, resident of Akkampeta village. Jangreddygudem Mandal, State of Andhra Pradesh - 534 448
9. YERRAMSETTI RAJYALAKSHMI, W/o Jagga Rao, aged about 55 years, female, Profession housewife, Bhimadole, Dwaraka Tirumala Mandal, West Godavari district. State of Andhra Pradesh
10. PASUPULETI AMMALLU, W/o Satyanarayana, aged about 53 years, female. Profession housewife, IS Jagannatha Puram, Koyyalagudem Mandal, West Godavari district. State of Andhra Pradesh,
11. DOREPALLI VARALAKSHMI, W/o Subramanyam, aged about 50 years, female. Profession housewife, Akkampeta village, Jaggareddygudem Mandal, State of Andhra Pradesh, 534448
12. THOTAKURA SATYAVATHI, w/o Srinivas Rao aged about 47 years,
female, resident of Nallagopuvarigudem, Karmavarapukota Mandal, Jangreddygudem Mandal, State of Andhra Pradesh 534 448
13. MANDAPATI GANESH KUMAR, S/o Madhava Rao, aged about 35 years, male, agriculture, resident of Akkampeta village, Jangreddygudem Mandal, State of Andhra Pradesh -534 448
14.
MIRIYALA MAYURI, W/o Prasad d/o Madhava Rao, female, housewife, aged about 30 years, resident of Kakinada, East Godavari District State of Andhra Pradesh 534 448
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, this Hon'ble Court may be pleased to issue an Order or Direction or a Writ more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.l in not fixing the next date of hearing the OS No. 8/2023/F2, since December 2024, till date and not taking any steps to dispose of the pending suit, as illegal, arbitrary consequently direct the respondent No.l to transfer the OS No.8/2023/F2 PO ITDA, Buttaigudem Mandal, for the just and speedy disposal of the suit. Counsel for the Petitioner: KOLLURU SATISH
Counsel for the Respondents: GP FOR SOCIAL WELFARE
SRK, J W.P.No.17928 of 2025
3 The Court made the following ORDER:
The present Writ Petition has been filed seeking to declare the action of respondent Nos.1 and 2 in not fixing the date of hearing in OS No.8/2023/F2 since December, 2024 and not taking any steps to dispose of the said suit, as illegal and arbitrary, and consequently direct respondent No.1 to transfer the said suit to PO, ITDA, Buttaigudem Mandal, for just and speedy disposal of the suit. 2. Case of the petitioner is that he and his brothers belong to agency area and their ancestral properties i.e. RS No.4 admeasuring Ac.13.17 cents; RS No.5 admeasuring Ac.7.89 cents; RS No.6 admeasuring Ac.2.98 cents; RS No.75-2 admeasuring Ac.1.69 cents; RS No.81-5 admeasuring Ac.4.19 cents; RS No.9 admeasuring Ac.0.12 cents, totaling to Ac.30.04 cents, situated at Akkampeta village, Jangareddygudem Mandal, are situated in the agency area. After demise of the father of the petitioner herein, the said properties devolved upon the petitioner, his brothers and legal heirs of his brothers.
As the lands are situated in agency area, the petitioner filed a suit for partition in OS No.8/2023/F2 before 2nd respondent- Agent to Government- cum-District Collector, in the month of August, 2023. Grievance of the petitioner is that though the suit was filed in the year 2023, till date the same has not been taken up for disposal and the Presiding Officer is busy in the administrative activities of the District. Hence, he filed the present Writ Petition seeking transfer of OS No.8/2023/F2 from the file of 2nd respondent-Agent to Government-cum-District Collector, Eluru district, at Eluru to the
SRK, J W.P.No.17928 of 2025
4 file of 3rd respondent-PO, ITDA, Buttaiguda Mandal, Eluru district for speedy disposal of the suit. 3. Today, when the matter came up for hearing, learned counsel for the petitioner submits that subsequent to filing of the present Writ Petition, the suit in OS No.8/2023/F2 was transferred from the file of 2nd respondent-Agent to Government-cum-District Collector, Eluru district, at Eluru to the file of 3rd respondent-PO, ITDA, Buttaiguda Mandal. However, grievance of the petitioner is that till date the said suit has not been taken up for hearing. Hence, he seeks a direction for speedy disposal of the said suit. 4. In view of the aforesaid facts and circumstances and since the suit pertains to the year 2023 and till date, hearing has not taken place, 3rd respondent – PO, ITDA, Buttaiguda Mandal is hereby directed to dispose of the said suit in OS No.8/2023/F2, in accordance with law, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:29.10.2025 Nsr
SRK, J W.P.No.17928 of 2025
5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.17928 of 2025
Date:29.10.2025
Nsr