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High Court of Andhra Pradesh · body

2025 DAILYLAW 56557 (AP)

YALAGADA NAGESWARA RAO v. MIRITHIWADA SANJEEVA REDDY

CRP/2946/2025 · 2025-11-06

Battu Devanand

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010508922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 2946/2025 Between: 1. YALAGADA NAGESWARA RAO, , S/O. LATEAYYANNA, AGED 45 YEARS, CASTE BY KONDA DORA (ST), INDUKURU VILLAGE AND PANCHAYAT, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. MIRITHIWADA SANJEEVA REDDY, S/O CHITTABAI REDDY, DANDANGI VILLAGE, CH.RAMANAYAPETA PANCHAYAT, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. 2. CHALUVADI RAMAKRISHNA PRASAD, S/O VENKATA SEETHYAYA, R/O. CHINTHALAPALEM VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 3. CHALUVADI VENKATA SUBRAMANYESWARA RAO, S/O VENKATA SEETHAYYA, R/O. CHINTHALAPALEM VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 4. VOLETI SUDHAKAR, S/O VENKATA SUBBAYYA, MOGALLURU VILLAGE, VELIGANDHAM MANDAT PRAKASAM DISTRICT. 5. GARAPATI MURALI KRISHNA, S/O. LATE VEERRAJU, INDUKURUPETA VILLAGE AND PANCHAYAT, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. 6. MALLIPUDI BURAYYA NALLA ABBULU, S/O MANGA RAJU, M. RAVILANKA VILLAGE, INDUKURU PANCHAYAT, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. 7. SRI K SURESH SABU THE THEN TAHSILDAR, BOMMURU VILLAGE, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT. 2 8. THE TAHSILDAR, CAMP OFFICE INDUKURUPETA VILLAGE, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. 9. THE VILLAGE REVENUE OFFICER, INDUKURU, DEVIPATNAM MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toBeing aggrieved by the non-disposal of the suit in O.S. No. 9 of 2020 before the Agent to Government and District Collector, East Godavari District at Kakinada, the above-named petitioner prefers this Memorandum of Civil Revision Petition for the following among other IA 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 pleased to dispense with filing of certified copy of Docket Proceedings passed in O.S. No. 9 of 2020 pending on the file of Agent to Government and District Collector, East Godavari District at Kakinada, and to receive the main CRP on file, in the interests of justice and pass Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.2946 of 2025 ORDER: This Civil Revision Petition has been filed aggrieved by the non-disposal of the suit in O.S.No.9 of 2020, pendingbefore the Agent to Government and District Collector, East Godavari District at Kakinada. 2. Heard learned counsel for the petitioner and perused the material available on record. 3. The petitioner filed a suit in O.S.No.9 of 2020 before the Agent to Government and District Collector, East Godavari District at Kakinada against the respondents, seeking eviction of respondent Nos.1 to 6 and for possession of the scheduled land and for correction of the entries made in web land made by the respondent Nos.8 and 9. After filing the suit, a notice dated 27.03.2021 was sent to all parties in the suit notifying the date of hearing as on 17.04.2021. On that day, the petitioner appeared before the District Collector and the matter is adjourned. The respondents therein also filed their written statements. Thereafter, for the last five years that suit was not taken up for trial or no proceedings were conducted for adjudication of the same. The Agent to the Government and District Collector, East Godavari at Kakinada originally stated that the suit will be taken up for trial in due course, but there has been no progress in the suit till now. Under these circumstances, 4 the petitioner approached this Court in filing this Civil Revision Petition seeking appropriate orders for early disposal of the suit in O.S.No.9 of 2020. 4. Having considered the facts and circumstances of the case, it appears that it is an admitted fact that the suit in O.S.No.9 of 2020 is pending before the Agent to Government and District Collector, East Godavari at Kakinada from the year 2020. Though at one instance, notices were issued to the respondents therein on 27.03.2021, as per the contention of the petitioner, the said suit has not been adjudicated till now since 17.04.2021. Till date, no steps have been taken. 5. In the above factual position, this Court is of the view that, it is appropriate and desirable to direct the Agent to Government and District Collector, East Godavari at Kakinada to dispose of the suit in O.S.No.9 of 2020 pending on his file, as expeditiously as possible, in the interest of justice. 6. Accordingly, the Civil Revision Petition is disposed of, with a direction to the Agent to Government and District Collector, East Godavari at Kakinada to dispose of the suit in O.S.No.9 of 2020 pending on his file, in accordance with law,as early as possible, preferably within a period of three (03) months from the date of receipt of a copy of the order. 7. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date:07.11.2025 SCS 6 183 THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO.2946 of 2025 Dt.07.11.2025 SCS