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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAWIANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3223 OF 2025 Between:
1. Chebrolu Issack, S/o Abraham, aged about 55 years, R/o. D. No. 1/20339P, Pollasubbaiah Colony, Markapur, Prakasam District
2. Nalluri Prabhakar, S/o Yellaiah, Aged about 56 years, R/o Markapur, Prakasam District
3. Bonuri Krishnaveni, W/o Bala Swamy, Aged about 53 years R/o College Road, Markapur, Prakasam District
4. Nisinam Chenna Kesavulu, S/o Chennaiah, aged about 61 years, R/o SC BC Colony, Markapur, Prakasam District
5. Nisinam Bala Veeraiah, S/o Somaiah, Aged about 45 years, R/o. Pola Subbaiah Colony, Markapur, Prakasam District
6. Adimulapu Bhaskar, S/o Benjiman, Aged about 55 years, R/o. Pola Subbaiah Colony, Markapur, Prakasam District
7. Darivemuta Abrahams Ravikumar, S/o Abinizer, Aged about 45 years, R/o ABM Palem, Markapur, Prakasam District
8. Nisinam Devaiah, S/o Cbenchaiah, Aged about 71 years, R/o H Nd 1203A118, S C B C Colony, Markapur, Prakasam District
9. Mukkirapu Sarojamma, W/o Baburao Rep by Nishinam Devaiah S/o Papaiah, Aged about 74 years, R/o. D No 1203A81, S C B C Colony, Markapur, Prakasam District ...PETITIONERS AND
1. State of Andhra Pradesh, Rep by its Principle Secretary, Revenue, Secretariat, Velagapudi, Amaravathi
2. The District Collector, Prakasam District, Ongole, Prakasam District
3. The Revenue Divisional Officer, Markapur, Markapur, Prakasam District
4. The Tahsildhar, Markapur Mandal, Markapur, Prakaasam District
5. PerumaHa Srinivasa Rao, S/o Veeraiah, Aged about 56 years, R/o D No 7325 Peram Bazar, 7'^ Ward, Markapur, Prakasam District
6. Nukala Murali Krishna, S/o Chenehaiah, aged about 36 years, R/o Flat No 305 Akruti Nivas D No 721764 and 1765 Czech Colony, Sanath Nagar, Hyderabad
7. Tallapally Prasad, S/o. Adinarayana, aged about 56 years, R/o 7‘^ ward, Markapur, Prakasam District
8. W S Malhkharjuna Rao, S/o Subramanyam, aged about 61 years, R/o D No 619 6^'' Ward, Markapur, Prakasam District
9. Nagabhairava Medhini Devi, W/o Ravindranath Tagore, aged about 76 years, R/o Flat No 303 K K Heights Apartment, D No 1053/4, Masabtank Hyderabad, Telangana
10. Kodali Vidullatha, W/o Ramakrishna, aged about 53 years, R/o Flat No 303 K K Heights Apartment, D No 1053/4, Masabtank Hyderabad Telangana
11. Veligandia Sai Poorna, W/o Venkataramana, aged about 50 D No 40, Magadha Village C B I T Gandhipet Road.
Kokapet, Hyderabad years, R/o ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ order or direction more particularly Writ in the nature of mandamus, deciaring the action of the respondents particularly the Respondent No.2 for non compliance the
order of this Hon’ble Court in W.P. No. 6816 of 2023, dt. 20.03.2023 as illegal, arbitrary, and violation of principles of natural justice, consequently direct the respondents not to dispossess the Petitioners from their respective lands in Sy.No.1475 the extent of Ac. 4.73 cents. Sy No.1476 the extent of Ac. 4.73
cents, Sy No. 1477 the extent of Ac. 3.82 Ac 3.80 cent.<5, .Sy No. 1479 the extent of extent of Ac. 4.98 cents. Sy No. 1481 the extent of Ac. 4.99 cents. Sy No: 1482 the extent of Ac. 5.09 cents, Sy No. 1483 the totafly an extent of Ac. 41.58 cents out of Markapur Village and Mandal, Prakasam District. cents, Sy No. 1478 the extent of Ac. 3.97 cents, Sy No. 1480 the extent of Ac. 5.05 cents, Ac. 105.17 cents situated at lA NQ: 1 OF 207.^ 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 grant interim direction directing the respondents herein not td dispossess the petitioners from their the main Writ Petition. respective lands, pending disposal of Counsel for the Petitioners: SRI K. LAXMANA SASTRY Counsel for the Respondent Nos.1 to 4:SRI K.ARJUN AGP FOR REVENUE CHOWDHARY, Counsel for the Respondent Nos.5 to 8:SMT.
Counsel for the Respondent Nos.9 to 11:-- The Court made the following: ORDER NI MMAGADDA REVATHI
/ / APHC010056282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3223/2025 Between:
1.CHEBROLU ISSACK,, S/O ABRAHAM AGED ABOUT 55 YEARS R/O D NO 1/20339P POLLASUBBAIAH COLONY MARKAPUR PRAKASAM DISTRICT 2.NALLURI PRABHAKAR,, S/O YELLAIAH AGED ABOUT 56 YEARS R/O MARKAPUR PRAKASAM DISTRICT 3.BONURI KRISHNAVENI W/0 BALA SWAMY AGED ABOUT 53 YEARS R/O COLLEGE ROAD MARKAPUR PRAKASAM DISTRICT )) 4.NISINAM CHENNA KESAVULU,, S/O CHENNAIAH AGED ABOUT 61 YEARS R/O SC BC COLONY MARKAPUR PRAKASAM DISTRICT 5.NISINAM BALA VEERAIAH,, S/O SOMAIAH AGED ABOUT 45 YEARS R/O POLA SUBBAIAH COLONY MARKAPUR PRAKASAM DISTRICT 6.ADIMULAPU BHASKAR,, S/O BENJIMAN AGED ABOUT 55 YEARS R/O POLA SUBBAIAH COLONY MARKAPUR PRAKASAM DISTRICT 7.DARIVEMULA ABRAHAMS RAVIKUMAR ABOUT 45 YEARS DISTRICT S/O ABINIZER AGED RJO ABM PALEM MARKAPUR PRAKASAM 1 i 8.NISINAM DEVAIAH, S/O CHENCHAIAH AGED ABOUT 71 YEARS R/O 1203A118 S C B C COLONY MARKAPUR PRAKASAM H NO DISTRICT 9.MUKKIRAPU SAROJAMMA,, W/0 BABURAO REP BY NISHINAM PAPAIAH AGED ABOUT 74 YEARS R/O D NO DEVAIAH S/O
T
" 2 1203A81 S C B C COLONY MARKAPUR PRAKASAM DISTRICT PFTiTIONFR(S) AND
1. STATE OF ANDHRA PRADESH SECRETARY REVENUE AMARAVATHI REP BY ITS PRINCIPLE SECRETARIAT VELAGAPUDI
2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT ONGOLE PRAKASAM DISTRICT
3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR MARKAPUR PRAKASAM DISTRICT
4. THE TAHSILDHAR, , MARKAPUR MANDAL MARKAPUR PRAKAASAM DISTRICT
5. PERUMALLA SRINIVASA RAO, S/0 VEERAIAH AGED ABOUT 56 YEARS R/O D NO 7325 PERAM BAZAR 7TH WARD MARKAPUR PRAKASAM DISTRICT
6. NUKALA MURALI KRISHNA, S/0 CHENEHAIAH AGED ABOUT 36 YEARS R/O FLAT NO 305 AKRUTI NIVAS D NO 721764 AND 1765 CZECH COLONY SANATH NAGAR HYDERABAD
7. TALLAPALLY PRASAD, SIB ADINARAYANA AGED ABOUT 56 YEARS R/O 7TH WARD MARKAPUR PRAKASAM DISTRICT
8. W S MALLIKHARJUNA RAO, S/0 SUBRAMANYAM AGED ABOUT 61 YEARS R/O D NO 619 6TII WARD MARKAPUR PRAKASAM DISTRICT
9.
NAGABHAIRAVA MEDHINI DEVI, W/0 RAVINDRANATH TAGORE AGED ABOUT 76 YEARS R/O FLAT NO 303 K K HEIGHTS APARTMENT D NO 1053/4 TELANGANA MASABTANK HYDERABAD 10.KODALI VIDULLATHA, W/0 RAMAKRISHNA AGED ABOUT 53 YEARS R/O FLAT NO 303 K K HEIGHTS APARTMENT D NO 1053/4 MASABTANK HYDERABAD TELANGANA 11.VELIGANDIA SAI POORNA, W/0 VENKATARAMANA AGED ABOUT 50 YEARS R/O D NO 40 MAGADHA VILLAGE C B I T GANDHIPET
3 ROADKOKAPET HYDERABAD ...RESPONDENT(S): Counsel for the Petitioner(S):
1. K LAXMANA SASTRY Counsel for the Respondent(S):
1.GP FOR REVENUE 2.NIMMAGADDA REVATHI The Court made the following ORAL ORDER: Heard Sri K. Laxmana Sastry, learned Counsel for the Writ Petitioners (appearing through video conference): Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration and Smt. Nimmagadda Revathi, learned Counsel for the Unofficial Respondent Nos.5 to
8. 2. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Order passed by the Learned Single Judge of this Court in W.P.No.6816 of 2023. By Order dated 20.03.2023 (Ex.P.5), Learned Single Judge of this court had directed as under:
“7. In view of the above said facts and circumstances, the 2nd respondent is directed to consider and dispose of the revision petition bearing No.E-7/297353 of 2021, dated 07.07.2021 as expeditiously as possible, strictly in accordance with law, by hearing all the parties concerned including the petitioners and the unofficial respondent herein along with the official respondents therein and by verification of the subject land and pass appropriate orders shall be passed strictly in accordance with law, preferably within a period of four (04) months from the date of receipt of this
order. Any interim relief also can be sought from the said authority.”
3. It is the submission of the learned Counsel for the Writ Petitioners that, while direction as mentioned by this Court in W.P.No.6816 of 2023 dated 20.03.2023 (Ex.P.5) for expeditious disposat of the Revision Petition, which is pending before the District Collector, Prakasam pistrict (Respondent No.2),
4 the Respondent No.2 has not evinced any interest in compliance with the
Order of this Court by di.spnsing of thp same at the earliest.
4. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Revision Petition filed by the Writ Petitioner bearing No. E-7/297353of2021 (Ex.P.4).
5. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted the Written Instructions furnished by the Collector, Prakasam District dated 06.02.2025. Copy of it is not supplied to the learned Counsel for the Writ Petitioners because he is appearing through online. The same is taken on record.
6. SI.No.6 of the Written Instruction is usefully extracted hereunder; 6 Reasons why application could not be considered The Revision Petition filed by petitioner is hearing underwent several hearing and adjournments before the Joint Collector's Court on 05.08.2023, 30.09.2023, 21.10.2023, 18.11.2023,
25.11.2023. 06.09.2024, 28.09.2024, 19.10.2024, 26.10.2024 & 30.11.2024 and each hearing stage both parties are requested to give one more adjournment to file the additional counter, hence the Revision Petition is not disposed within the stipulated time, at present the Revision petition is posted on 15.02.2025 and it will be
disposed within three months by providing a reasonable opportunity to the Writ Petitioner and other interested parties.
7. The above extract would indicate that in pursuance of the Order of this Court dated 20.03.2023 in W.P.No.6816 of 2023 (Ex.P.5). the District Collector has posted the matter for more than ten occasions and that on every occasion both the parties have been seeking adjournment, which is the reason the Revision Petition could not be disposed of.
8. Smt. Nimmagadda Revathi,
learned Counsel for the Unofficial Respondent Nos.5 to 8 submits that the Unofficial Respondent No.5 herein had filed O.S.No.3 of 2025^ on the file oj/ VI Additional District Judge,
Ki. 5 Markapur, seeking declaration of title and consequential recovery of possession along with the Interlocutory Application. 1^' ?
9. Having regard to the facts and circumstances of the case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with the following directions; a) The Writ Petitioners as well as the Unofficial Respondents are
directed to co-operate with the enquiry pending before the Respondent No.2 in Revision Petition bearing No.E-7/297353 of
2021. b) There shall be direction to the Respondent No.2 not to grant further adjournments under any circumstances whatsoever. Respondent No.2 is directed to take up this matter on day-to-day basis and complete the enquiry within a period of 12 weeks from today and within another two weeks thereafter, pass a Speaking
Order in accordance with law and communicate copy of such
Order to all the parties including Writ Petitioners forthwith, c) Writ Petitioners are directed to submit a copy of this Order to the Respondent No.2 for immediate compliance within one week from today, d) All the parties including Official and Unofficial Respondents are
directed to maintain Status quo obtaining as on today till the disposal of the Revision Petition by the Respondent No.2. e) The Interim Orders and directions issued by this Court shall not preclude the Trial Court in dealing with the Suit as well as I.A on merit. lO.With these observations and directions, this Writ Petition stands
disposed of. No order as to costs. ,
11 .interlocutory Applications, if any. stand closed in terms of this order. / Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, BECTl OFFICER
1. Chebrolu Issack, S/o Abraham aged about 55 years, R/o. D. No. 1/20339P, Pollasubbaiah Colony, Markapur. Prakasam
2. Nailuri Prabhakar, S/o Yellaiah District Aged about 56 years. R/o Markapur, Prakasam District
3. Bonuri Krishnaveni. W/o Bala Swamy, Aged about Road, Markapur. Prakasam District
4. Nisinam Chenna Kesavulu, S/o Chennaiah, SC BC Colony, Markapur, Prakasam District
5. Nisinam Bala Veeraiah, S/o Somaiah, Aged about 45 years, R/o. Pola Subbaiah Colony, Markapur, Prakasam District
6. Adimulapu Bhaskar. S/o Benjiman, Aged about 55 years, R/o. Pola Subbaiah Colony, Markapur, Prakasam
7. Darivemula Abrahams Ravikumar, R/o ABM Palem, Markapur, Prakasam District
8. Nisinam Devaiah, S/o Chenchaiah, Aged about 71 years, R/o H No 1203A118, S C B C Colony, Markapur, Prakasam
9. Mukkirapu Sarojamma, W/o Baburao Papaiah, Aged about 74 Markapur, Prakasam District
10. The Principle Secretary. Revenue Department. Pradesh, Secretariat, Velagapudi. Amaravati
11. The District Collector, Prakasam District, District(BY SPEED POST)
12. The Revenue Divisional Officer, RPAD)
13. The Tahsildhar, Markapur Mandal, RPAD) 53 years R/o College aged about 61 years, R/d District S/o Abinizer, Aged about 45 years; District Rep by Nishinam Devaiah S/o years, R/o. D No 1203A81, S C B C Colony, State of Andhra , Guntur. Ongole, Prakasam Markapur. Prakasam DistrictfBY Markapur, Prakaasam District (BY
■/' /
14. Pemmalla Simivasa Rao, S/o Veeraiah. Aged about 56 years, R/o D No 7325 Peram Bazar, 7'*" Ward, Markapur, Prakasam District
15. Nukala Murali Krishna, S/o Chenehaiah No 305 Akruti Nivas D No 721764 and 1765 Czech Nagar, Hyderabad
16. Tallapally Prasad, S/o. Adinarayana, aged about 56 ward, Markapur, Prakasam District
17. W S Mallikharjuna Rao, S/o Subramanyam, aged about 61 D No 619 6'^ Ward, Markapur, Prakasam District
18. Nagabhairava Medhini Devi, W/o Ravindranath Tagore years, R/o Flat No 303 K K Heights Apartment, D No 1053/4, Masabtank Hyderabad, Telangana
19. Kodali Vidullatha, W/o Ramakrishna, aged about 53 303 K K Heights Apartment, D No 1053/4. Masabtank Hyderabad Telangana aged about 36 years, R/o Flat Colony, Sanath th years, R/o 7 years, R/o aged about 76 years, R/o Flat No
20. Veligandia Sai Poorna, W/o Venkataramana aged about 50 years, R/o D No 40. Magadha Village C B I T Gandhipet Road, Kokapet. Hyderabad
21.
One CC to Sri K. Laxmana Sastry. Advocate [OPUC]
22. One CC to Smt. Nimmagadda Revathi, Advocate[OPUC]
23. Two CCs to GP for Revenue, High Court of Andhra
24. Three CD Copies. Pradesh. [OUT] ssb
HIGH COURT DATED:11/02/2025 o\
ORDER X 1 3 FEB 2025 ^ . Curreni oecuon V^^SPATqggr^ m WP.No.3223 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS