IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION MO: 4132 OF 2025 Between: 1. Lanka Venkata Ramana Murthy, S/o Krishnama Naidu, Aged about 60 years, Occ: Agriculture, /o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. Kalisetty Narayana Rao, S/o Tata, Aged about 55 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal Vizianagaram District. Siripurapu Papa Rao, S/o Suri, Aged about 60 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. KunukuPentaiah, S/o Narayanappadu, Aged about 45 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal Vizianagaram District. Siripurapu Narsimhulu, S/o Suri, Aged about 40 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal Vizianagaram District. K. Seethaiah, S/o Appanna, Aged about 45 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. Kalisetty Appala Naidu, S/o Sanyasi, Aged about 50 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal Vizianagaram District. KunukuSatyam, S/o Narayana, Aged about 55 years, Occ: Agriculture, 2. 3. 4. 5. 6. 7. I 8. R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 9. KunukuAppala Naidu, S/o Narayana, Aged about 60 years, Occ; Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 10. Kunuku Appala Narasayya, S/o Tata, Aged about 56 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 11. KunukuAppala Naidu, S/o Satyam, Aged about 53 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 12. Kalisetti Appala Naidu, S/o Narayana, Aged about 50 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 13. Kalisetti Somu, S/o Appanna, Aged about 60 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 14. KunukuRamu, S/o Narayana Rao, Aged about 54 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 15. Kunuku Narasaiah, S/o Appala Swamy, Aged about 52 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 16. KunukuNarayanappadu, S/o Papaiah Aged about 45 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 17. KunukuYerriaiah, S/o Appala Swamy, Aged about 51 years, Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 5 u 18. KunukuPeda Yerriaiah, S/o Not known Aged about 45 years, Ooc: AglnTure R/o Gunkalam Village, Viziatiagaram Mandal, Vizianagaram District. 19. KalisettyAppala Naidu, S/o Tata Aged about 49 years, Occ: Agriculture, R/O Gunkalam Village. Vizianagaram Mandal, Vizianagaram District. 20. KunukuSatyababu, S/o Satyam, Aged about 40 years. Occ; Agriculture. R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. 21. L. Jaggu Naidu. S/o Venkata Ramanaiah. Aged about 45 years. Occ: Agriculture, R/o Gunkalam Village, Vizianagaram Mandal, Vizianagaram District. ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Vizianagaram District at Vizianagaram. 3. The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 4. The Tahsildar, Vizianagaram Mandal, Vizianagaram District. 5. Manyala Lakshmana Rao., S/o Late Bangarayya, aged about 70 years, Occ: Agriculture, R/o D.No.11-40, Raju Street, Gajula Rega, Vizianagaram Mandal, Vizianagaram District. 6. Sirapurapu Appala Naidu, S/o Late Surayya, aged about 40 years, R/o D.No.8-20-9/3, Balaji Nagar, Vizianagaram, Vizianagaram District....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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents, particularly the action of the 4th respondent in conducting Enquiry by initiating notice vide Rc.No.4 of 2024/A/dated 03.02.2025 in respect of the property situated in Sy.No.439/10, of an extent of Ac.4.50 cents, Gunkalam Village, Vizianagaram Mandal, Vizianagaram District, as illegal, arbitrary against the principles of natural justice despite the matter is subjudice in the W.P. No. 12718 of 2019 before this Hon’ble Court and also against the principles of natural justice and violation of articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Enquiry in Rc.No.04/ 2024/A/dated 03.02.2025. 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 Respondents not to proceed further in Rc.No.04/ 2024/A/dated 03.02.2025, pending disposal of the above Writ Petition. lA NO: 2 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 Respondents not to dispossess the petitioners from the subject land i.e. an extent of Ac 4.50 cents,Sy No 439/10 of Gunkalam Village, Vizianagaram Mandal, Vizianagaram District, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI. BONU RAMA SHANKAR RAO Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: ::l:: ,lfe APHC010080442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4132/2025 Between: Lanka Venkata Ramana Murthy and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1.GP FOR REVENUE ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4132/2025 V/ The Court made the following: ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners for the following relief; “..to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the Respondents particularly the action of the 4‘^ respondent in conducting Enquiry by initiating notice vide Rc No.4 of 2024/A/dated 03.02.2025 in respect of the property situated in Sy.No 439/10 to an extent of Ac 4.50 cents, Gunkalam Village, Vizianagaram Mandal, Vizianagaram District, as illegal, arbitrary against the principles of natural justice despite the matter is sub-judice in the W.P.No.12718 of 2019 before this Hon’ble Court and also against the principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Enquiry in Rc.No.04/ 2024//Vdated 03.02.2025 and pass .” Though the petitioners made several allegations against the 2. respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation of the Petitioners. 3. Learned Government Pleader for Revenue readily agreed to dispose of the representation of the petitioners, if any pending with the authorities. J In view of the submission of the learned Government Pleader for 4. 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 3 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 petitioners himself requested to issue a direction to dispose of the representation, this Court find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the petitioners to submit their representation/explanation to the notice dated 03.02.2025 issued by the Respondent No.4 within a period of two (2) weeks from the date of receipt of a copy of this order with all relevant documents to prove their possession over the subject property and upon such representation/explanation, the respondent authorities shall pass appropriate orders in accordance with law within a period of two (2) months thereafter. Till such time, the Respondents are directed not to dispossess the petitioners from the subject land, without following due process of law. No costs. 5. Consequently, interlocutory applications pending, if any, shall also stand closed. ^ 2019 (8) SCALE 544 Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Vizianagaram District at Vizianagaram. The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. The Tahsildar, Vizianagaram Mandal, Vizianagaram District. 3. 4. 5. One CC to Sri. Bonu Rama Shankar Rao Advocate [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] Three CD Copies 6. 7. GSC A HIGH COURT DATED:19/03/2025 ORDER WP.No.4132 of 2025 g oaAfitww I ^ Current Seetlon ^ DISPOSING OF THE WP WITHOUT COSTS