APHC010092712019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4166 OF 2019 Between; 1. R. Obul Reddy, S/o. Rami Reddy, Age 51 years, R/o. H.No.2-1684, Piler Village and Mandal, Chittor District. 2. K.M.Kamalulla Basha, S/o. Khasim Saheb, Age 62 years, Piler Village and Mandal, Chittor District. 3. Shaik Mastan Saheb, S/o. Lala Saheb, Age 56 years, R/o. H.No.10-56, Piler Village and Mandal, Chittor District. 4. S.Gouse Peer, S/o. Hasen Saheb, Age 56 years, R/o. H.No.11-12, Piler Village and Mandal, Chittor District. 5. A.Reddi Basha, S/o. Allabaksu, Age 40 years, R/o. H.No.6-19, Piler Village and Mandal, Chittor District. 6. S.Abdul Vazid, S/o. Late Abdul Khader, Age 61 years, R/o. H.No.9-740, Piler Village and Mandal, Chittor District. 7. A.Mastan Saheb, S/o. Buddan Saheb, Age 67 years, R/o. H.No.9-649, Piler Village and Mandal, Chittor District. 8. Sk.Jareena Bhanu, W/o. Alla Bakshu, Age 33 years, 734/1, Piler Village and Mandal, Chittor District. R/o. H.No.9- ...PETITIONERS AND of Andhra Pradesh, Rep. by Principal Secretary, ^ Panchayatraj Department, Secretariat Buildings, Velagapudi, Guntur, ^ Guntur District. I ^^"[he Joint Collector, Chittoor, Chittoor District. ‘ ^The Revenue Divisional officer, Madanapalli, Chittoor District. 1. The State 3. 4. The Tahsildar, Piler Mandal, Chittoor District. 5. The Divisional Panchayat Officer, Madanapalli, Chittoor District. Parishat Development Officer, (MPDO), Piler, Chittoor 6. The Mandal District. 7. Panchayath Secretary District. Piler Grampanchayat and Mandal, Chittoor ...RESPONDENTS Article 226 of the Constitution of India praying that in the Petition under circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue an order or direction more particularly one In the nature of Writ of mandamus declaring the action of the 7"’ respondent staff in dumping and around the petitioners agricultural 1974, 2043, 657-7, 659/3/2, 1975/2A1, Ac.1-21, 0.50, 1-58, 0-82.5, 3-55, 1-64, 0-54, 1-61 the debris/compost garbage in lands/plots in Sy.No.1971, 1972 657/8, 2043/1 admeasuring and 0-82.5 cents situated in Doddipalli and Yerraguntlapalli Village, Piler in the lands in Mandal of Chittoor District without dumping the same Sy.No.1616 & 44B admeasuring 14.66 cents situated Doddipalle & Piler Village and Mandal, Chittoor District which is debris/garbage., as illegal, arbitrary and unconstitutional and consequently direct the respondents 5 to 7 to dump the debris/compost garbage in the lands in Sy.No.1616 & 44B admeasuring 14.66 cents. allotted for dumping the lA NO: 1 OF 2019 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 to act upon the petitioners representations dt.08.01.2019 and pass appropriate orders in accordance with law. Counsel for the Petitioners: SRI G. VENKATA REDDY Counsel for the Respondent Nos. 1 & 5:GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7:SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010092712019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4166/2019 Between: 1.R O REDDY, S/0. RAMI REDDY, AGE 51 YEARS, R/0. H.NO.2-1684, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 2.K.M.KAMALULLA BASHA,, S/0. KHASIM SAHEB, AGE 62 YEARS, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 3.SHAIK MASTAN SAHEB,, S/0. LALA SAHEB, AGE 56 YEARS, R/0. H.NO.10-56, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 4.S.GOUSE PEER,, S/0. HASEN SAHEB, AGE 56 YEARS, R/0. H.N0.11-12, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 5.A.REDDI BASHA,, S/0. ALLABAKSU, AGE 40 YEARS, R/0. H.N0.6- 19, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 6.S.ABDUL VAZID,, S/0. LATE ABDUL KHADER, AGE 61 YEARS, R/0. H.NO.9-740, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 7.A.MASTAN SAHEB,, S/0. BUDDAN SAHEB, AGE 67 YEARS, R/0. H.NO.9-649, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. 8.SK.JAREENA BHANU,, W/0. ALLA BAKSHU, AGE 33 YEARS, R/0. H.NO.9-734/1, PILER VILLAGE AND MANDAL, CHITTOR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, CHITTOOR DISTRICT. 4.THE TAHSILDAR, PILER MANDAL, CHITTOOR DISTRICT. 5. THE DIVISIONAL PANCHAYAT OFFICER, MADANAPALLI, CHITTOOR DISTRICT. 6.THE MANDAL PARISHAT DEVELOPMENT OFFICER, (MPDO) FILER, CHITTOOR DISTRICT. 7.PANCHAYATH SECRETARY, PILER GRAMPANCHAYAT AND MANDAL,CHITTOORDISTICT. ...RESPONDENT(S): 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 topleased to issue an order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 7th respondent staff in 2 NV,J W.P.No.4166of 2019 dumping the debris/compost garbage in and around the petitioners agricultural lands/plots in Sy.No.1971, 1972, 1974, 2043, 657-7, 659/3/2, 1975/2A1, 657/8, 2043/1 admeasuring Ac.1-21, 0.50, 1-58, 0-82.5, 3-55, 1-64, 0-54, 1-61 and 0-82.5 cents situated in Doddipalli and Yerraguntlapalli Village, Filer Mandal of Chittoor District without dumping the same in the lands in Sy.No.1616 and 44B admeasuring 14.66 cents situated Doddipalle 86 Filer Village and Mandal, Chittoor District which is allotted for dumping the debris/garbage., as illegal, arbitrary and unconstitutional and consequently direct the respondents 5 to 7 to dump the debris/compost garbage in the lands in Sy.No.1616 and 44B admeasuring 14.66 cents lA NO: 1 OF 2019 Fetition under Section 151 CFC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to act upon the petitioners representations, dt.08.01.2019 and pass appropriate orders in accordance with law Counsel for the Petitioner(S): 1.G VENKATA REDDY Counsel for the Respondent(S): 1.GF FOR REVENUE (AP) 2.G SESHADRI(SC FOR MPP ZPP) 3.GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 NV,J W.P.No.4166 of 2019 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4166 OF 2019 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent staff in dumping the debris/compost garbage in and around the petitioners agricultural lands/plots in Sy.No.1971, 1972, 1974, 2043, 657-7, 659/3/2, 1975/2A1, 657/8, 2043/1 admeasuring Ac. 1-21, 0.50, 1-58, 0-82.5, 3-55, 1-64, 0-54, 1-61 and 0-82.5 cents situated in Doddipalli and Yerraguntlapalli Village, Filer Mandal of Chittoor District without dumping the same in the lands in Sy.No.1616 and 44B admeasuring 14.66 cents situated Doddipalle 86 Filer Village and Mandal, Chittoor District which is allotted for dumping the debris/garbage., as illegal, arbitrary and unconstitutional and consequently direct the respondents 5 to 7 to dump the debris/compost garbage in the lands in Sy.No.1616 and 44B admeasuring 14.66 cents” 2. Though the petitioners made several allegations against the 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 petitioner dated 08.01.2019, with a liberty to challenge the subsequent proceedings if any. 3. However, learned Assistant Government Fleader for Fanchayat Raj and Rural Development readily agreed to dispose of the representation of the petitioner dated 08.01.2019, if any pending with the authorities. 4 NV,J W.P.No.4166 of 2019 In view of the submission of the learned Panchayat Raj and Rural Development, I need not decide the truth or otherwise of the allegations made the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in 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 the respondents to dispose of the representation dated 08.01.2019, I find no other alternative except to issue such direction. 4. in The Government of India v. In the result, the writ petition is disposed of directing the respondents to consider and dispose of the representation dated 08.01.2019 made by the petitioners, in accordance with law, within four (04) weeks from today. The petitioner is at liberty to challenge the subsequent proceedings if any, if advised. No costs. 5. Consequently, miscellaneous petitions pending, if any, shall also stand 6. closed. ^ 2019 (8) SCALE 544 Sd/- Wl. SRINIVAS ASSIST //TRUE COPY// SECTION officer To, 1. The Principal Secretary, Panchayatraj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur, Guntur District. The Joint Collector, Chittoor, Chittoor District. The Revenue Divisional officer, Madanapalli, Chittoor District. The Tahsildar, Filer Mandal, Chittoor District. The Divisional Panchayat Officer, Madanapalli, Chittoor District. The Mandal Parishat Development Officer, (MPDO), Filer, Chittoor District. Panchayath Secretary, Filer Grampanchayat and Mandal, Chittoor District. One CC to Sri G. Venkata Reddy, Advocate [OPUC] One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. ssb % HIGH COURT DATED:01/08/2025 ORDER WP No.4166 OF 2019 DISPOSING OF THE W.P. WITHOUT COSTS