Mallela Venkata Subba Reddy Vs The State of Andhra Pradesh

T be pleased to issue a Writ of Mandamus declaring^the action of the 7th respondent in not disposing the Appeal.NO.ASSN.1/2416343/2024 preferred by the petitioner against the order of the 2nd respondent in R.Dis.No. E5/22A/31/2023 dated 30.07.2023, even though^morethanfour months have elapsed as illegal, arbitrary and violative of Art. 14, 21 and 300A of the Constitution of India and consequently to direct the 7th respondent to dispose of the above appeal as expeditiously as possible. lA NO: 1 OF 2024 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 6th respondent to provisionally register and release the pending document/ Sale Deed dated 03.04.2023 (P72 of 2023) executed by the petitioner in respect of land admeasuring Ac.1.45 Cents in Sy.No.469/2 and Ac. 1.90 cents in Sy.No.469/3 (total admeasuring Ac.3.35 cents) of Bollavaram Villge, Proddatur Mandal pending the final disposal of the present writ petition

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lA NO: 1 OF 2025

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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 respondent not to interfere with the petitioner’s possession and enjoyment of his property admeasuring^Ac.1.45cents in Sy.No.469/2 and Ac.1.90 cents in Sy.No.469/3 (total admeasuring Ac.3.35 cents) of Bollavaram Village, Proddatur Mandal, YSR District, pending the final adjudication of the present writ petition.

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Counsel for the Petitioner: MIS INDUS LAW FIRM

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Counsel for the Respondent Nos. 1 to 6: GP FOR REVENUE

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Counsel for the Respondent No. 7: GP FOR LAND ACQUISITION

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The Court made the following order:

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APHC010268902024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ' (Special Original Jurisdiction)

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[3329]

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FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 13801/2024

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Between:

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1.MALLELA VENKATA SUBBA REDDY, S/0. CHINNA SUBBA REDDY AGED 53 YEARS, OCC CULTIVATION R/0. LAKSHMIPETA VILLAGE, CHAPAD MANDAL YSR‘DISTRICT, KADAPA.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI VILLAGE AMARAVTI, GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR, YSR DISTRICT, KADAPA.

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3.THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU YSR DISTRICT, KADAPA.

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4.THE TAHSILDAR, PRODDATUR MANDAL YSR DISTRICT, KADAPA. 5.THE DISTRICT REGISTRAR OF ASSURANCES, YSR DISTRICT, KADAPA.

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6.THE JOINT SUBREGISTRAR, .PRODDATUR, YSR DISTRICT, KADAPA.

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7.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH MANGALAGIRI GUNTUR DISTRICT.

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...RESPONDENT{S):

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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 a Writ of Mandamus declaring^{theactionofthe} 7th respondent in not disposing the Appeal.NO.ASSN.1/2416343/202⁴

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even though nt^rr^i appeal as consequently lo“hTyth’r"’ """ expeditiously as possible and lA NO: 1 OF onpyj

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the IfrSir present Writ petition and pass ^ Kendal pending the Inal cj^sposaf o^Ve

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lANQ: 2 OF 9no^

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.. under Section 1^1 r'on

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lAiyiajLOF2025

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irr« 2£EZ“rcents) of Bollavaram x/iM Sy.No.469/3 (total final adjudication of the PrSnt «feln rn^Ls^'" “^'""-'“pendbg'th^e

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Counsel for the Petitioner:

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1M/S INDUS LAW FIRM

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Counsel for the Respondent(S):

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1GP FOR REVENUE

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2.GPFOR LAND acquisition'

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2

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NV,J W.P.No.13801 of 2024

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ORDER:

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This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus declaring the action of 7'^ respondent in not disposing of the Appeal No.ASSN.1/2416343/2024 preferred by the petitioner against the order of the 2""' respondent in R.Dis.No.E5/22A/31/2023 dated 30.07.2023, even after four months time has elapsed, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 7**^ respondent to dispose of the above appeal as expeditiously as possible.

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Though the petitioner made several allegations, during^thecourseof hearing, learned counsel for the petitioner requested this Court to issue a direction to the respondent authorities to dispose of the Appeal No.ASSN. 1/2416343/2024 filed by the petitioner, without touching the merits.

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Learned Government Pleader for Revenue readily agreed to dispose of the appeal, if any pending with the respondents.

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In view of the limited request made by the learned counsel for the petitioner, the 7“^ respondent/Chief Commissioner of^{LandAdministration} is directed to dispose of the Appeal No.ASSN.1/2416343/2024 filed by the petitioner, in accordance with law, though this Court is conscious about the principle laid down by the Honourable Apex Court in^{“TheGovernmentof}

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3

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NV, W.P.No.l3801of2024

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1” India v. P.Venkatesh wherein the Hon'ble Apex Court held that such orders may make for a quick or easy disposal of cases i in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to t^ 7*^^ respondent to dispose of the Appeal No.ASSN. 1/2416343/2024 filed by the petitioner, I find no other alternative except to issue such direction.

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In the result, Writ Petition i th IS disposed of, directing the 7 respondent/ Chief Commissioner of Land Administration to dispose of the Appeal No.ASSN. 1/2416343/2024 filed by the petitioner, in accordance with law, within four (04) months from today. Till disposal of the appeal, status quo Obtaining as on today in respect of the subject property shall be maintained by all the parties concerned.

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