Bathula Venkateswarlu Rao Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) /

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FRIDAY, THE TWENTY FIRST DAY OF MARCH 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: 7105 OF 2025

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Between:

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Bathula Venkateswarlu Rao, S/o B. Penchalaiah, Aged about 70 years Occ: Cultivation, R/o D. No. 25/1/1296, Tailors Colony,^VTCKothur Andhra Kesari Nagar, Nellore.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by Its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur^District.

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The District Collector, Nellore District, Nellore.

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The Joint Collector, SPSR Nellore District, Nellore.

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The Revenue Divisional Officer, Kavali, Nellore District, Nellore.

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The Tahsildar, Vinjamur Mandal, Vinjamur, Nellore^District.

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E. Ramaiah, S/o Pedda Venkaiah, Aged major, R/o^{Gundemadakala} Village, Vinjamur Mandal, Nellore District.

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...Respondents

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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 to issue Writ order or direction more particularly^one in the nature of Writ of Mandamus declare the in action of the respondent with regard to not-conducting of fresh enquiry as per orders of 3'"'^ respondent vide D. Dis. D5. 336/2024 dated 20-06-2024 as illegal, arbitrary and violation of Articles 14, 21 and 300- A of the Constitution of India and consequently direct the respondent No.4 to conduct fresh enquiry with respect to subject land to an extent of Ac.4.90 Cents in Sy. No. 107/2 of

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y/ /■'

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Gundemadakala Village, Vinjamur Mandal, SPSR Nellore District in the view of orders passed by the 3'^'^ respondent.

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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 No.4 to conduct fresh enquiry with respect to subject land to an extent of Ac.4.90 Cents in Sy. No. 107/2 of Gundemadakala Village, Vinjamur Mandal, SPSR Nellore District in the view of orders passed by the 3'^'^ respondent pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI HARINATH REDDY SOMA

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following order:

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■ i APHC010135162025

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r-“

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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FRIDAY ,THE TWENTY FIRST DAY OF MARCH 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: 7105/2025

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Between:

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Bathula Venkateswarlu Rao

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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HARINATH REDDY SOMA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following order:

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This Writ Petition is filed under Article 226 of the^{Constitutionof} India

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seeking the following relief;

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“to issue Writ order or direction more particulariy^oneinthe nature of Writ of Mandamus declare the in action of^the 4 th respondent with regard to not conducting of fresh enquiry^asper orders of 3^^ respondent vide D.Dis. D5.336/2024, dated 20.06.2024 as illegal, arbitrary and violation of Articles 14, 21 and 300 A of the Constitution of India and consequently^direct the respondent No. 4 to conduct fresh enquiry with^respectto subject land to an extent of Ac.4.90 Cents in Sy.No.107/2 of Gundemadakala Village, Vinjamur Mandal, SPSR Nellore^District

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in the view of orders passed by the 3'^^ respondent and to pass such other order or orders...”

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The case of the petitioner is that, pursuant to the petitioner’s representation, the 3rd respondent issued proceedings^dated 20.06.2024, directing the 4th respondent to conduct a fresh enquiry^{regardingthesubject} property, admeasuring to an extent of Ac.4.90 cents in Sy.No. 107/2 of Gundemadakal village, Vinjamur Mandal, SPSR Nellore^District.

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rd 3. The learned counsel for the petitioner submits that even though the 3 respondent herein directed the 4*'' respondent to conduct^freshenquiry in respect of the subject property of the petitioner,^the 4^^ respondent nor conducted enquiry nor passed any order so far. Hence^{thewritpetition.}

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On the other hand the learned Government Pleader appearing^forthe respondents furnished written instructions dated 18.03.2025 wherein it is stated as follows;-

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“(7) While so, the present writ petition is filed stating^that despite passing speaking orders with regard to the conduct ofd fresh enquiry with the respect to the land^of Ac.4.90 in sy.No. 107/2 of Gundemadakal village, Vinjamur Mandal, SPSR Nellor District, the 4^^ respondent has not initiated any action. (8) In this connection, it is submitted that pursuant^tothe orders passed by the 3'"^ respondent in D.Dis.D5/336/2024, dated 20.06.2024, the respondent has issued a notice in his Rc.a.145/2024, dated 12.03.2025 summoning the petitioner and other interested parties for enquiry on 29.03.2025”.

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He further submits that pursuant to the directions^{ofthe3'^respondent,} the 4th respondent initiated an enquiry and issued^{noticetotheconcerned} parties calling for enquiry to be held on 29.03.2025.^{However,theenquiryis} yet to be completed for compliance with the order of^{the3^^respondentin} accordance with the law.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.

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Having considered the submissions made by the learned^counselfor and the learned Government Pleader appearing for the the petitioner respondents, this Court is of the considered view that^{theWritPetitioncanbe} disposed of by directing the 4th respondent to complete^{theenquiry,tobe} held on 29.03.2025, in compliance with the orders of^{the3'^^respondentdated} 20.06.2024. The entire process shall be completed within^{aperiodofthree} (03) months from the date of receipt of a copy of this order, and pass appropriate orders in accordance with the law.

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With the above said direction, the Writ Petition is^{disposedof.There} shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.

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