IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

(Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15935 OF 2n;>.?

Between:

I

• 1. B. Divakar Reddy, S/o. Late B. Venkatarami Reddy, aged about 54 years, R/o H.No. 1-2003, Near SBI, Gandhi Nagar, Yemmiganur, Kurnool District.
• 2. B. Prathap Reddy, S/o. Late B. Venkatarami Reddy, aged about 52 years, R/o. H.No. 1-1995, Near SBI, Gandhi Nagar, Yemmiganur, Kurnool District.

...PETITIONERS

AND

• 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District.
• 2. The Land Reforms Tribunal/ Revenue Divisional Officer, Adoni, Kurnool 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 be pleased to issue an appropriate writ, order or direction more particularly in the nature WRIT OF MANDAMUS, declaring the inaction of the 2^'" may one respondent in not passing orders in determining the surplus lands of the petitioners as per section ¹⁰ of The A.P Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in pursuance to the remand order passed in the appeal vide L.R.A.No. ¹ of of 2005 by the Land Reforms Appellate

Tribunal-Cum-I Additional District Judge, Kurnool illegal, arbitrary and consequently direct the 2 dated 01.03.2011 as nd respondent.

lA NO: ¹ OF 2023

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 2"'"' respondent to forthwith pass orders in pursuance to , the remand orders passed in the appeal vide L.R.A.No. ¹ of 2005 by the Land Reforms Appellate Tribunal- Cum-I Additional District Judge, dated 01.03.2011, pending disposal of the above Writ petition. may be Kurnool,

Counsel for the Petitioners: SRI. K. RATHANGA PANI REDDY Counsel for the Respondent Nos. ¹ & 2: ASST.GP FOR REVENUE The Court made the following: ORDER

m APHCO'\0304132023

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

[3310]

THURSDAY .THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 15935 OF 2023

Between:

B. Divakar Reddy and Others ...PETITIONER(S)

[

AND

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

Counsel for the Petitioner(S):

1. K RATHANGA PAN ^I REDDY

Counsel for the ReSpondent(S):

1.GP FOR REVENUE

The Court made the following:

ORDER:-

This Writ Petition is filed, seeking the following relief:

" to issue ^a Writ, Order or direction one in the nature of Writ of Mandamus declaring the inaction of the 2"'' respondent in not passing orders in determining the surplus lands of the petitioners as per section 10 of The AP.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in pursuance to the remand order passed in the appeal vide L.R.A.No.1 of 2005 by the Land Reforms Appellate Tribunal-Cum-I Additional District Judge, Kumool, dated 01.03.2011 as illegal arbitrary and consequently direct the 2nd respondent and pass such other orders. ''

2. Heard Mr. K. Rathanga Pani Reddy, learned counsel for the petitioners. Heard learned Assistant Government Pleader, Revenue for the respondents.

3. Though the petitioners made respondents, during hearing, learned request to dispose of the writ petition, with take appropriate legal steps" with 15.11.2022 issued by the District Collector, ⁱ touching the merits of the several allegations against the counsel for the petitioner limited his a direction to the 2^^ respondent to reference to the proceedings dated in accordance with law, without case.

4. Learned Assistant Government Pleader respondents readily agreed to dispose respondent. for Revenue appearing for of the file pending with the 2"^^

5. Recording the submissions of the learned Revenue, ^I need not decide the truth the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in The Government of India v. P.Ventefes/,'", wherein the Apex Court heid that such orders may make for ^a quick or easy disposal of cases ⁱ they do not serve to the cause of justice. Government Pleader for or otherwise of the allegations made in in overburdened adjudicatory institutions. But

6. in the resuit, the Writ Petition is disposed of, whiie directing the 2 respondent to afford an opportunity of hearing of petitioner nd during enquiry and take appropriate legal steps in accordance with law vide proceedings dated 15.11.2022 issued by the District Collector, Kurnool, within three (03) months from the date of receipt of a copy of this order. No costs.

2019 (8) SCALE 544

As a sequel, miscellaneous application, pending, if any, shall also stand

closed.

%

//TRUE COPY//

Sd/- K. TATA RAO DEPUTY REGISTRAR

To, SECTION OFFICER

1

1

• 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
• 2. The Land Reforms Tribunal/ Revenue Divisional Officer, Adoni, Kurnool District.
• 3. One CC to Sri. K. Rathanga Pani Reddy, Advocate [OPUC]

/j-

• 4. Two CCs to GP foT Revenue, High Court of Andhra Pradesh. [OUT]
• 5. Three CD Copies. ;c ^> * « ^e

,{ <'

'-A,

i:. / f' ^t

gi /

HIGH COURT

DATED:09/05/2024

ORDER

WP.No.15935 of 2023

DISPOSING OF THE WRIT PETITION WITHOUT COSTS