(Prayer: 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 order direction more particularly one in the nature of Writ of MANDAMUS to declare the proceedings of the 2nd Respondent in R.C. No.OS77/2019/Court dated 29.12.2013 as illegal, arbitrary and contrary to the provision of AP Agency Rules and violative of Article 300-A of the Constitution of India and consequently set-aside the same and to pass such other orders.

IA 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 may be pleased to stay of all further proceedings in connection with the proceedings of the 2nd Respondent R.C.No.OS77/2019/Court dated 29.12.2013 pending disposal of the above writ petition and pass such other orders.

IA 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 vacate the interim order dated: 01-02-2024 passed in WP.No.2652/2024 and dismiss the Writ Petition.

IA 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 bring the Petitioner herein on record as Legal representatives of the deceased Writ Petitioner No 3 in above W.P.No.2652 of 2024 as Petitioner No. 4 and pass such other order.)

1. The present Writ Petition is filed questioning the action of Respondent No.2 in issuing the Proceedings vide R.C.No.0577/2019/Court, dated 29.12.2023, as illegal and arbitrary and contrary to the provisions of the Andhra Pradesh Agency Rules & Regulations.

2. The facts, in brief, are as follows;

                  The Petitioners herein are the Defendant Nos.1 to 3 in a suit O.S.No.77 of 2019/F2 filed by Respondent Nos.4 and 5 herein before the Court of the Agent to Government and District Collector, West Godavari District, Eluru. The said suit was filed for partition of the schedule properties into seven equal shares and to allot one such share to the Plaintiffs. While so, Respondent No.2 passed the impugned proceedings directing the Tahsildar, Jeelugumilli to visit the schedule properties with the help of field staff and divide the same into 7 equal shares as per the Hindu Succession Act. Questioning the same, the present Writ Petition is filed.

3. The learned counsel for the Petitioners submits that Respondent No.2 could not have passed the impugned order without determining the right of the properties or passing any decree in the suit filed by Respondent Nos.4 and 5. The learned counsel for Respondent No.5 Sri B.V. Krishna Reddy submits that Respondent No.4 is an elderly woman and is bedridden and has been deliberately denied rights to the schedule property by the Petitioners. The learned counsel further submits that the impugned order can be sustained, as there is no actual handing over of possession of any of the schedule properties

4. Heard the respective counsel.

5. Respondent Nos.4 and 5 had filed the suit O.S.No.77 of 2019/F2 before the Court of the Agent to Government and District Collector, West Godavari District, Eluru. While the suit is pending, the power of Respondent No.2 is not traceable to pass the impugned either under the provisions of Civil Procedure Code or under the provisions of the Andhra Pradesh Agency Rules & Regulations.

6. Therefore, the impugned order passed by Respondent No.2 vide R.C.No.0577/2019/Court, dated 29.12.2023 is hereby suspended. Considering the fact that Respondent No.4/Plaintiff No.1 is an elderly woman, Respondent No.2 is directed to dispose of the suit O.S.No.77 of 2019/F2, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of copy of this order.

7. With the above observation, the Writ Petition is disposed of.

8. No order as to costs.

9. As a sequel, pending applications, if any, shall stand closed.