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High Court of Andhra Pradesh · body

2013 DAILYLAW 1371 (AP)

M. Shiva Prasad, v. State of Andhra Pradesh, rep. by its Secretary

WP/30788/2013 · 2026-06-16

Harinath N

body2013

Judgment text

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HN, J W.P.No.30788_2013 APHC010068272013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30788/2013 Between: 1. M. SHIVA PRASAD,, S/O. LATE M. VENKATARAMANA, HINDU, OCC: CULTIVATION, AGED ABOUT 42 YEARS, R/O.2-250-56-7-2, RAMIREDDY LAYOUT, MADANAPALLE, CHITTOOR DISTRICT. 2. M. CHANDRA SEKHAR NAIDU,, S/O LATE M. NARAYANASWAMY NAIDU, HINDU, OCC: CULTIVATION, AGED 46 YEARS R/O 3-145-E, 1ST CROSS, PRASANTH NAGAR, MADANAPALLE, CHITTOOR DISTRICT. 3. M. MALLIKARJUNA NAIDU,, S/O LATE NITIARMASWAMY NAIDU, HINDU, OCC: CULTIVATION, AGED ABOUT 42 YEARS, R/O 3-145-E, 1ST CROSS, PRASANTH NAGAR, MADANAPALLE, CHITTOOR DISTRICT. 4. M. RANGASWAMY NAIDU,, S/O LATE MARPURI RAMAIAH, HINDU, OCC: CULTIVATION, AGED ABOUT 70 YEAS, R/O 3-145-8-D-1, A.V. NAIDU COLONY, MADANAPALLE, CHITTOOR DISTRICT. 5. M. SREENIVASULU,, S/O LATE M. ANJANCYULU NAIDU, HINDU, OCC: PRIVATE EMPLOYMENT & CULTIVATION, AGED ABOUT 31 YEARS, R/O3-145-A-1, PRASANTH NAGAR, MADANAPALLE, CHITTOOR DISTRICT. 6. M. CHENNA REDDY,, S/O LATE MARPARI RAMAIAH, HINDU, OCC: CULTIVATION, AGED ABOUT 61 YEARS, R/O 2-250-56-7-2, RAMIREDDY LAYOUT, MADANAPALLE, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH REP BY ITS SECRETARY, TO REVENUE DEPARTMENT, SECRETARIAT, HYDERABAD. 2. ANDHRA PRADESH STATE WAKF BOARD, RAZZACK MANZIL, OPP. PUBLIC GARDENS, NAMPALLY, HYDERABAD, REP. BY ITS CHIEF EXECUTIVE OFFICER 3. THE MADANAPALLE MUNICIPAL CORPORATION, MADANAPALLE, CHITTOOR DISTRICT REP. BY ITS COMMISSIONER. HN, J W.P.No.30788_2013 4. JAMIA MOSQUE, MADANAPALLE TOWN, CHITTOOR DISTRICT, REP. BY ITS PRESIDENT, JANAB A. MAHAMOOD. 5. THE TAHSILDAR, MADANAPALLE MANDAL, MADANAPALLE, CHITTOOR DISTRICT. ...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 toto issue, a writ order or direction in the nature of Mandamus declaring the action of the respondents 3 to 5 directing the petitioners to evict from the house bearing door Nos.2-250-56-7-1, with municipal assessment No.1009000080601, house bearing door Nos.2-250-56-7-2, with municipal assessment No.1009000059877 and lands in S.No.130, and S.No.144 of B.K.Palli village, Madanapalle Mandal, Chittoor District as illegal, improper, unjust and contrary to law and violation of principles of natural justice and consequently direct the respondents to proceed with demolition and construction activities in respect of the above properties IA NO: 1 OF 2013(WPMP 38224 OF 2013 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 not to evict the petitioners from the house bearing door Nos.2-250-56-7-1, Nos.2-250-56-7-2, lands in S.No.130, and S.No.144 of B.K.Palli village, Madanapalle Mandal, Chittoor District pending disposal of the writ petition Counsel for the Petitioner(S): 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. HN, J W.P.No.30788_2013 ORDER: 1. The learned counsel appearing for the petitioners submits that the petitioners have approached this Court aggrieved by the action of respondent Nos.3 to 5 in directing the petitioners to evict from house bearing Door No. 2-250-56-7-1 and 7-2, situated over lands in Survey Nos.130 and 144 of B.K.Palli Village, Madanapalle Mandal, Chittoor District, and not to demolish the existing structures. 2. The learned counsel for the petitioners submits that he is unable to contact the petitioners on account of the efflux of time. 3. The learned Standing Counsel appearing for the respondent Corporation submits that the authorities would have followed due process of law while evicting the encroachers. 4. Recording the same, the writ petition is disposed off, making it clear that the respondent authorities shall follow due process of law in the event the petitioners are yet to be evicted from any property belonging to the respondent authorities. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:17.06.2026 NKA HN, J W.P.No.30788_2013 36 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30788 of 2013 Date: 17.06.2026 NKA