APHC010173212019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7497/2019 Between: 1. SURLA SATYANARAYANA,, S/O. NAGARAJU, AGED ABOUT 27 YEARS, D.NO. 2-258, KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 2. SURLA APPALANAIDU,, S/O. RAMAMURTHY, AGED BOUT 32 YEARS, RESIDENT OF KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 3. ADIGARLA KANNABABU,, S/O. ADIGARLA SATYANARAYANA, AGED ABOUT 35 YEARS, D.NO. 11-23, KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 4. BOBBILI SURI BABU,, S/O. RAMA MURTHY, AGED ABOUT 34 YEARS, D.NO. 2-70, KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKAPATNAM DISTRICT. 5. BOBBILI RAJA BABU,, S/O. APPARAO, AGED ABOUT 40 YEARS, D.NO. 2-51, KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL AND VISAKAPATNAM DISTRICT. 6. KOLLI APPARAO,, S/O. KOLLI GANGANNA, AGED ABOUT 40 YEARS, RESIDENT OF KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM VILLAGE AND MANDAL, VISAKAPATNAM DISTRICT. 7. NAKANABOYINA SRINU,, S/O. NAKANABOYINA APPARAO, AGED ABOUT 35 YEARS, RESIDENT OF D.NO. 2-3 KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, 2 JS, J W.P.No.7497/2019 VISAKAPATNAM DISTRICT. 8. GAVIREDDY VARAHALABABU,, SLO. GAVIREDDY VENKUNAIDU, AGED BOUT 27 YEARS, D.NO. 6-18 KONDALA AGRAHARAM, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 9. BOBBILI BALA RAJU,, S/O.YELLAYYA, AGED ABOUT 27 YEARS, RESIDENT OF KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 10. ANIMIREDDY SRINU,, S/O. ANIMIREDDY CHINNABBAYI, AGED ABOUT 27 YEARS, D.NO. 9-30, KONDALA AGRAHARAM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, A 2. THE COMMISSIONER OF LAND ADMINISTRATIVE, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 3. THE DISTRICT COLLECTOR, VISKAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, VISAKAPATNAM DISTRICT. 5. THE TAHSILDAR, MAKAVARAPALEM MANDAL, VISAKAPATNAM DISTRICT. 6. DATLU ACHUTAYAMMA, W/O. NOT KNOWN, MAJOR, RESIDENT OF KONDALA AGRAHARAM VILLAGE OF MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 7. DATLA SATYAVATHI DEVI, W/O. NOT KNOWN, MAJOR, RESIDENT OF KONDALA AGRAHARAM VILLAGE OF MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 8. DANTALURI VENKATA NARASAMMA, W/O. NOT KNOWN, MAJOR, RESIDENT OF KONDALA AGRAHARAM VILLAGE OF MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 3 JS, J W.P.No.7497/2019 9. KAKARLAPUDI PRABHAVATHAMRNA, W/O. NOT KNOWN, MAJOR, RESIDENT OF KONDALA AGRAHARAM VILLAGE OF MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 10. DANTULURI SUBHADRAMMA, W/O. NOT KNOWN, MAJOR, RESIDENT OF KONDALA AGRAHARAM VILLAGE OF MAKAVARAPALEM MANDAL, VISAKHAPATNAM 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 an order, or a direction or a writmore particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 5 in not preventing the unofficial respondents from occupying the pond / koneru situated in Sy. No. 114-6, in an extent of AC.1.69 cents of Kondala Agraharam Village of Makaravarapalem Mandal of Visakhapatnam District as illegal, arbitrary and unconstitutional and to pass IA NO: 1 OF 2019 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 issue a direction to the respondents 1 to 5 not to allow the unofficial respondents 6 to 10 and their representatives from occupying the pond / koneru situated in AC.1.69 cents in Sy.No. 114-6 of Kondala Agraharam Village of Makavarapalem Village of Visakhapatnam District pending the of the above writ petition and to pass IA NO: 2 OF 2019 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 pleased to implead guduru mathaji, W/o. Sakineti Venkataraju, Hindu, teacher by Profession, aged about 45 years, D.No. 3-3opposite to MPUP school, Main road, Kondala Agraharam village, Makavarapalem Mandal, Visakhapatnam District and Kucharlpati Devi, W/o. Rama Chandra Raju, hindu, aged about 42 years, D.No. 8-1-70, Jogavanipalem, Near Substation, Gajuwaka, Visakhapatnam - 26 as respondents 11 and 12 respectively in the above writ petition. IA NO: 3 OF 2019 4 JS, J W.P.No.7497/2019 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 pleased to treat the additional affidavit/additional material papers as part and parcel of the main writ petition pending disposal the above writ petition. Counsel for the Petitioner(S): 1. KALEEMULLA S Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 5 JS, J W.P.No.7497/2019 The Court made the following ORDER: During the course of hearing, learned counsel for the petitioners submits that the petitioners preferred WP (PIL) No.151 of 2019 regarding the pond / koneru, in an extent of AC.1.69 cents situated in Sy.No.1146 of Kondala Agraharam Village, Makaravarapalem Mandal, Visakhapatnam District. It is further submitted that, on 20.10.2022, a Division Bench of this Court disposed of the said writ petition (PIL) No.151 of 2019. As the issue involved in the present writ petition has already been decided by the Division Bench of this Court, no further orders are required in the present writ petition. Accordingly, the Writ Petition is dismissed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 08.04.2026 rsd 6 JS, J W.P.No.7497/2019 209 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7497/2019 Date: 04.04.2026 rsd