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APHC010707452022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 78/2023 Between:
1. BANDI BHUSHANAM, C/O SESHA RAO, HINDU AGED ABOUT 45 YEARS,D.NO. 40-22-1/17A/, GANDHI NAGAR, .KANCHARLAPALEM, VISSALCHAPATNAM 530008
...PETITIONER AND
1. ASST DIVISIONAL ENGINEER, (Settlement) 0/o Divisional Railway Manager, waltair Division, East Cost Railways, Visakhapatnam
...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to begs to present this Memorandum of Civil Miscellaneous Appeal against the Impugned orders dated 21-09-2022 passed in I A No 1288 of 2022 in A.S No 131/2022, on the file of the Prl. District Court Judge Visakhapatnam by imposing condition to grant stay of operation of .the order issued under Sub-Section 1 of Section 5 of Public premises (Eviction of Unauthorized occupants)Act,1971 in the matter of EO/EC/WAT/UNAUTHORISED OCCUPATION/02/2022 dated 02-09-2022 IA 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 may be pleased to pass urgent orders by grant stay of the execution of the operation of the
condition to deposit Rs.10,000 as surety within two months and to pay Rs.100 per month for each Sq yard in possession of the petitioner as long as in possession till in orders dated 21-09-2022, in I.A No 1288/2022 in A.S. No 131/2022 by Prl District Judge, Visakhapatnam till the disposal of the Main Revision Petition in the interest of justice IA NO: 2 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 may be pleased Counsel for the Petitioner:
1. GANGA BHAVANI RAGI Counsel for the Respondent:
1. The Court made the following order : The above Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, against the order, dated 21.09.2022 in I.A.No.1288 of 2022 in A.S.No.131 of 2022, on the file of the learned Principal District Judge, Visakhapatnam. 2.
The petitioner filed a statutory appeal against the common order passed by the Estate Officer, East Coast Railway, Waltair, Visakhapatnam, vide No.EO/EC/WAT/Unauthorised Occupation/02/2022, dated 02.09.2022, under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act,
1971. Along with the appeal, the petitioner filed I.A.No.1288 of 2022 seeking stay of the order dated 02.09.2022 passed by the Estate Officer, East Coast Railway, Waltair, Visakhapatnam. 3. An interim order, dated 21.09.2022, was passed in I.A.No.1288 of 2022, granting stay of operation of the order, dated 02.09.2022, subject to a condition of depositing Rs.10,000/- as surety and pay Rs.100/- per square yard. Assailing the said conditions, the above Civil Revision Petition was filed. Page 3 of 4
4. This Civil Revision Petition was listed on 19.01.2023 and an interim stay was granted on certain conditions, including a default clause. Thereafter, the matter was listed on 01.03.2023. However, there was no representation for the petitioner. 5. Even today, there is no representation for the petitioner. This Court directed the Registry to verify the status of A.S.No.131 of 2022 on the file of the learned Principal District Judge, Visakhapatnam. The Registry placed the daily status of the case before this Court. As seen from the daily status, A.S.No.131 of 2022 was dismissed without costs, on 20.02.2026. 6. Since the appeal itself is dismissed, no cause survives for adjudication in this Civil Revision Petition. 7. Hence, this Civil Revision Petition is dismissed. No costs. As a sequel, all the pending miscellaneous applications in this case shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 16.06.2026 ikn
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.78 of 2023
Date : 16.06.2026 ikn