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2025 DAILYLAW 12431 (AP)

ANGA JANARDHANA v. The State of Andhra Pradesh,

WP/7452/2025 · 2025-03-24

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7452 OF 2025 Between: 1. Anga Janardhana, S/o Ramayya Late, 43 years R/o Peddaveedhi, Kapugodeyvalasa village, Santhabommali Mandal, Srikakulam District. 2. Anga Appanna, S/o Ramayya Late, Age 58 years, R/o Peddaveedhi, Kapugodeyvalasa village, Santhabommali Mandal, Srikakulam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayatraj Department, AP Govt Secretariat, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District, Srikakulam. 3. The Tahsildar, Santhabommali Mandal, Srikakulam District 4. The Mandal Parishad Development Officer, Santhabommali Mandal Srikakulam District. 5. The Kapugodeyvalasa Gram Panchayat, Represented by its Panchayat Secretary, Kapugodeyvalasa Village, Santhabommali Mandal, Srikakulam 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 may be pleased to issue an appropriate writ, order, or direction, specifically in the nature of WRIT of MANDAMUS, aggrieved by the action of the Respondents in interfering with Petitioner's peaceful ownership, and enjoyment of Petitioner's shop and adjacent land in Petitioner's shop and adjacent laVid in an extent of Sy No 186/4 an extent of 90 Sq yards situated at Main Road, Kapugodeyvalasa Village, Santhabomalli Mandal, Srikakulam District and trying to demolish the existing shop with assessment No 156 without issuing any notice and without following any procedure under law, which is highly illegal, arbitrary, contrary to law, and violations of Principles of Natural Justice and Articles 300-A, 14 and 21 of Constitution of India and consequently direct the Respondents not to interfere with the Petitioner's peaceful possession, ownership, and enjoyment and not to demolish the shop and adjacent land Sy No 186/4 an extent of 96 Sq yards situated at Main Road, Kapugodeyvalasa Village, Santhabommali Mandal, Srikakulam District with assessment No 156 without following any procedure under law one possession. lA 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 direct the Respondehtsmot to interfere and not to demolish the shop and adjacent land Sy No 186/4 an extent of 90 Sq yards situated at Main Road, Kapugodeyvalasa Village Santhabommali Mandal, Srikakulam District with assessment No 156, pending disposal of the writ petition Counsel for the Petitioners: SRI S SRINIVASA RAO Counsel for the Respondent No.1 to 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.5: SRI Y KOTESWARA RAO, SC FOR PANCHAYAT The Court made the following: Order APHC010146282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7452/2025 Between; TANGA JANARDHANA, S/0 RAMAYYA LATE. 43 YEARS PEDDAVEEDHI, KAPUGODEYVALASA VILLAGE, SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT. R/0 2.ANGA APPANNA, S/0 RAMAYYA LATE, AGE 58 YEARS, PEDDAVEEDHI, KAPUGODEYVALASA VILLAGE, SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT. R/0 ...PETITIONER(S) f ( AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. AP GOVT VELAGAPUDI, 2.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 3.THE TAHSILDAR, SANTHABOMMALI MANDAL DISTRICT SRIKAKULAM 4.THE MANDAL PARISHAD DEVELOPMENT OFFICER, SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT. 5.THE KAPUGODEYVALASA GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, KAPUGODEYVALASA VILLAGE, 2 m SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.S SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Sri S. Srinivas Rao, learned Counsel for the Writ Petitioners seeks to withdraw this Writ Petition with liberty to file fresh Writ Petition. Permission granted. Accordingly, this Writ Petition is dismissed as withdrawn with liberty to file fresh Writ Petition. No order as to costs. 3. 4. 5. Interlocutory Applications, if any, stand closed in terms pf this order. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. One CC to SRI S SRINIVASA RAO Advocate [OPUC] 2. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh [OUT] 3. One CC to SRI Y KOTESWARA RAO, Standing Counsel for Panchayat [OPUC] 4. Three CD Copies gsg HIGH COURT DATED: 24/03/2025 ORDER WP.No.7452 of 2025 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS