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2025 DAILYLAW 12891 (AP)

Malluvalasa Eshwara Rao v. The State of Andhra Pradesh,

WP/9480/2020 · 2025-09-10

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010153742020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9480/2020 Between: 1. MALLUVALASA ESHWARA RAO, S/O. KANNAYYA AGED ABOUT 41 YEAR AGED ABOUT 41 YEARS, OCC BARBER, R/O. DOOR NO.7- 871, MAIN ROAD, JAGGAMPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, EAST GODAVARI DISTRICT AT KAKINADA, EAST GODAVARI DISTRICT. 3. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, EAST GODAVARI DISTRICT AT KAKINADA, EAST GODAVARI DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, JAGGAMPETA MANDAL, EAST GODAVARI DISTRICT. 5. THE JAGGAMPETA GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, JAGGAMPETA VILLAGE AND MANDAL, EAST GODAVARI 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 topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.4 in affixing the impugned proceedings vide Reference No.15/2019, dated 23.05.2020, the shop of the petitioner situated at Door No.7 871 on main road, Jaggampeta Village and Mandal, East Godavari District on 26.03.2020 without furnishing the same to the petitioner and without conducting any enquiry on the explanation submitted by the petitioner further more without giving any opportunity of being heard as nothing but illegal, arbitrary, high handed and violative of Article 14, 21 and 300 A of The Constitution of India apart from violative of the directions made by this Hon ble Court in W.P.No. 6503 of 2020, dated 10.03.2020 and consequently direct the Respondents not to interfering with petitioner s peaceful possession of the shop situated at Door No.7-871 on main road, Jaggampeta Village and Mandal, East Godavari District and pass IA NO: 1 OF 2020 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 grant stay of all further proceedings pursuant to the Proceedings issued by the Respondent No.4 vide Reference No.15/2019, dated 23.05.2020 which were affixed on the wall of the petitioner’s shop situated at Door No.7-871, Main Road, Jaggampeta Village and Mandal, East Godavari District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITON NO.9480 OF 2020 ORDER: Heard learned counsel for the petitioner(s) and learned counsel for the respondents. 2. When the matter is taken up for hearing, Sri Tarun, learned counsel representing learned counsel for the petitioner(s) submits that the cause in the present writ petition does not survive for further adjudication and the matter becomes infructuous. 3. Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 11.09.2025 BSP 16 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.9480 of 2020 11.09.2025 BSP