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2025 DAILYLAW 14753 (AP)

Axene Evangelical Mission Mercy Colony, v. The State of Andhra Pradesh

WP/7913/2019 · 2025-08-17

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010184412019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7913/2019 Between: 1. AXENE EVANGELICAL MISSION MERCY COLONY,, KONTAMURRY RAJAHMUNDRY, EAST GODAVARI DISTRICT REPRESENTED BY ITS CHAIRMAN K. PRABHAKAR RAO, S/O SATYANARAYANA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI 2. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT AT KAKINADA, ANDHRA PRADESH 3. KOLAMURU GRAM PANCHAYAT RAJAHMUNDRY RURALMANDAL, EAST GODAVARI DISTRICT REP BY EXECUTIVE OFFICER/PANCHAYAT SECRETARY ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in stalling the repair works to the existing building bearing premises No. 9-690, in R.S.No 367 situated at Konthamuru (Village), Rajahmundry Rural (Mandal), East Godavari District, Andhra Pradesh on the guise that a writ petition is filed on the status of the lands in Survey No. 367 admeasuring 11-68 cents in Survey No.367 of Kolamaru (Revenue Village) Rajahmundry Rural (Handal), East Godavari District ,as being arbitrary. illegal and subversive of Rule of Law under Gram Panchayat Act ard offending Articles 14 anc 30 (1) of the Constitution of India and consequently direct the Respondents not to interfere with the repair works to the existing building bearing premises No. 9-690. in R. S.No 367 situated at Konthamuru (Village), Rajahmundry Rural (Mandal), East Godavari District, and also consider the application of the Petitioner dated 25-4-2019, in the interest of justice 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 pleased to direct the Respondents not to interfere with the repair works to the existing building bearing premises No. 9-690, in R.S.No 367 situated at Konthamuru (Village), Rajahmundry Rural (Mandal), East Godavari District, Andhra Pradesh and also to consider the application dated 25.04.2019 made by the Petitioner for extension of the building by raising second floor over the existing ground and first floors, pending disposal of the Writ Petition. in the interest of justice IA NO: 1 OF 2024 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 leave to the petitioner herein /respondent No.53in WPNo..7913 of 2019tofile counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. CH SAMSON BABU Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. I KOTI REDDY 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITON NO.7913 OF 2019 ORDER: No representation on behalf of the petitioner. Heard learned counsel for the petitioner. When the matter is taken up for hearing, it is observed from the docket order that there is no representation on behalf of the petitioner on the last three occasions i.e., 11.08.2022, 05.08.2025 and 11.08.2025. On 11.08.2025 since there is no representation on behalf of the petitioner, the matter is posted to today under the caption ‘for dismissal’. Even though the matter is posted under the caption ‘for dismissal’, today also there is no representation on behalf of the petitioner. This indicates that the petitioner herein has no interest in prosecuting the Writ Petition. Accordingly, the Writ Petition is dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 18.08.2025 BSP 112 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.7913 of 2019 Dated:18.08.2025 BSP