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2025 DAILYLAW 17647 (AP)

Smt. Digumarthi Ramy Sri v. The State of Andhra Pradesh

WP/12308/2025 · 2025-07-08

Nyapathy Vijay

body2025

Judgment text

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A .a A A AA APHC010241172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12308 OF 2025 ■"’Tltv'- Between: Smt. Digumarthi Ramy Sri, W/o. Mahesh, aged 30 years, R/o. Door No. 4- 20/A, Near Chennakesava Temple, Andukuru Village, Krosuru Mandal, Guntur District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal and Urban Development Authority, Secretariat Buildings Velagapudi, Guntur District, Andhra Pradesh. 2. The Mangalagiri Tadepalli Municipal Corporation, , r District, Andhra Pradesh, Represented by its Commissioner, aged 33 years, R/o. Door No 1- 88 Bosubomma Center, Beside Ramalayam, Tadepalli Village and Mandal Guntur District, Andhra Pradesh. at Mangalagiri, Guntur 3. Balasani Baji, S/o. Raghunath Rao ...Respondents of India praying that in the J. the High Court may be more particularly one in the action of the respondents more Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a Writ or Order or Direction nature of Writ of Mandamus declaring the M particularly the 2nd respondent in issuing notice in i 01/2024/TDPLAA/PRS15 dated 20.03.2025 under the guise of the orders in WP No. 5661 of 2024 dated 28.03.2024 as well as by mentioning CC No. 2645 of 2024 which is nothing to do with the petitioner and also without conducting any proper enquiry with regard to the construction of the petitioner house in House No. 13-34, Sy. No. 72, Block No. 13 in an extent of 144.57 square yards as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India consequentially direct the respondents not to interfere with the peaceful possession and enjoyment of the property of the petitioner in House No. 13-34, Sy. No. 72, Block No. 13 in an extent of 144.57 square yards under the guise of the notice in U.C.No. 01/2024/TDPLAA/PR S15 dated 20.03.2025. U.C.No. 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 respondents not to interfere with the peaceful possession and enjoyment of the property of the petitioner in House No. 13-34, Sy. No. 72, Block No. 13 in an extent of 144.57 square yards under the guise of the U.C.No. 01/2024/TDPL/WPRS15 dated 20.03.2025 pending disposal of the above writ petition. notice in Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondent No.3: NONE APPEARED The Court made the following order: APHC010241172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12308/2025 Between: 1.SMT. DIGUMARTHI RAMY SRI,, W/0. MAHESH, AGED 30 YEARS, R/0. DOOR NO. 4- 20/A, NEAR CHENNAKESAVA TEMPLE, ANDUKURU VILLAGE, KROSURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL AND URBAN DEVELOPMENT AUTHORITY, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION , MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH REPRESENTED BY ITS COMMISSIONER. 3.BALASANI BAJI, S/0. RAGHUNATH RAO, AGED 33 YEARS, R/0. DOOR NO. 1- 88, BOSUBOMMA CENTER, BESIDE RAMALAYAM, TADEPALLI VILLAGE AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 p- Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.123Qfi of ORDER: 1. The present Writ Petition is filed to declare the action of Respondent No.2 in issuing notice vide U.C.No.01/2024/TDPL/WPRS1 5, dated 20.03.2025 under the guise of the Order passed in W.P.No.5661 of 2024, dated 28.03.2024 as well as by mentioning C.C.No.2645 of 2024, which is nothing to do with the Petitioner and also without conducting proper enquiry with regard to construction of Petitioner’s house bearing H.No.13-34 in Sy.No.72, Block No.13 in an extent of 144.57 Sq. yards, situated in Tadepalli Municipal Area of Mangalagiri Sub-division, Guntur District. At the time of hearing, learned counsel for the Petitioner submits that the building in question was demolished and seeks permission of this Court to withdraw the Writ Petition with a request of grant liberty to file fresh Writ Petition. Permission is accorded. Accordingly, the Writ Petition is dismissed, as withdrawn, granting liberty to the Petitioner to file Writ Petition afresh I No order as to costs. any 2. 3. 4. 5. 6. As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, .-•A 1. One CC to SRI. V SAI KUMAR Advocate [OPUC] 2. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of ^ Andhra Pradesh [OUT] 3. One CC to SRI. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS ^ AP) Advocate [OPUC] 4. Two CD Copies. AL HIGH COURT DATED:09/07/2025 ORDER WP NO. 12308 OF 2025 I ^2025 % Current Section ^^^PATCHeoJX' DISMISSING THE W.P. AS WITHDRAWN, COSTS WITHOUT