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2025 DAILYLAW 20044 (AP)

Jujjavarapu Maruthi Ramu, v. Bank of India (BOI)

WP/18559/2020 · 2025-08-18

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010281052020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18559/2020 Between: 1. JUJJAVARAPU MARUTHI RAMU,, S/O.LATE SYAMA SUNDAR RAO, AGED ABOUT 50 YEARS, GUILL ADALA CENTER, VIJAYAWADA, KRISHNA DISTRICT 520 004. ...PETITIONER AND 1. BANK OF INDIA BOI, REP. BY ITS CHIEF MANAGER, ASSET RECOVERY BRANCH D.NO.10-1-119/2, FIRST FLOOR, PIT BUILDING, A.C.GUARD, HYDERABAD-500 004. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA, KRISHNA DISTRICT 3. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, MACHAVARAM, VIJAYAWADA, KRISHNA 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in trying to evict the petitioner from the building comprising of Ground, First and Second Floors at D_No.44- I -42 in R.S.No.210/2, Ward No.32, Eluni Road, Vijayawada without following the due procedure to recovery the dues stand in the name of Petitioners mother late Katuri Venkata Kanaka Durgamhba as arbitrary illegal, capricious and violative of right 2 guaranteed Under Article.300- A of the Constitution of India and consequently direct the respondent to follow the due process of Law 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 direct the respondents not to dispossess the petitioner from the building comprising of Ground, First and Second Floors at D.No.44-1-42 in R.S.No.210/2, Ward No.32, Eluru Road, Vijayawada pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S): 1. GP FOR HOME 2. HARINARAYANA K 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in trying to evict the petitioner from the building comprising of Ground, First and Second Floors at D_No.44- I -42 in R.S.No.210/2, Ward No.32, Eluni Road, Vijayawada without following the due procedure to recovery the dues stand in the name of Petitioners mother late Katuri Venkata Kanaka Durgamhba as arbitrary illegal, capricious and violative of right guaranteed Under Article.300- A of the Constitution of India and consequently direct the respondent to follow the due process of Law and pass...…” 2. Heard Sri Ghantasala Udaya Bhaskar, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 19.08.2025 MH 4 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 67 W.P.No.18559 of 2020 Dated.19.08.2025 MH