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2025 DAILYLAW 20135 (AP)

MATTAPALLI SAMBASIVA RAO v. THE STATE OF AP

WP/14263/2025 · 2025-06-11

Maheswara Rao Kuncheam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) . THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE a PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14263 OF 2025 Between: Mattapalli Sambasiva Rao, S/o.Radha Krishna Murthy, Aged about 48 years OcciAgriculture, R/o.D.No1-79, BC Colony, Akunuru Village, Vuyyuru Mandal Krishna District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary - Panchayat Raj, Secretariat, Veiagapudi, Guntur District. 2. The District Collector-Panchayat Raj, Machilipatnam, Krishna District. 3. The Akunuru Gram Panchayat, Akunuru, Vuyyuru Mandal, Krishna District. Rep by its Panchayat Secretary. ...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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 3rd respondent in threatening to demolish the shed of the petitioners house situated at D.No.1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District without issuing any notice as illegal, arbitrary and violation of Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondent not to interfere with the peaceful possession of the'petitioners house situated at D. No.1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District. lA NO: 1 OF 2025 pkition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be ^pTefsed to grant interim direction directing the 3rd respondent not to *! : • 'V ■J ■ . interfere with the peaceful possession of the petitioner’s house situated at D.No. 1-79 of BC Colony, Akuhuru Village, Vuyyuru Mandal, Krishna District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B V ANJANEYULU Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI P CHAITANYA SRINIVAS (GP FOR ZPPS, MPPS & GP) The Court made the following: ORDER APHC010282462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14263/2025 Between: ...PETITIONER MattapalliSambasiva Rao AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.B VANJANEYULU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: The present Writ Petition has been filed before this Court seeking the following main relief: “...to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 3 respondent in threatening to demolish the shed of the petitioner’s house situated at D.No. 1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District without issuing any notice as illegal, arbitrary and violation of Articles 14, 21 & 300-A of the Constitution of India and rd consequently direct the 3'^ respondent not to interfere with the peaceful possession of the petitioner’s house situated at D.No. 1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District and pass such other order orders...” or 2. Heard Sri B. V. Anjaneyulu, learned counsel for the petitioner and Sri P. Chaitanya Srinivas, learned Standing Counsel for Gram Panchayat. 3. The learned counsel for the petitioner asserted that he is in possession and enjoyment of a house bearing D.No. 1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District and he is regularly paying property tax to the 3'^^ respondent. It is also stated that the 3'*^ respondent, without giving any prior notice, partially damaged the kitchen shed of the petitioner’s property and also further threatened to demolish the structures of the petitioner’s property. Thus, the petitioner approached this Court, by way of the instant Writ Petition. On the other hand, the learned Standing Counsel for the 3'^^ respondent, namely Sri P. Chaitanya Srinivas, submits that the 3'“'^ respondent only cleared the drainage system and except that, they have not demolished any property of the petitioner. He also stated that the respondents would not interfere with the petitioner’s property, without following due process of law. 4. 5. At that juncture, the learned counsel for the petitioner sought leave of this Court to dispose of the Writ Petition by recording the above submissions made by the learned Standing Counsel. Accordingly, recording the submissions made by the learned Standing Counsel, the present Writ Petition is disposed of with a direction to respondent not to interfere with the petitioner’s building bearing D.No.1-79 of BC Colony, Akunuru Village, Vuyyuru Mandal, Krishna District, without following due process of law. There shall be no order as to costs. 6. rd the 3 As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// -rSECTION OFFICER To, 1. The Principal Secretary - Panchayat Raj, Secretariat, Velagapudi, Guntur District. 2. The District Collector-Panchayat Raj, Machilipatnam, Krishna District. 3. The Panchayat Secretary, Akunuru Gram Panchayat, Akunuru, Vuyyuru Mandal, Krishna District. 4. One CC to Sri B V Anjaneyulu, Advocate [OPUC] 5. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri Chaitanya Srinivas, SC for ZPPS, MPPS & GP, Advocate [OPUC] 7. Three CD Copies TF HIGH COURT DATED:12/06/2025 ORDER WP.No.14263of2025 DISPOSING OF THE W.P., WITHOUT COSTS