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2025 DAILYLAW 21366 (AP)

GANDHI INSTITUTE OF TECHNOLOGY AND MANAGEMENT (GITAM) v. THE STATE OF ANDHRA PRADESH

WP/20050/2020 · 2025-03-27

T C D Sekhar

body2025

Judgment text

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TCDS,J WP_20050_2020 1 APHC010302082020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20050/2020 Between: Gandhi Institute Of Technology And Management (gitam) ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) The Court made the following: TCDS,J WP_20050_2020 2 ORDER:- 1. The writ petition is filed questioning the action of the respondents and their men in demolishing the properties of the petitioner at its Visakhpatnam campus situated in Yendada Village, Rushikonda Mandal, Visakhapatnam District without following due process of law and also in violation of principles of natural justice. 2. Pending the writ petition, the petitioner filed an application vide I.A.No.1 of 2025 seeking to amend the writ prayer as under: “To issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents and their men in illegally demolishing the extent of security room, main gate, compound wall in survey no 18, portion of compound wall in Sy.Nos.15, 19, 20, 37 38, fencing to some extent in Sy.Nos.17, 18, 19, 20, 37 & 38 situated in Yendada Sy.Nos.15P, 17P to 20P and Rushikonda Sy.No.37 & 38 Villages at its Visakhapatnam Campus, situated at Rushikonda and Yendada Village limits, Visakhapatnam Rural Mandal, Visakhapatnam District and further seeking to demolish other structures without following due process of law and without survey, trying to change the nature of the property, further declaring action of the 1st respondent in not considering the case of petitioner pursuant to representations for alienation, as arbitrary, illegal, unjust, highhanded, colourable exercise of power, discriminatory, violative of principles of natural justice, violative of the Fundamental Rights guaranteed under Articles 14 and 19 and the Constitutional Right guaranteed under Article 300A of Constitution of India and consequently direct the 1st respondent to consider the representations of the petitioner dated 17.09.2024 and 17.12.2024 in respect of the land situated within its campus at Rushikonda and Yendada Villages of Visakhapatnam Rural Mandal, Visakhapatnam District.” TCDS,J WP_20050_2020 3 3. Though the petitioner initially filed the present writ petition questioning the action of respondents in highhandedly demolishing the compound wall and other structures in Sy.Nos.15, 18, 19, 20, 37 and 38 situated in Yendada Village, Rushikonda Mandal, Visakhapatnam District, during pendency of the writ petition, the petitioner claims that, it made representations dated 17.09.2024 and 17.12.2024, requesting the government to consider the proposal given by it for alienation of the lands in question on payment of market value. It is also the case of the petitioner that the 1st respondent received the said representations on 22.01.2025 and the same are pending consideration. 4. The learned Special Government Pleader would submit that the Government has no objection to consider the representations filed by the petitioner. 5. Taking into consideration of the submissions made by both the counsel, this Court feels it is appropriate to dispose of the writ petition by directing the respondent No.1 to consider the representations dated 17.09.2024 and 17.12.2024 made by the TCDS,J WP_20050_2020 4 petitioner in accordance with law and pass appropriate orders as expeditiously as possible. 6. With the above direction, the writ petition is disposed of. No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 27.03.2025 DR TCDS,J WP_20050_2020 5 114 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP No.20050 of 2020 Date 27.03.2025 DR