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2025 DAILYLAW 2289 (AP)

M/s GK Industries, v. THE STATE OF ANDHRA PRADESH

WP/17/2025 · 2025-01-03

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17 OF 2025 Between: 1. M/s GK Industries, rep. by its Managing Partner G.Krishnam Raju S/o Narayana Raju. aged 40 years. D.No.2-10. Jaflapuram. Sydapuram Mandal. SPSR Nellore Dist. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary. Dept, of Revenue. Secretariat. Velagapudi. Amaravati. 2. The District Collector. Nellore. SPSR Nellore District. 3. The Revenue Divisional Officer. Nellore. SPSR Nellore District. 4. The Tahsildhar. Sydapuram. Sydapuram Mandal. SPSR Nellore District. 5. The Mandal Surveyor. Sydapuram Sydapuram Mandal. SPSR Nellore District. 6. Kondreddi Vamsi Krishna. S/o late K. Prabhakar Reddy Aged about 48 years. Occ Advocate. H.No.8/54-1. Kummari Street. Gudur. Tirupati District presently R/o at H.NO.4-6-90/15/2/1/B. Tejaswi Nagar. Attapur. Hyderabad-48. ...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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents 4 and 5 herein interfering in the petitioner s exclusive peaceful possession and enjoyment of the agricultural lands in respect of Sy.No,82-3 Ac.4-64 cents in LP No.250, Khata No.221, Ac.2-03 cents and Sy.No.85-2 Ac. 1-81 cents in LP No.368 in Sy.NO.85-1 Khata No.263 , Sy.No.86-1 Ac. 1-72 cents and Sy.No.86-2 Ac.2-50 cents in L.P.No.364 in Khata No.221, Sy.No. 87-1B Ac 2-10 cents in L.P.No.364 in Khata No.221 and in Sy.No.125 Ac.7- 44 cents in L.P.No.364, Khata No.221 total extent of Ac.22- 24 cents situated at Jogipalli village accounts, Sydapuram Mandal, SPSR Nellore District along with other lands were purchased by him under registered sale deeds dt.25-05-2024 from its original owners despite respondents 4 and 5 herein without jurisdiction have been interfering in his lands in the name of fixing the boundaries for non existing cart track/pathway in favour of the unofficial respondent herein though he submitted his written explanation dt.23-12-2024 along with relevant documents wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 19(1)(g). 21 and 300(A) of the Constitution of India and consequently, direct the respondents authorities herein not to interfere in the agricultural lands in respect of Sy.No.82-A, 85-1, Sy.No. 85-2, Sy.No 86-1, Sy.No. 86-2, Sy.No. 87-1 and Sy.No.125 total extent of Ac.22-24 cents situated at Jogipalli village accounts, Sydapuram Mandal, SPSR Nellore District. 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 2 to 5 herein not to interfere in the petitioner’s agricultural lands in Sy.No.82-3 Ac.4-64 cents in LP No.250, Khata No.221, Sy.NO.85-1 Ac.2-03 cents and Sy.No.85-2 Ac.1-81 cents in i W'r LP No.368 in Khata No.263, Sy.No.86-1 Ac. 1-72 cents and Sy.No.86-2 Ac.2-50 cents in L.P.No.364 in Khata No.221, Sy.No. 87-1B Ac 2-10 cents in L.P.No.364 in Khata No.221 and in Sy.No.125 Ac.7- 44 cents in L.P.No.364, Khata No.221 total extent of Ac.22-24 cents situated at Jogipalli village accounts, Sydapuram Mandal, SPSR Nellore District by consider his explanation / representation dt.23-12- 2024 pending disposal of the writ petition. Counsel for the Petitioner: SRI. V ESWARAIAH CHOWDARY Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE The Court made the following order: 0 APHC010000052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17/2025 Between: 1.M/S GK INDUSTRIES REP. BY ITS MANAGING PARTNER G.KRISHNAM RAJU S/0 NARAYANA RAJU, AGED 40 YEARS, D.NO.2-10, JAFLAPURAM, SYDAPURAM MANDAL, SPSR NELLORE DIST ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT 4.THE TAHSILDHAR, SYDAPURAM NELLORE DISTRICT. 5.THE MANDAL SURVEYOR, SYDAPURAM SYDAPURAM MANDAL, SPSR NELLORE DISTRICT 6.KONDREDDI VAMSI KRISHNA, S/0 LATE K. PRABHAKAR REDDY AGED ABOUT 48 YEARS, OCC ADVOCATE, H.NO.8/54-1, KUMMARI STREET, GUDUR, TIRUPATI DISTRICT PRESENTLY H.NO.4-6-90/15/2/1/B, TEJASWI NAGAR, ATTAPUR, HYDERABAD- SYDAPURAM MANDAL, SPSR R/0 AT *N 2 48 ...RESPONDENT(S): i Counsel for the Petitioner: 1.V ESWARAIAH CHOWDARY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri V.Eswaraiah Chowdary, learned Counsel for the Petitioner and Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue. The Writ Petitioner has challenged the Notice issued by the Mandal Land Survey Officer dated 19.12.2024. Learned Counsel for the Petitioner would submit that the Writ Petitioner has already submitted an explanation on 23.12.2024 (Ex.P2) and thereafter there is no response on the part of the Official Respondents. On noticing the facts of this case where Notice was issued by the Mandal Land Survey Officer only on 19.12.2024, for which the Writ Petitioner has submitted his explanation about ten days back i.e., on 23.12.2024, at the outset this Court is rather constrained to observe that this Writ Petition itself is premature. The Writ Petitioner has approached this Court with haste, without waiting for the response and without even giving any breathing time for the Official Respondents to consider the Representation. In this view of the matter, this Writ Petition is devoid of any merit and accordingly, this Writ Petition is dismissed. However, liberty is granted to the 2. 3. even 4. ' i-^ 3 Writ Petitioner to approach this Court on real causes of actions. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 5. 1 ASS,STANyRyiS ' SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri. V Eswaraiah Chowdary Advocate [OPUC] 2. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 3. Three CD Copies GSC HIGH COURT DATED:03/01/2025 ORDER WP.No.17of 2025 OF o % 2 \ JAN 2025 . Current Section (on DISMISSING OF THE WP WITHOUT COSTS