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2025 DAILYLAW 22967 (AP)

P. Raj Kumar v. The State of Andhra Pradesh,

WP/16466/2024 · 2025-09-03

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010323612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16466/2024 Between: 1. P. RAJ KUMAR, S/O. LATE P.S. RAMAN, AGE 52 YEARS, R/O. DOOR NO. 1-37, KANIKAPAAKAM VILLAGE AND POST, IRALA MANDAL, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, AMARAVATI, GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 4. THE TAHSILDHAR, IRALA MANDAL, CHITTOOR DISTRICT. 5. THE MANDAL EDUCATION OFFICER, IRALA MANDAL, CHITTOOR DISTRICT. 6. THE HEAD MASTER, ZILLA PARISHAD HIGH SCHOOL, AGARAMPALLY VILLAGE, CHITTOOR DISTRICT. 7. THE PANCHAYAT SECRETARY, KANIKAPAKM VILLAGE, CHITTOOR DISTRICT. 8. A MOHAN REDDY, S/O. LATE RAGHUNATHA REDDY, AGE 52 YEARS. DOOR NO.3-141, AGARAMPALLY MAJARA NO.44, KANIPAKAM VILFAGE, KANIPAKAM POST, IRALA MANDAL, CHITTOOR DISTRICT. 9. A JAGADHA, W/O. A. MOHAN REDDY, AGE 53 YEARS, DOOR NO.3-141, AGARAMPALLY MAJARA NO.44, KANIPAKAM VILLAGE, KANIPAKAM POST, IRALA MANDAL, CHITTOOR DISTRICT. 10. V BHASKAR S/O SUNDARESAN, AGED ABOUT 43 YEARS, R/O D.NO.2-8,VINAYAKAPURAM, KANIPAKAM,IRALA MANDAL, CHITTOOR DISTRICT, AP 517131. R10IS IMPLEADED AS PER THE COURT ORDER DT.01.10.2024 VIDE ORDERS PASSED IN I.A.NO. 04 OF 2024. ...RESPONDENT(S) 2 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 an appropriate order, or writ or direction or proceeding, more particularly one, in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 7, particularly respondents 2 to 4, in not taking any action for the illegal constructions being made by 8th and 9th respondents, over the land in in extent of Ac. 0-07 cents in sy.No.362 in Kanipakam Village, Irala Mandalm, Chittoor District belonging the 6th respondent, as being illegal, violative to Article of the constitution and violative to A.P.Land encroachment act and rules made thereunder and consequently direct the respondents 2 to 4 to protect the land belonging to the respondent No.6 ZPHS School, and a consequential direction to demolish the illegal construction made by respondents 8 and 9, and to restore the same to the possession and enjoyment of the 6th respondent and to pass IA NO: 1 OF 2024 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 4, to consider my representations dated 10-06-2024 and 08-07-2024 requesting for to stop the illegal constructions being made by the 8th and 9th respondents on the land in survey No.362 Ac.0-07 cents, KanipakamVillage, Irala Mandal, Chittoor District pending disposal of the writ petition IA NO: 2 OF 2024 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 grant permission to the petitioners to file better affidavit in WP. No. 16466 of 2024 and to treat the same as part and parcel of the writ petition, in the interest of justice, and pass IA NO: 3 OF 2024 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 VACATE the interim order of dated 21.08.2024 passed in W.P.No. 16466 of 2024, and pass IA NO: 4 OF 2024 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 may be pleased to permit the proposed respondent 3 No.10 as party respondent No. 10 in WP. No. 16466 of 2024 and in all its allied miscellaneous applications, in the interest of justice, and pass IA 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 grant leave to the Respondent No.4 to file counter in the above writ petition and pass Counsel for the Petitioner: 1. P HEMACHANDRA Counsel for the Respondent(S): 1. (SC FOR PANCHAYAT RAJ)K UPENDER REDDY 2. GP FOR REVENUE 3. N ASHWANI KUMAR 4. GP FOR SCHOOL EDUCATION 5. N BHARAT BABU The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 16466 of 2024 ORDER: Sri N.Manikanta, learned counsel representing on behalf of Sri P.Hema Chandra, learned counsel for the petitioner, seeks permission of this Court for withdrawal of the writ petition and also endorsed the same on the bundle. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.09.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 16466 OF 2024 Date: 04.09.2025 SPP