APHC010341882020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Nelakuditi Kasi Visweswara Rao, S/o Tirupathaiah Aged 48 years, Occ Business, R/o No.6-62, Raithupeta, Nandigama, Krishna District. 2. Nelakuditi Tirupathaiah, S/o (late) Kasaiah Aged about 69 years Occ Business R/o No.6-62, Raithupeta, Nandigama, Krishna District 1. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Secretariat Building, Nelapadu, Amaravati. 2. The Mandal Executive Magistrate/Tahsildar, Nandigama Manda District. 3. The SHO, , Nandigama Police Station Nandigama, Krishna District. 4. Pathuri Srinivasa Rao, S/o late Jagan Mohan Rao aged about 55 years, Occ- Business R/o Flat No. G2, Geethika Residency, Srinagar Colony, Hyderabad. 5. Nelakuditi Sulochana Devi, W/o late Nageshwar Rao aged about 55 years Occ- House Wife, R/o 6-61,Raithupeta, Nandigama. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22689 OF 2020 1. Nelakuditi Kasi Visweswara Rao, S/o Tirupathaiah Aged 48 years, Occ 62, Raithupeta, Nandigama, Krishna District. 2. Nelakuditi Tirupathaiah, S/o (late) Kasaiah Aged about 69 years Occ 62, Raithupeta, Nandigama, Krishna District ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Secretariat Building, Nelapadu, Amaravati. 2. The Mandal Executive Magistrate/Tahsildar, Nandigama Manda 3. The SHO, , Nandigama Police Station Nandigama, Krishna District. 4. Pathuri Srinivasa Rao, S/o late Jagan Mohan Rao aged about 55 years, Business R/o Flat No. G2, Geethika Residency, Srinagar Colony, Sulochana Devi, W/o late Nageshwar Rao aged about 55 years 61,Raithupeta, Nandigama. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Nelakuditi Kasi Visweswara Rao, S/o Tirupathaiah Aged 48 years, Occ- 2. Nelakuditi Tirupathaiah, S/o (late) Kasaiah Aged about 69 years Occ- ...Petitioners 1. The State of Andhra Pradesh, Represented by its Principal Secretary Home 2. The Mandal Executive Magistrate/Tahsildar, Nandigama Mandal, Krishna 3. The SHO, , Nandigama Police Station Nandigama, Krishna District. 4. Pathuri Srinivasa Rao, S/o late Jagan Mohan Rao aged about 55 years, Business R/o Flat No. G2, Geethika Residency, Srinagar Colony, Sulochana Devi, W/o late Nageshwar Rao aged about 55 years 6. Nelakuditi Hari Krishna, S/o late Nageshwar Rao aged about 31 years Occ- House Wife, R/o 6-61, Raithupeta, Nandigama ...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 be pleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of 2nd Respondent in issuing proceedings in MC.No. 69/2020 dated 23-11-2020, thereby seeking to dispossess the petitioners from the subject property i.e., Sri Srinivasa Filling Station at survey no. 633 of Nandigama village and Mandal, Krishna District as illegal, arbitrary, unconstitutional, contrary to Section 145 (1) of the Code of Criminal Procedure besides violating the fundamental rights of the petitioners guaranteed under Article 19(1) (g) of the Constitution of India and consequently set aside the same 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 suspend the orders of the 2nd Respondent in MC.No. 69/2020 dated 23-11-2020, pending the disposal of the writ petition and pass Counsel for the Petitioners: P BADRINATH Counsel for the Respondents: RAMA RAO KOCHIRI Counsel for the Respondents:GP FOR REVENUE The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22689 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of 2nd Respondent in issuing proceedings in MC.No. 69/2020 dated 23-11- 2020, thereby seeking to dispossess the petitioners from the subject property i.e., Sri Srinivasa Filling Station at survey no. 633 of Nandigama village and Mandal, Krishna District as illegal, arbitrary, unconstitutional, contrary to Section 145 (1) of the Code of Criminal Procedure besides violating the fundamental rights of the petitioners guaranteed under Article 19(1) (g) of the Constitution of India and consequently set aside the same and pass...” 2. When the matter was taken up for hearing, learned counsel for the petitioner would submit that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the same, the Writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22689 OF 2020 Date: 03.09.2025 KKV