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2025 DAILYLAW 24740 (AP)

Dasari Venkata Rao, v. The State of Andhra Pradesh,

WP/18611/2025 · 2025-07-28

Harinath N

body2025

Judgment text

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I H APHC010349862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0 TUESDAY, THE TWENTY NINETH ^ DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. WRIT PETITION No: 18611 OF 209 N Between: Dasari Venkata Rao, S/o.Pullaiah, Aged about 54 years, R/o.D No 4-10-14 Vengayagan Palem Road, Pathavooru, Kavali Town, SPSR Nellore District - 524201. ...PETITIONER AND Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati - 522237. 2. Kavali Municipality, rep by its Commissioner, Kavali Town Nellore District - 524201. 1. The State of Andhra . SPSR 3. Janigarla Mahendra, S/o. Krishnaiah Aged about 45 Dr.No.5-1-70B, Madhurivari Street 524201. 4. Karneti Alluraiah, years, R/o Kavali Town, SPSR Nellore District - S/o. Guruvaiah, Aged about Brundhavan Colony, Kavali Town, SPSR Nellore 5. Aningi Sesha Reddy, S/o. Sundhararami 61 years, R/o. District - 524201. Reddy, Aged about 80 years, Kavali Town, SPSR Nellore District - R/o Puli Shaheb Street, Pathauru, 524201. R/o"pt"N“o 4c" SSr'°R 39 years, SPSR Neltore District 52420^"^''' Town, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue the WRIT OF MANDAMUS (or) directing the Respondent No.1 & 2 to provide the certified approved layout and its approval proceedings vide may be any appropriate Writ copies of alleged L.P.No.420/2007 purportedly showing the Petitioner's subject property as a public place and direct them to enquire in to the alleged layout supra and its wrongful usage by the Respondent Nos.3 to 6 for handing over the Petitioner's subject property to R2 and may call for a Report from R1 to R2 and may permit the Petitioner to register a criminal case against Respondents 3 forgery, cheating, and to 6 for criminal trespass, intimidation, and may direct appropriate Police protection for the Petitioner. lA No: 1 OF 2()?fi 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 to not to interfere into the petitioner subject property without following due process of law pending disposal of Writ Petition. Counsel for the Petitioner: SRI VENKATA RANJIT KUMAR BEEDA Counsel for the Respondent No.1: URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent Nos.3 to 6: The Court made the following order: GP FOR MUNICIPAL ADMN AND r APHC010349862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18611/2025 Between: 1.DASARI VENKATA RAO YEARS PATHAVOORU 524201 S/0 PULLAIAH, AGED ABOUT 54 R/0 D.NO.4-10-14. VENGAYAGAR! PALEM ROAD, KAVALI TOWN, SPSR NELLORE DISTRICT - ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARY, DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI - 522237. 2.KAVALI MUNICIPALITY, REP BY ITS COMMISSIONER KAVALI TOWN, SPSR NELLORE DISTRICT - 524201. 3.JANIGARLA MAHENDRA, S/O KRISHNAIAH AGED ABOUT 45 YEARS, R/0 DR.NO.5-1-70B, MADHURIVARI STREET, KAVALI TOWN,SPSR NELLORE DISTRICT - 524201. AGED ABOUT 61 KAVALI TOWN,SPSR 4.KARNETI ALLURAIAH, S/O GURUVAIAH YEARS, R/0 BRUNDHAVAN COLONY, NELLORE DISTRICT - 524201. 5.ANINGI SESHA REDDY, S/O SUNDHARARAMI REDDY AGED ABOUT 80 YEARS, R/0 PULI SHAHEB STREET, PATHAURU, 2 KAVALI TOWN, SPSR NELLORE DISTRICT - 524201. I 6.CHERUKURI MADHAVA RAO, S/0 KONDAPPA NAIDU, AGED ABOUT 39 YEARS, R/0 FLAT N0.4C, SSC RESIDENCY, JANATHAPETA NORTH, KAVALI TOWN, SPSR NELLORE DISTRICT-524201 ...RESPONDENT(S): Counsel for the Petitioner: 1.VENKATA RANJIT KUMAR BEEDA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 3 - The Court made the following Order: The petitioner is aggrieved by the inaction on part of respondent No.2 in considering his representation dated 28.08.2024. Learned counsel for the petitioner submits that the petitioner has purchased the land admeasuring 15.60 ankanams vide agreement of sale- cum-possession dated 05.08.2021 and that respondent Nos.3 to 6 are interfering in his possession and also claiming that the land which was purchased by the petitioner is an open place meant for public purpose as per L.P.No.420 of 2007. However, a copy of the layout was not furnished by the petitioner. It is submitted that there is no said layout. However, at the behest of respondent Nos.3 to 6 respondent No.2 is trying to interfere with the possession of the petitioner. 2. Respondent No.2 is directed not to interfere with the po^ssion of the petitioner at the behest of respondent Nos.3 to 6 and the 2"^^ respondent will consider the representation of the petitioner dated 28.08.2024 and furnish a of L.P.No.420 of 2007, if any, available to the petitioner. Any further relief against respondent Nos.3 to 6 would have to be worked out before the 3. copy competent Civil Court. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closedl 4. Sd/- K TATA RAO DEPUT^^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Kavali, Kavali Town, SPSR Nellore District - 524201. 3. Janigarla Mahendra, S/o Krishnaiah Aged about 45 years, R/o Dr.No. Kavali Town,SPSR Nellore District - 5-1-70B, Madhurivari street, 524201. 4. Karneti Alluraiah, S/o Guruvaiah Aged about 61 years, R/o Brundhavan Colony, Kavali Town,SPSR Nellore District - 524201. 5. Aningi Sesha Reddy, S/o Sundhararami Reddy Aged about 80 years, R/o Puli Shaheb Street, Pathauru, Kavali Town, SPSR Nellore District - 524201. 6. Cherukuri Madhava Rao, S/o Kondappa Naidu, Aged about 39 R/o Flat No.4C, SSC Residency, Janathapeta North SPSR Nellore District-524201 7. One CC to Sri Venkata Ranjit Kumar Beeda, Advocate [OPUC] 8. Two CCs to GP for Municipal Administration & Urban High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Gudapati Lakshmi Narayana [OPUC] years, Kavali Town, Development, SC for Municipality. 10. Two CD Copies. gi HIGH COURT DATED:29/07/2025 ORDER WP No.18611 OF 2025 ^2 0 AUG 2025 i ntSectlgaX* DISPOSING THE WRIT PETITION WITHOUT COSTS