APHC010354712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 18058/2024 Between: 1. AVULA ESWAR REDDY,, S/O. RAMACHANDRA REDDY, AGE- 36 YEARS, R/O.3/136, ALANKHAN PALLI, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY.ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, AMARAVATHI. 2. STATE OF ANDHRA PRADESH, REP.BY.ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, AMARAVATHI. 3. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 4. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, KADAPA. 5. THE MANDAL REVENUE OFFICER CUM EXECUTIVE MAGISTRATE, KADAPA MANDAL, KADAPA, YSR KADAPA DISTRICT. 6. M/S MAKKAH MASJID TRUST, REP.BY. ITS PRESIDENT SUBBARAYUCKI @ ABDUL SUBHAN, PLOT.NO.4, SY.NO.482/2, GUDUR VILLAGE, KADAPA MANDAL, YSR KADAPA, R/O.D.NO.70/166, DASTAGIRIPETA, ALAMKHAN PALLI, KADAPA, ADJACENT TO THE MANASA DEVI TEMPLE, KADAPA, YSR KADAPA. ...RESPONDENT(S): 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, order, or direction in the nature of Writ of Mandamus declaring the impugned order passed by the Respondent.No.5 vide MC.No.625/2024 dated 01.08.2024 under Section 164 of BNSS, 2023 prohibiting the Petitioner to enter into his private property to an extent of Ac.0.03 Cents at Plot.No.7, Sy.No.482/2, Gudur Village, Kadapa Mandal, YSR Kadapa District without following due-process of law and procedure, is illegal arbitrary, Capricious, Violative of Principles of Natural Justice and also violative of the Fundamental Rights enshrined under Articles 14, 19, 2 21 and 25 of the Constitution of India, 1950 and Consequently, to set- aside the impugned order passed by the Respondent.No.5 vide MC.No.625/2024 dated 01.08.2024 under Section 164 of BNSS, 2023 and/or Pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. SHAIK MOHAMMED ISMAIL The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to Issue a writ, order, or direction in the nature of Writ of Mandamus declaring the impugned order passed by the Respondent.No.5 vide MC.No.625/2024 dated 01.08.2024 under Section 164 of BNSS, 2023 prohibiting the Petitioner to enter into his private property to an extent of Ac.0.03 Cents at Plot.No.7, Sy.No.482/2, Gudur Village, Kadapa Mandal, YSR Kadapa District without following due-process of law and procedure, is illegal arbitrary, Capricious, Violative of Principles of Natural Justice and also violative of the Fundamental Rights enshrined under Articles 14, 19, 21 and 25 of the Constitution of India, 1950 and Consequently, to set-aside the impugned order passed by the Respondent.No.5 vide MC.No.625/2024 dated 01.08.2024 under Section 164 of BNSS, 2023 and/or Pass ...” Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Learned Assistant Government Pleader for Home on instructions, would submit that in the light of the interim orders passed by this Court on 04.10.2024 in IA No.2 of 2024, no further orders are necessary in this Writ Petition and 3 would submit that this Court may pass appropriate orders by disposing of this Writ Petition. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of by passing appropriate orders. In the light of the submissions made, this Writ Petition is disposed of making the interim order passed on 04.10.2024 in IA No.2 of 2024 as absolute. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 18058 2024 12.09.2025 Mjl /*