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2025 DAILYLAW 25822 (AP)

MALLAPU MOHAN KRISHNA v. THE STATE OF AP

WP/19364/2025 · 2025-07-28

Subba Reddy Satti

body2025

Judgment text

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APHC010364922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19364/2025 Between: 1. MALLAPU MOHAN KRISHNA, S/O SIVAYYA SETTY, AGED SOYEARS, MALE, OCCUPATION AGRICULTURE, MAIN ROAD, THIMMANAIDU PALEM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. (MOBILE NO.8374889007). ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. A.P.SECRETARIAT OFFICE, VELGAPUDI. GUNTUR DISTRICT, A.P AND THREE OTHERS 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, COLLECTORATE MAIN BUILDING, MAIN ROAD, TIRUPATI-517501, TIRUPATI DISTRICT. 3. THE SUBCOLLECTOR, GUDUR DIVISION, MAIN ROAD, GUDUR- 524101,-T HIRUPATI DISTRICT. 4. THE TAHASILDAR, KOTA MANDAL, MAIN ROAD, KOTA VILLAGE AND MANDAL-524411, TIRUPATI DISTRICT. RICT. 5. VENUMBAKA RAMIREDDY, , S/O RAGAVAREDDY, PROFESSION AGRICULTURE ROAD, KOTHAPALEM VILLAGE-517520, KOTA MANDAL, TIRUPATI DISTRICT. MAM 6. VENUMBAKA ASWIN REDDY, S/O RAMIREDDY, PROFESSION AGRICULTURE, MAIN ROAD, KOTHAPALEM VILLAGE-517520, SRS,J W.P.No.19364 of 2025 KOTA MANDAL, TIRUPATI DISTRICT ...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 topleased to issue Writ or Order or Direction particularly one in the nature of Writ of Mandamus, declaring the illegal actions of the respondents more particularly in action of the respondent No.4 from restraining the respondents No.5 and 6 from encroach the public pathway in revenue survey No.1056 of Thimmanaidu village, kota mandal, Tirupati district is illegal, arbitrary, unconstitutional and also contrary to the sections.2,3, 7A of the Andhra Pradesh land encroachment Act, 1905 contrary to the section.3 of the prevention of damage to public property Act, 1984 violation of principles of natural justice and violation of Article 14 of the Constitution of India and consequently direct the respondents N0.I to 4 to restrain the respondents No.5 and 6 from encroach the public pathway in revenue survey No. 1056 of Thimmanaidu village, kota mandal, Tirupati district pending disposal of the writ petition 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 pleased to direct the respondents No.1 to 4 to restrain the respondents No.5 and 6 from encroach the public pathway in revenue survey No.1056 of Thimmanaidu village, kota mandal, Tirupati district pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: SRS,J W.P.No.19364 of 2025 ::ORDER:: Heard Sri Mullapudi Satyanarayana, learned counsel for the petitioner and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, for respondents 1 to 4. 2. Notice to respondents 5 and 6 is dispensed with since no adverse order affecting their rights or interest is passed. 3. The grievance of the petitioner is that respondents 1 to 4 are not considering the representation dated 12.06.2025 (Ex.P4) made by the petitioner, seeking protection of the rastha in R.S.No.1056 of Thimmanaidu Village, Kota Mandal, Tirupati District, as illegal and arbitrary. 4. Learned counsel for the petitioner would submit that earlier, the petitioner made a representation on 02.04.2025 (Ex.P2), when respondents 5 and 6 encroached public rastha. Acting upon the representation, respondent No.4, Tahsildar, restored the rastha and issued an endorsement on 04.06.2025 (Ex.P3). He would further submit that thereafter, respondents 5 and 6 again encroached the rastha and hence, the petitioner made another representation dated 12.06.2025 (Ex.P4). Complaining of non-consideration of Ex.P4, representation, the above writ petition is filed. 5. Learned Assistant Government Pleader submitted instructions furnished by respondent No.4, along with photographs, which were taken on 29.07.2025, at 12:24 noon and submitted that there is no encroachment on the subject rastha. 6. A copy of the instructions, along with photographs, is handed over to the learned counsel for the petitioner. 7. Given the instructions furnished by respondent No.4, the grievance of the petitioner that respondent No.4 has not considered the petitioner’s representation, dated 12.06.2025 is misconceived. In fact, the relief sought by SRS,J W.P.No.19364 of 2025 the petitioner is accomplished. Hence, no further adjudication is required in the writ petition. 8. Accordingly, this writ petition is closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.07.2025 ikn SRS,J W.P.No.19364 of 2025 172 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19364 of 2025 Date: 29.07.2025 IKN