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2025 DAILYLAW 26322 (AP)

JAVVAJI VENKATESWARA RAO v. THE STATE OF AP

WP/18841/2025 · 2025-07-27

Harinath N

body2025

Judgment text

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1 $ APHC010371992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18841 OF 2025 Between: Javvaji Venkateswara Rao, S/o. Ramulu, aged 63 years, R/o. 8-10-74/10, Nehru Nagar, 1"‘ Lane, Gorantb village, Guntur District, Andhra Pradesh- 522001 ...Petitioner AND The State of Andhra Pradesh, rep. by its Principle Secretary, Municipal Administration and Urban Development Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur, Guntur District, Andhra Pradesh 3. The District Collector of Guntur, Guntur District, Andhra Pradesh. 4. The Station House Officer, Nallapadu Police Station, Guntur District Andhra Pradesh. 1. ...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 issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of 2 to 4 respondents in making efforts to dispossess the petitioner from his lands extent 207 square yards in plot No. 178, an extent of 207 square yards in plot No. 179 and an extent of 207 square yards in plot No. 189/Asituated in Door NO. 41/A of Guntur East Mandal, Guntur District, Andhra Pradesh without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon’ble Apex court in the case of RAME GOWDA V/S M VARADAPPA NAIDU Citation 2003 Law Suit(SC) 1248 and consequential direct the respondents not to interfere into the peaceful possession over the petitioners lands extent 207 square yards in plot No. 178, an extent of 207 square yards in plot No. 179 and an extent of 207 square yards in plot No. 189/Asituated in Door NO. 41/A of Gorantia Village, Guntur East Mandal, Guntur District, Andhra Pradesh except procedure established by the law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere over the possession of the peaceful possession over the petitioner's lands extent 207 square yards in plot No. 178, an extent of 207 square yards in plot No. 179 and an extent of 207 square yards in plot No. 189/Asituated in Door NO. 41/A of Guntur East Mandal, Guntur District, Andhra Pradesh, except due process of law and pass order or orders in accordance with law pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. NALLANAGULA LALITHA SREE Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY Counsel for the Respondent No.3 :GP FOR REVENUE Counsel for the Respondent No.4 : GP FOR HOME The Court made the following order: % APHC010371992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18841/2025 Between: 1.JAVVAJI VENKATESWARA RAO. S/0 RAMULU, AGED 63 YEARS. R/0 8-10-74/10, NEHRU NAGAR, 1ST LANE, GORANTIA VILLAGE. GUNTUR DISTRICT, ANDHRA PRADESH-522001 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY. ADMINISTRATION AND URBAN DEVELOPMENT OFFICE, VELAGAPUDI, MUNICIPAL DEPARTMENT, A.P SECRETARIAT AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH 3.THE DISTRICT COLLECTOR OF GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, NALLAPADU POLICE STATION GUNTUR DISTRICT ANDHRA PfRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1 NALLANAGULA LALITHA SREE 2 Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of respondent Nos. 2 to 4 in trying to dispossess him of his lands admeasuring 207 square yards in Plot Nos. 178, 179, and 189/A, situated at Door No. 41/A, Gorantia Village, Guntur East Mandal, Guntur District. 2. This Court directed the learned Standing Counsel for the 2'"'^ respondent-corporation to get instructions in the matter on 23.07.2025. 3. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader appearing for the 4^^ respondent submits that there is interference from the 4**^ respondent. no 4. The learned Standing Counsel appearing for the 2^^ respondent also submits that there is no interference from the 2"'^ respondent. Recording the submissions, this writ petition is closed. However, it is left open to the respondent authorities to initiate any action against the petitioner, if so warranted, by following the due process of law. There shall be no order 5. as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand dosed. //TRUE COPY// Sd/- N. NAGA!V!iV1A ASSISTANT REGISTRAR /?' ^ SECTION OFFICER To, 1. One CC to Mrs. Nallanagula Lalitha Sree, Advocate {OPUC] 2. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh [OPUC] 5. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 6. Two CD Copies Cnr 1 HIGH COURT DATED:28/07/2025 ORDER WP NO. 18841 OF 2025 CLOSING THE W.P. WITHOUT COSTS