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2025 DAILYLAW 28340 (AP)

Gudimetla Siva Prasad Reddy, v. The State of Andhra Pradesh,

WP/22306/2023 · 2025-07-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010403642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22306/2023 Between: 1. GUDIMETLA SIVA PRASAD REDDY,, S/O SUBBI REDDY, AGE 65 YEARS, RESIDENT OF DOOR NO. 9-42-5/A, BALAJI NAGAR, VISAKHAPATNAM. 2. GUDIMELTA KAMALA KUMARI,, W/O SIVA PRASAD REDDY, AGE 61 YEARS, RESIDENT OF DOOR NO. 9-42-5/A, BALAJI NAGAR, VISAKHAPATNAM. 3. SMT. KOVVURI SATYA SUREKHA,, W/O SRINIVASAS REDDY, RESIDENT OF D. NO. 10-27-5, OPP- CIRCUIT HOUSE, RAMNAGAR, VISAKHAPATNAM. 4. GUNTUBOINA VINOD KUMAR,, S/O LATE SATYANARAYANA, RESIDENT OF D. NO. 10-50-85, GANJIPETA JUNCTION, VISAKHAPATNAM. 5. SRI BANDARU RAMAKRISHNA,, S/O LATE VENKAT RAO, RESIDENT OF D.NO. 49-27-32/B, MADHURANAGAR, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE VICE CHAIRMAN, VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY (VMRDA) VISAKHAPATNAM. 3. THE METROPOLITAN COMMISSIONER, VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY (VMRDA), VISAKHAPATNAM. 4. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 5. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 6. THE MANDAL REVENUE OFFICER, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM. ...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 toIt is therefore prayed that this Honble Court may be pleased to 2 issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent no 2 to 4 threatening to dispossess the petitioners from their properties situated in Nidigattu Village, Bheemunipatnam Mandal, Visakhapatnam, without issuing any notice or following due process of law and which is arbitrary, against the principles of natural justice and violation of the provisions contained in Article 14, 19, 21, and 300A of Constitution of India and subsequently direct the respondent authorities not dispossess the petitioners from their properties and pass such other order or orders may deem fit and proper in the circumstances of the case Prayer is amended as per the Court Order dt.01.07.2024 vide orders passed in I.A.No. 01 of 2024. IA NO: 1 OF 2023 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 direct the respondent authorities not to take any action against the petitioner's properties situated in Nidigattu Village, Anandhapuram Mandal, Visakhapatnam, without following the due process of law, till pending disposal of the above writ petition and pass IA NO: 1 OF 2024 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 amend the main prayer in the Writ petition No. 22306 of 2023 as It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent no.2 to 4 threatening to dispossess the petitioners from their properties situated in Nidigattu Village, Bheemunipatnam Mandal, Visakhapatnam, without issuing any notice or following due process of law; and which is arbitrary, against the principles of natural justice and violation of the provisions contained in Article 14, 19, 21, and 300A of Constitution of India and subsequently direct the respondent authorities not dispossess the petitioners from their properties and pass such other order or orders may deem fit and proper in the circumstances of the case. and pass IA NO: 2 OF 2024 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 may be pleased to grant special leave permission to the petitioners to submit the rejoinder/reply to the counter of the respondent in delay and pass Counsel for the Petitioner(S): 1. SESHU KUMAR NALI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 4. Somisetty Ganesh Babu SC For VUDA and MUDA 3 The Court made the following Order: When the matter is taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw the Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. 4. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 30.07.2025 BMS