APHC010464702022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28190/2022 Between: 1. M. KRISHNA, S/O LATE M. RAMAIAH, AGED ABOUT 43 YEARS, OCC. EMPLOYEE, RESIDING AT D.NO. 4 PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. 2. M. RADHA, W/O LATE M. RAMAKRISHNA, AGED ABOUT 48 YEARS, OCC. HOUSE WIFE, PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. 3. M. KALYANI, W/O P. BHASKAR, AGED ABOUT 31 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4 CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DIS 4. M. SUBRAMANYAM, S/O LATE M. RAMAKRISHNA, AGED ABOUT 27 YEARS, OCC. SELF EMPLOYEE, RESIDING AT D.NO. 4 LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. 5. M. SAMPATH KUMAR, S/O LATE M. VELAYUDHAM, AGED ABOUT 32 YEARS, OCC. EMPLOYEE, RESIDING AT D.NO. 2 YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DISTRICT. 6. M. LILITH KUMAR, YEARS, OCC. UN EMPLOYEE, RESIDING AT D.NO. 2 YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DIS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28190/2022 M. KRISHNA, S/O LATE M. RAMAIAH, AGED ABOUT 43 YEARS, OCC. EMPLOYEE, RESIDING AT D.NO. 4-78/2, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR M. RADHA, W/O LATE M. RAMAKRISHNA, AGED ABOUT 48 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4-740, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR M. KALYANI, W/O P. BHASKAR, AGED ABOUT 31 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4-740, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DIS M. SUBRAMANYAM, S/O LATE M. RAMAKRISHNA, AGED ABOUT 27 YEARS, OCC. SELF EMPLOYEE, RESIDING AT D.NO. 4 LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. M. SAMPATH KUMAR, S/O LATE M. VELAYUDHAM, AGED ABOUT OCC. EMPLOYEE, RESIDING AT D.NO. 2 YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DISTRICT. M. LILITH KUMAR, S/O LATE M. VELAYUDHAM, AGED ABOUT 28 YEARS, OCC. UN EMPLOYEE, RESIDING AT D.NO. 2 YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DIS [3505] M. KRISHNA, S/O LATE M. RAMAIAH, AGED ABOUT 43 YEARS, 78/2, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR M. RADHA, W/O LATE M. RAMAKRISHNA, AGED ABOUT 48 YEARS, 740, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR M. KALYANI, W/O P. BHASKAR, AGED ABOUT 31 YEARS, OCC. 740, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. M. SUBRAMANYAM, S/O LATE M. RAMAKRISHNA, AGED ABOUT 27 YEARS, OCC. SELF EMPLOYEE, RESIDING AT D.NO. 4-740, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, M. SAMPATH KUMAR, S/O LATE M. VELAYUDHAM, AGED ABOUT OCC. EMPLOYEE, RESIDING AT D.NO. 2-74/A, YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DISTRICT. S/O LATE M. VELAYUDHAM, AGED ABOUT 28 YEARS, OCC. UN EMPLOYEE, RESIDING AT D.NO. 2-74/A, YERRAMITTA, RAJIV NAGAR, TIRUPATI, TIRUPATI DISTRICT. 2 7. M. PADMA, W/O LATE M. KUMAR, AGED ABOUT 42 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4-78/A, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. 8. M. SWATHI, W/O MANISH, AGED ABOUT 26 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4-78/2, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. 9. M. DIVYA, W/O DINAKAR, AGED ABOUT 22 YEARS, OCC. HOUSE WIFE, RESIDING AT D.NO. 4-78/2, LOKAMATHA PURAM, CHUTTAGUNTA RAMAPURAM, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT,ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (MUNICIPAL ADMINISTRATION 8V URBAN DEVELOPMENT), SECRETARIAT BUILDINGS, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT. 5. THE TAHSILDAR, RAMACHANDRAPURAM, TIRUPATI DISTRICT. 6. THE COMMISSIONER, TIRUPATI MUNICIPAL CORPORATION, TIRUPATI DISTRICT. 7. SRI BRAHMARSHI ASHRAM, REP BY ITS MANAGER, C. RAMAPURAM VILLAGE AND POST, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): 3 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 pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring A) The action of 6th Respondent in laying Road in the Petitioner's Property without following due process of law as arbitrary, illegal, violative of Principles of Natural Justice consequently direct the 6th Respondent to pay compensation for the extent of land utilized for the laying of road in petitioner's property in accordance with law. B)The 5th Respondent Proceedings Vide Roc.A.28/2022 dt. 10.05.2022 in resumption of the Agriculture Land an extent of Ac. 3.46 cents situated in Sy.No. 242/1 of C. Ramapuram Village, Ramachandrapuram Mandal, Tirupati District after 54 years of assignment without issuing valid notice, without conducting fair inquiry, without giving reasonable opportunity and without assigning valid reasons and without initiating appropriate proceedings as arbitrary, illegal, abusive of powers conferred in Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 and Rules thereon and Violation of Principles of Natural Justice and Violative of Article 300-A of Constitution of India. C)The Respondents to remove the encroachment of 7th Respondent in the Petitioner's Property consequently direct the Respondents to handover the property to the petitioner's duly removing the encroachment by the 7th Respondent. D)To pass IA NO: 1 OF 2022 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 suspend the 5th Respondent Proceedings Vide Roc.A.28/2022 dt. 10.05.2022 in respect of Petitioner's Agriculture Land an extent of Ac. 3.46 cents situated in Sy.No. 242/1 of C. Ramapuram Village, Ramachandrapuram Mandal, Tirupati District pending disposal of the above Writ Petition and to pass 4 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 to vacate the interim order issued in IA No. 1/2022 in WP No. 28190/2022 dt. 05-09-2022 and to dismiss the writ petition as the same subject was filed vide WP No. 21834/2022 (which operates as res-judicata and pass Counsel for the Petitioner(S): 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. V SURYA KIRAN KUMAR 4. J DILEEP KUMAR 5 The Court made the following order: The learned counsel for the petitioner filed a memo dated 03.07.2025 requesting permission of this Court to withdraw the present writ petition. The memo dated 03.07.2025 is placed on record. 2. Sri Vengalareddy, learned Standing Counsel for Municipal Corporation, Rayalaseema appeared for Respondent Corporation. 3. The request of the learned counsel for the petitioner is accepted. 4. Accordingly, the Writ Petition is dismissed as withdrawn giving liberty to the petitioner to avail the remedies available under law. There shall be no order as to costs. As a sequel, miscellaneous application pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date:07.07.2025 GRL 6 100 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO:28190 OF 2022 Date: 07.07.2025 GRL 7