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2025 DAILYLAW 32976 (AP)

THE FISHERMEN CO OPERATIVE SOCIETY LTD v. THE STATE OF AP

WP/25434/2023 · 2025-01-31

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 25434 OF 2023 Between: The Fishermen Co. Operative Society Ltd, No. B-102, Gollaprolu 533 445 Kakinada District, rep. by its President, V. Anjaneyulu. ...PETITIONER AND The State of AP, Rep. by its PrI. Secretary, Municipal Administration and Urban Development Dept., A.P. Secretariat, Velagapudi - 522 503, Guntur District. The Commissioner and Director of Municipal Administration, Andhra Pradesh, at Prime Hill Crest, Vaddeswaram 522 502, Mangalagiri Mandal, Guntur District. The District Collector, Kakinada District, Kakinada 533 001 Gollaprolu Nagar Panchayat, Gollaprolu 533445, Kakinada District, rep. by its Commissioner, 1. 2. 3. 4. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4**' respondent in proposing to construct sheds by filling the 'Raju tank' with gravel and earth situated in Sy.No. 661 in Gollaprolu, Kakinada District as illegal, arbitrary and contrary to the law laid down by the Apex Court and this Honourable Court and consequently direct the Respondents herein to restore the entire land of the tank i.e., of an extent of Ac. 6.32 Cents by removing the unauthorized constructions made in the tank area of Raju Tank' situated in Sy.No. 661 in Gollaprolu, Kakinada District and protect ,the water body free from encroachments and not to allow any > constructions therein. r. m 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 to direct the respondents and their subordinates not to make constructions or erect sheds in the tank bed area of 'Raju tank', which is having an extent of Ac. 6.32 Cents in Sy.No. 661 in Gollaprolu, Kakinada District, pending disposal of the present Writ Petition. any lA NO: 2 OF 2023 Between: Mogali Veera Bhadra Rao, S/o. Late Kama Raju, Aged about 64 Years, R/o D.No.15-73, Railway Station Road, Gollaprolu, Kakinada District. ...PETITIONER/PROPOSED RESPONDENT No.5 AND 1. The Fishermen Co. Operative Society Ltd, No. B-102, Gollaprolu 533 445, Kakinada District, rep. by its President, V. Anjaneyulu. ...RESPONDENT/WRIT PETITIONER 2. The State of AP, Rep. by its PrI. Secretary, Municipal Administration and Urban Development Dept., A.P. Secretariat, Velagapudi - 522 503, Guntur District. 3. The Commissioner and Director of Municipal Administration, Andhra Pradesh, at Prime Hill Crest, Vaddeswaram 522 502, Mangalagiri Mandal, Guntur District. 4. The District Collector, Kakinada District, Kakinada 533 001 5. Gollaprolu Nagar Panchayat, Gollaprolu 533 445, Kakinada District, rep. by its Commissioner, ...RESPONDENTS/RESPONDENTS w 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 to permit the respondent as proposed respondent No.5 in the writ petition in the interest of justice. Counsel for the Petitioner : SRI M. SIVA RAM FOR SRI N. SIVA REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.3 : GP FOR REVENUE Counsel for the Respondent No.4 : Mrs. V. SIREESHA RANI SC FOR MUNICIPALITY The Court made the following: ORDER w 1 APHC010490722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25434/2023 Between; The Fishermen Co-Operative Society Ltd ...PETITIONER AND The State of A.P. and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.N SIVA REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: X' 2 ORDER: When the matter is taken up today, Mr.Siva Ram, learned counsel representing Mr.N.Siva Reddy, learned counsel for the petitioner sought permission of this Court to withdraw this writ petition. 2. Permission is accorded. Accordingly, this Writ Petition is dismissed as withdrawn. There shall be 3. no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N, NAGAMMA ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri N. Siva Reddy, Advocate [OPUC] 2. Two CCs to GP for Municipal Admn & Urban Development, High Court Of Andhra Pradesh. [OUT] 3. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 4. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 5. Three C.D. Copies. Cnr HIGH COURT ^ T DATED:31/01/2025 ORDER WP.No.25434 of 2023 X 2 5 FEB 2025 r *2-^ Current Section oesPA-rc\^^<^ij DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS