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2025 DAILYLAW 34889 (AP)

GOGINENI SRINIVASA RAO v. POTHALA APPALA NAIDU

WA/1085/2024 · 2025-01-28

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATF TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR^ AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATl- WRIT APPEAL NO: 1085 OF 2024 Writ Appeal under Clause 15 of the Letters Patent Appeal preferred against the Judgment in W.P.No. 24260/2024 dated 28.10.2024, on the file of the High Court. Between: Gogineni Srinivasa Rao, S/o.Venkateswarlu Aged about 58 years Occ Business Flat No.101, Ananthapadma Residency OU Colony, Shaikpet, Hyderabad Shown as D.No.6-69, Opp Gitam College Rushikonda, Visakhapatnam. ...APPELLANT^, AND 1. Pothala Appala Naidu, S/o.Rammurthy Aged about 44 years R/o.45-2- 30/39/1 Behind Shadikhana Kalyana Mandapam Abid Nagar, Akkayyapalem, Visakhapatnam - 530 016. 2. State of Andhra Pradesh, rep by its Principal Secretary Department of Municipal Administration and Urban Development, Velagapudi, Secretariat Buildings Amaravati. 3. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep by its Commissioner 4. The Tahsildar, Visakhapatnam Rural Mandal Visakhapatnam District. 5. The Station House Officer, P M Palem PS, Visakhapatnam City. ...RESPONDENTS lA NO: 3 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 to suspend operation of Order dated.28.10.2024 in WP No.24260/2024 of Hon’ble Learned Judge. ^ t Counsel for the Appellant: SRI K B RAMANNA DORA - Counsel for the Respondent No.1: SRI N ASHWANI KUMAR Counsel for the Respondent No.2: GP FOR MUNICIPAL ADMN & URBAN-- DEV Counsel for the Respondent No.3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.4: GP FOR REVENU^ Counsel for the Respondent No.5: GP FOR HOME ^ The Court made the following: ORDER APHC010547102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1085 of 2024 Bench Sr.No:-30 [3483] EB0 0Ss / Gogineni Srinivasa Rao ...Appellant Vs. Pothala Appala Naidu and others ...Respondents ********** Advocate for Appellant: Advocates for Respondents: Mr. K. B. Ramanna Dora GP for Home, Mr. Ashok Kumar, GP for Revenue, GP for Muncipal Admn Urban Dev, Mr. A. S. C. Bose (SC for Municipal Corporations AP) CORAM :THE CHIEF JUSTICE DHIRAJ SINGH SRI JUSTICE RAVI CHEEMALAPATI : 28*'’ January, 2025. THAKUR DATE PC : The present writ appeal has been order, dated 28.10.2024, preferred against the judgment and passed in W.P.No.24260 of 2024, whereby the writ petition was disposed of with a direction to the officiai respondents in the said representation filed by the petitioner, petition to dispose of the dated 15.07.2024. 2. In our opinion, the judgment and order i does not determine herein. The contention of the learned . upon the direction, which impugned is quite innocuous and any of the rights of the parties, much less the appellant counsel for the appellant is that based was misconstrued, the official respondents had 2 HCJ & RCJ WA_1085_2024 proceeded to demolish the building, may give raise to a separate cause of action but insofar as judgment and order impugned is concerned, it warrants no interference. 3. The present writ appeal is found to be without accordingly, dismissed. No order as to costs. any merit and is Pending miscellaneous applications, if any, in this appeal shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SEC^ON OFFICER To, 1. One CC to Sri K B Ramanna Dora Advocate [OPUC]^ 2. One CC to Sri N Ashwani Kumar Advocate [OPUC; 3. Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]" 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] ■" 6. One CC to Sri A S C Bose, SC for Municipal Corporations, Advocate [OPUC] 7. Three CD Copies TF . rtiGH COURT DATED:28/01/2025 ORDER anc«^ oo WA.No.1085 of 2024 5 1 2 FEB 2C25 ^ . Current Section . ^ DISMISSING THE W.A., WITHOUT COSTS