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2025 DAILYLAW 35678 (AP)

Danaboyina Vemayya, v. State of Andhra Pradesh,

WP/12913/2016 · 2025-08-21

Kiranmayee Mandava

body2025

Judgment text

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APHC010572202016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12913/2016 Between: 1. DANABOYINA VEMAYYA,, S/O BRAHMAIAH, AGED ABOUT 75 YEARS. 2. DANABOYINA ANANDA RAO,, S/O SATYANARAYANA, AGED ABOUT 49 YEARS BOTH THE PETITIONERS ARE ARCHAKATVAM FOUNDER FAMILY MEMBERS OF SRI VEERAMMA PERANTALU AMMAVARI DEVASTHANAM, PEDAKAKANI VILLAGE AND MANDAL, GUNTUR DIST. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPT., SECRETARIAT BUILDINGS, AT HYDERABAD. 2. THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, BOGGULAKUNTA, ABIDS, HYDERABAD. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, GUNTUR. 4. SRI VEERAMMA PERANTALU AMMAVARI DEVASTHANAM, PEDAKAKANI VILLAGE AND MANDAL, GUNTUR DISTRICT, REP. BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): 2 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 particularly one in the nature of writ of Mandamus declaring the action notice dated 5.4.2016 issued by the respondent No.4 proposing to conduct auction in respect of the property being an extent of Ac.2.70 cents in Sy.No.640/ 1A, Ac.5.20 cents in Sy.No.640/1C, Ac.0.50 cents in Sy.No.640/1B, Ac.0.19 cents in Sy.No.640/2 and Ac.0.53 cents in Sy.No.640/3 of Takkellapadu Village, and Ac.6.14 cents in Sy.No.674 of Pedakakani Village of Pedakakani Mandal, Guntur District, on 19.4.2016 as illegal and ultra wires to the provisions of Articles 14 and 21 of the Constitution of India,-violation of doctrine of principles of natural justice and violation of the provisions of the A.P.Act 30/1987 and the rules and circulars issued from time to time and set-aside the same besides directing not to interfei:e with the petitioners' possession of the same and pass IA NO: 1 OF 2016(WPMP 16178 OF 2016 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 the auction notice dated 5.4.2016 issued by the respondent No. 4 , pending disposal of the above writ petition and pass IA NO: 2 OF 2016(WPMP 45730 OF 2016 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 implead the proposed respondent Nos. 5 and 6 as respondent Nos. 5 and 6 in the writ petition as well as in miscellaneous petitions and pass IA NO: 3 OF 2016(WPMP 45731 OF 2016 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 petitioners herein to amend the prayer in the writ petition as follows: "....to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action notice dated 5.4.2016 issued by the respondent No.4 to conduct auction in respect of the property being an extent of Ac.2.70 cents in Sy.No.640/1A, Ac.5.20 cents in Sy.No.640/ 1C, Ac.0.50 cents in Sy. No.640/ 1B, Ac.0.19 cents in Sy.No.640/2 and Ac.0.53 cents in Sy.No.640/3 of Takkellapadu Village, and Ac.6.14 cents in Sy_No.674 of Pedakakani Village of Pedakakani Mandal, Guntur District and the consequential auction conducted on 19.4.2016 as illegal and ultra vires to the provisions of Articles 14 and 21 of the Constitution of India, violation of 3 doctrine of principles of natural justice and violation of the provisions of the A.P.Act 30/1987 and the rules and circulars issued from time to time and set- aside the same besides directing not to interfere with the petitioners' possession of the same...." in place of "....to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action notice dated 5.4.2016 issued by the respondent No.4 proposing to conduct auction in respect of the property being an extent of Ac.2.70 cents in Sy.No.640/1A, Ac .5. 20 cents in Sy.No.640/1C, Ac.0.50 cents in Sy.No.640/1B, Ac.0.19 cents in Sy.No.640/2 and Ac.0.53 cents in Sy.No.640/3 of Takkellapadu Village, and Ac.6.14 cents in Sy.No_674 of Pedakakani Village of Pedakakani Mandal, Guntur District, on 19.4.2016 as illegal and ultra vines to the provisions of Articles 14 and 21 of the Constitution of India, violation of doctrine of principles of natural justice and violation of the provisions of the A.P.Act 30/1987 and the rules and circulars issued from time to time and set-aside the same besides directing not to interfere with the petitioners' possession of the same...." and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. Counsel for the Petitioner(S): 1. VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent(S): 1. V S R ANJANEYALU 2. GP FOR ENDOWMENTS (AP) 3. ELEVATED AS JUDGE The Court made the following: ORDER: Sri V. Satyanarayana Prasad, learned counsel for the petitioners filed a letter before the Registry seeking permission of the Court to withdraw the writ petition. 2. Permission is accorded. 4 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 22.08.2025 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12913/2016 Date: 22.08.2025 MSI