APHC010658242018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 31682/2018 Between: 1. SMT. PILLA SATYAVATHI, W/O.LATE BHAGAVAN PATRUDU, AGED ABOUT 80 YEARS, OCC- HOUSEWIFE, R/O.D.NO.12-15-3, PRAKASARAOPETA, MAHARANIPETA POST, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM 2. PILLA VENKATA VARA PRASAD,, S/O.LATE BHAGAVAN PATRUDU, AGED ABOUT 50 YEARS, OCC- CULTIVATION, R/O D.NO.12-15-3, PRAKASARAOPETA, MAHARANIPETA POST, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATION HOUSE OFFICER, MALKAPURAM POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 3. MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, VISAKHAPATNAM URBAN, VISAKHAPATNAM DISTRICT. 4. BAYANA TULASI VENKATA PRASAD, S/O NARAYANA RAO,RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. 5. BAYANA RENUKA, W/O TULASI VENKATA PRASAD,RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. 6. BAYANA BHAGYALAKSHMI, W/O PRABHAKARA RAO,RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. 7. PILLA SANDHYA DEVIKA, W/O PVN ANAND,RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, 2 SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. 8. JAGUPALLI ANURADHA, D/O LATE NARAYANA RAO,RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. 9. BHOGAVILLI VENKATA RATNAM, W/O KUNCHAYYA PATRUDU, RESPONDENTS 4 TO 9 ARE R/O D.NO.65-1-134. COROMANDAL GATE, SREENIVASANAGAR, SRIHARIPURAM, VISAKHAPATNAM DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in M.C.No.05/2018. dt.16.08.2018 issued by the 3rd respondent on a report submitted by the 2nd respondent, thereby initiating proceedings under section 107 and 145 of Code of Criminal Procedure, 1973 and consequential action of Respondents in insisting the petitioners to vacate from their lands admeasuring Ac.0.64 cents in Survey No.5/1A and 2A (Old Survey No.39) situated in Gullalapalem Village, Sriharipuram, Visakhapatnam District within the limits of Greater Visakhapatnam Municipal Corporation, as illegal, irregular, irrational, without any authority of law and violative of the provisions of Code of Criminal Procedure, 1973 and offends Articles 14, 21 and 300-A of Constitution of India and consequently quash the same and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. M CHALAPATI RAO The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in M.C.No.05/2018. dt.16.08.2018 issued by the 3rd respondent on a report submitted by the 2nd 3 respondent, thereby initiating proceedings under section 107 and 145 of Code of Criminal Procedure, 1973 and consequential action of Respondents in insisting the petitioners to vacate from their lands admeasuring Ac.0.64 cents in Survey No.5/1A and 2A (Old Survey No.39) situated in Gullalapalem Village, Sriharipuram, Visakhapatnam District within the limits of Greater Visakhapatnam Municipal Corporation, as illegal, irregular, irrational, without any authority of law and violative of the provisions of Code of Criminal Procedure, 1973 and offends Articles 14, 21 and 300-A of Constitution of India and consequently quash the same and pass ....” 2. Learned Assistant Government Pleader for Home and learned Government Pleader for Revenue appearing for respondents would submit that in the light of the interim order passed by this Court 06.09.2018, respondent authorities did not take any action in this matter and that this MC is of the year 2018 no cause of action survives for adjudication and that Court may pass appropriate orders by disposing of this Writ Petition. 3. Learned counsel for the Petitioner is in attendance. 4. In that view, this Writ Petition is disposed of.The impugned proceedings in MC No.05/2018 dated 16.08.2018 issued by respondent No.3 is hereby set aside. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 31682 of 2018 16.07.2025 Mjl /*