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2025 DAILYLAW 3834 (AP)

Ruttala Uma Maheshwara Rao, v. State of Andhra Pradesh,

WP/1581/2022 · 2025-07-10

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010022162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1581 OF 2022 Between: Ruttala Uma Maheshwara Rao, S/o. Late Ruttala Kanaka Rao, Hindu, Aged about 62 Years, R/o. 33-13-2A, Seethararnapuram, Vijayawada, Krishna District, Andhra Pradesh. ...Petitioner AND 1. State of Andhra Pradesh, Represented by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravati, Guntur District. 2. The Vijayawada Municipal Corporation, Vijayawada. Commissioner. 3. Pre Litigation Counselling Forum, Sub-Collector's Office Premises Vijayawada. 4. Sub Collector, Vijayawada. 5. Commissioner of Police, Vijayawada, Andhra Pradesh. 6. A. V. Basavayya, S/o. Late Veera Raghavaiah, R/o. D.No.10-2812, 1 Building, Upstairs, C.M.Road, Rythupeta, Nandigama, Krishna District. Pin 521 185. Secretariat, Rep. by its St ...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 r ! pleased to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents Nos. 1 to 5 herein in trying to interfere with the civil disputes between the Petitioner and the Respondent No.6 herein under the name of a body called Pre Litigation Counselling Forum situated within the premises of the office of the Sub Collector, Vijayawada as being illegal, arbitrary, unjust, violative of Articles 21 and 300A and without jurisdiction and violative of the judgement of this Hon'ble Court in J. Lakshmi @ Lakshmamma And Anr. v. Commissioner Of Police And Ors., reported in 2004 (4) ALT 175 and consequently direct the Respondent Nos.1 to 5 herein not to interfere with the possession and enjoyment of the petitioner herein over the property premises bearing No.33- 13-11/A, Venigellavari Street, Moghal Raj Puram, Vijayawada. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos.1 to 5 herein not to interfere with possession and enjoyment of the Petitioner over the property premises bearing No.33-13-11/A, Venigellavari Street, Moghal Raj Puram, Vijayawada pending disposal of the Writ Petition. lA NO: 2 OF 2022 Between: Sub Collector, Vijayawada, Krishna District. ...Petitioner/Respondent AND 1. Ruttala Lima Maheshwara Rao, S/o. Late Ruttala Kanaka Rao, Hindu, Aged about 62 Years, R/o. 33-13-2A, Seethararnapuram, Vijayawada, Krishna District, Andhra Pradesh. .. .Respondent/Petitioner 2. State of Andhra Pradesh, Represented by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravati, Guntur District. 3. The Vijayawada Municipal Corporation, Vijayawada. Commissioner. 4. Pre Litigation Counselling Forum, Sub-Collector's Office Premises, Vijayawada. 5. Commissioner of Police, Vijayawada, Andhra Pradesh. 6. A. V. Basavayya, S/o. Late Veera Raghavaiah, R/o. D.No. 10-2812, 1 Building, Upstairs, C.M.Road, Rythupeta, Nandigama, Krishna District. Pin 521 185. Secretariat, Rep. by its St ...Respondents (Respondents 2 to 6 are not necessary party in this petition) 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 vacate the interim order dated 25.01.2022 in I.A.No.1 of 2022 in W.P.No.1581 of 2022 and also dismiss the writ petition. lA NO: 1 OF 2023 Between: A. V. Basavayya, S/o. Late Veera Raghavaiah St R/o. D.No.10-2812, 1 Building, Upstairs, C.M.Road, Rythupeta, Nandigama, Krishna District. Pin 521 185. ...Petitioner AND 1. Ruttala Uma Maheshwara Rao, S/o. Late Ruttala Kanaka Rao, Hindu, Aged about 62 Years, R/o. 33-13-2A, Seethararnapuram, Vijayawada, Krishna District, Andhra Pradesh. 2. State of Andhra Pradesh, Represented by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravati, Guntur District. 3. The Vijayawada Municipal Corporation, Vijayawada. Commissioner. 4. Pre Litigation Counselling Forum, Sub-Collector's Office Premises, Vijayawada. 5. Sub Collector, Vijayawada. 6. Commissioner of Police, Vijayawada, Andhra Pradesh. Secretariat, Rep. by its ...Respondents 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 vacate the interim directions granted on 25-01-2022 and dismiss the Writ Petition No. 1581 of 2022 with costs. Counsel for the Petitioner: SRI VIRUPAKSHA DATTATREYA GOUDA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : S.V.S.S.SIVA RAM, SC FOR MUNICIPALITY Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME Counsel for the Respondent No.6 : Ms.S. PRANATHI The Court made the following order: APHC010022162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1581/2022 Between: Ruttala Uma Maheshwara Rao, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.VIRUPAKSHA DATTATREYA GOUDA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.SC FOR MUNC AND MUNC CORP 4.S PRANATHI 5.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.1581 of 2022 ORDER: The present Writ Petition was filed to declare the action of the Respondents Nos. 1 to 5 in trying to interfere with the civil disputes between the Petitioner and the Respondent No.6 herein under the name of a body called Pre- Litigation Counselling Forum situated within the premises of the office of the Sub Collector, Vijayawada as illegal and arbitrary. 2. The Petitioner claims that the father of the Petitioner was in possession of an extent of 70 Sq. Yards of property in the premises bearing No.33-13- 11/A, Venigellavari Street, MoghalRaj Puram, Vijayawada. After his death, his mother and the Petitioner continued to be in possession of the same. While so, the Respondent No.6 filed W.P.No.12697 of 2014 against the Respondent No.2 and his mother alleging illegal constructions. The said Writ Petition was dismissed as infructuous since the Respondent Authorities demolished the structures in his land on 15.10.2014. Subsequently, the said A.V. Basavayya filed W.P.No.24598 of 2015 for a direction to the Respondent No.2 to incorporate his name for the subject property. The said Writ Petition was disposed of with a direction to consider the representation of the Petitioner. The Commissioner of the Respondent Corporation by order dated 16.09.2015 passed orders stating that appropriate action will be taken with regard to mutation only after the civil suit. 3. 4. While so, the local police authorities sent notices to the petitionerunder the name of a body called “ Pre-Litigation Counselling Forum’ calling upon the Petitioner to appear before the said forum and the Petitioner was being insisted to vacate the subject property. Hence, the present Writ Petition is filed. In the counter affidavit of the Respondent No.5, the allegation of pressure being placed on the Petitioner was denied. It is stated that the Respondent No.6 had submitted a representation to the Station House Officer, Suryaraopet, for his grievance and the same was enquired into and both parties were advised to settle the dispute before the pre-litigation counseling forum. On 09.12.2020, the parties were called only to settle the dispute before the said forum. 5. 6. Respondent No.2 filed Counter Affidavit contending that Section Appeal No.832 of 2007 with regard to the right of the property is pending and appropriate action will be taken with regard to mutation only after outcome of the said case. In the light of the above Counter Affidavits and in the absence of subsisting cause of action, no further orders need to be passed in this Writ Petition. 7. 8. In thahview, the, present Writ Petition is closed. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Virupaksha Dattatreya Gouda, Advocate [OPUC] 2. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 5. One CC to Sri S.V.S.S. Siva Ram, SC for Municipality [OPUC] 6. One CC to Ms. S. Pranathi, Advocate [OPUC] 7. Two CD Copies Cnr HIGH COURT DATED:11/07/2025 ORDER WP NO. 1581 OF 2022 f 2 ^ JUL 2025 m ^ . Currant Section . ^ CLOSING THE W.P. WITHOUT COSTS