APHC010851682018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41067/2018 Between: 1. KOSANA VENKATESWARLU, S/O LATE VEERAIAH, HINDU, AGED ABOUT 60 YEARS, R/O KANDRIKA GRAM PANCHAYAT, VEMAVARAM VILLAGE, PHIRANGIPURAM MANDAL. GUNTUR DISTRICT. ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEVELOPMENT. VELAGAPUDI. AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH. 2. THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, PHIRANGIPURAM POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH. 4. CHEMITIKANTI LINGAMMA, W/O LATE CHINA VENKATADRI, HINDU. AGED ABOUT 80 YEARS, R/O. KANDRIKA VILLAGE, PHIRANGIPURAM MANDAL. GUNTUR DISTRICT, ANDHRA PRADESH. ...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 2 pleased to to issue an appropriate Writ or order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in interfering with the petitioners peaceful possession in respect of land admeasuring 112 Square Yards situated in Survey No.366 of Kandrika Gram Panchayath, Vemavaram Village, Phirangipuram Village, Guntur District, Andhra Pradesh. by issuing the proceedings in M.C.No. 25/2018, dated 20- 08-2018 purported to be issued under Section 145 (1) Cr.P.C. in respect of schedule property, basing on the report of the 3rd Respondent without issuing any notice to me as contemplated in Section 145 (1) Cr.P.C., as arbitrary, illegal, unconstitutional and in violation of well settled principles of natural justice, and to pass IA NO: 1 OF 2018 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 not to interfere with the possession of the petitioner's land admeasuring 112 Square Yards situated in Survey No.366 of Kandrika Gram Panchayath, Vemavaram Village, Phirangipuram Village, Guntur District Andhra Pradesh, pending the writ petition, and to pass Counsel for the Petitioner: 1. MOHD ISLAMUDDIN ANSARI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. G V S MEHAR KUMAR 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue an appropriate Writ or order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in interfering with the petitioners peaceful possession in respect of land admeasuring 112 Square Yards situated in Survey No.366 of Kandrika Gram Panchayath, Vemavaram Village, Phirangipuram Village, Guntur District, Andhra Pradesh. by issuing the proceedings in M.C.No. 25/2018, dated 20- 08-2018 purported to be issued under Section 145 (1) Cr.P.C. in respect of schedule property, basing on the report of the 3rd Respondent without issuing any notice to me as contemplated in Section 145 (1) Cr.P.C., as arbitrary, illegal, unconstitutional and in violation of well settled principles of natural justice, and to pass.…” 2. Heard Sri Md.Islamuddin Ansari, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that respondent No. 2 is interfering with the petitioner’s peaceful possession in respect of land admeasuring 112 square yards situated in Survey No. 366 of Kandrika Gram Panchayat, Vemavaram Village, Phirangipuram Mandal, Guntur District, by issuing proceedings in M.C. No. 25 of 2018. 4. Learned Assistant Government Pleader, on written instructions, would submit that the proceedings issued by the Tahsildar in M.C. No. 25 of 2018 have been closed. 4 5. Learned counsel for the petitioner would submit that, recording the same, this writ petition is disposed of. 6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 129 WRIT PETITION NO: 41067/2018 Dt.21.07.2025 MH