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2025 DAILYLAW 3929 (AP)

TUPAKULA ASHA v. THE STATE OF ANDHRA PRADESH

WP/1221/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010024802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1221/2025 Between: 1. TUPAKULA ASHA, W/O. T. MALLESH, AGE 40 YEARS, OCC CULTIVATION, R/O.. D.NO. 2-645, AKULA STREET, RAJAMPETA, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. RAJAMPETA MUNICIPALITY, REP. BY ITS COMMISSIONER. ...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 topleased to issue a Writ or order or direction one in the nature of Writ Of Mandamus declaring the action of the respondents more specifically the action of the 2ND respondent in directing us to remove the construction of house (upper floor) on the existing house bearing D.No. 2-645 in land admeasuring 80.55 Sq.Yds. in T.SNo. 981/1A3 Rajampeta Vilage without considering our explanation and giving an opportunity of hearing is illegal, high handed and violative of Articles 14, 21 and 300A of the Constitution of India consequently direct the respondents not to interfere with the peaceful possession and enjoyment of petitioners land in land admeasuring 80.55 Sq.Yds. in T.SNo. 981/1 A3 Rajampeta Vilage and pass 2 IA NO: 1 OF 2025 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 Pleased to direct the respondents not to take any coercive action against the petitioners construction of house (upper floor) on existing house bearing D.No. 2-645 in land admeasuring 80.55 Sq.Yds. in T.SNo.981/1A3 Rajampeta Vilage accountsand pass Counsel for the Petitioner: 1. THUPAKULA MEENA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 APHC010024812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1220/2025 Between: 1. TUPAKULA MIDHUN, S/O. T. MALLESH, AGE 29 YEARS, OCC CULTIVATION, R/O.. D.NO. 2-641, AKULA STREET, RAJAMPETA, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. RAJAMPETA MUNICIPALITY, REP. BY ITS COMMISSIONER. ...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 topleased to issue a Writ or order or direction one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more specifically the action of the 2nd respondent in directing us to remove the construction of house (upper floor) on the existing house bearing D.No. 2-641 in land admeasuring 80.55 Sq.Yds. in T.SNo. 981/A3 Rajampeta Vilage without considering our explanation and giving an opportunity of hearing is illegal, high handed and violative of Articles 14, 21 and 300A of the Constitution of India consequently direct the respondents not to interfere with the peaceful possession and enjoyment of petitioners land in land admeasuring 80.55 Sq.Yds. in T.SNo. 981/A3 Rajampeta Vilage and pass 4 IA NO: 1 OF 2025 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 pleased to direct the respondents not to take any coercive action against the petitioners construction of house (upper floor) on existing house bearing D.No. 2-641 in land admeasuring 80.55 Sq.Yds. in T.SNo. 981/A3 Rajampeta Vilage accounts and pass Counsel for the Petitioner: 1. THUPAKULA MEENA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 5 The Court made the following Common Order: On the basis of the Court Slips dated 01.08.2025 addressed by Ms.T.Meena, learned counsel for the petitioners, seeking permission of this Court for withdrawal of the Writ Petitions, the matters are listed today under the caption “For Withdrawal”. 2. Permission is accorded. 3. Accordingly, the Writ Petitions are dismissed as Withdrawn, granting liberty to file fresh petitions. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 04.08.2025 BMS