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2025 DAILYLAW 39330 (AP)

Kakara Venkata Rao, v. The State of Andhra Pradesh

WP/27849/2016 · 2025-02-18

K Manmadha Rao

body2025

Judgment text

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1 APHC010860322016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 27849/2016 Between: Kakara Venkata Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. ELEVATED AS JUDGE The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a Writ order or direction especially one in the nature of Writ of Mandamus declaring the notice No 1 dated 29.6.2016 issued by the 3rd respondent is illegal, arbitrary, violative provisions of Act 30 of 1987 and the rules made there under and violative of the provisions of Act 37 of 1956 and Art 300A of the Constitution of India and consequently set aside the notice No.1, dated 29.6.2016…..” 2 2. Learned counsel for the petitioner and learned Assistant Government Pleader for the respondents are present. 3. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by a common judgment of this Court passed in C.M.A.No.182 of 2017 & Batch, dated 12.01.2024, and hence, requests this Court to pass similar order in this writ petition also. The operative portion of the said order is as follows: “In view of the above foregoing discussion and following the decision of M/s Sri Santhi Nikethan’s case (supra), this Court is inclined to dispose of these appeals while granting liberty to the appellants. 28. Accordingly, all these Civil Miscellaneous Appeals are disposed of setting aside the common order dated 30.09.2016 passed in O.A.Nos.407, 408, 411, 412, 413, 414, 416, 417, 419, 420, 421, 422, 423, 425, 426, 427, 428, 430, 431, 432 and 433 of 2012 on the file of the A.P. Endowments Tribunal at Pedakakani. Further, liberty is granted to the appellants to file a civil Suit before Civil Court having original jurisdiction as are available under law within a period of two (02) months from the date of receipt of a copy of this order. Till then, both the parties in all these Appeals are directed to maintain status quo, existing as on today..“.. 4. Learned Assistant Government Pleader appearing for the respondents reported no objection to dispose of the present petition on the same lines. 5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present writ petition in terms of the said common judgment. 6. Accordingly, the Writ Petition is disposed of setting aside the Notice No.1, dated 29.06.2016 issued by the 3rd respondent. Further, liberty is granted to the petitioner to file a civil Suit before the Civil Court having original 3 jurisdiction as are available under law within a period of two (02) months from the date of receipt of a copy of this order. Till then, both parties are directed to maintain status quo existing as on today. There shall be no order as to costs. 7. The Registry is directed to attach a copy of the common judgment passed by this Court dated 12.01.2024 in CMA No.182 of 2017 & batch to this order. 8. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date : 18-02-2025 Gvl 4 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.27849 of 2016 Date : 18-02-2025 Gvl