Extracted from the PDF above. The PDF is authoritative.
APHC010175562020
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11151/2020 Between:
1. SHAIK ISMAIL, S/O. SHIAK BAJI AGE 30 ADDRESS TAKELLAPADU VILLAGE, PEDAKAKNI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY
ADDRESS PANCHAYATH RAJDEPARTMENT, SECRETARIAT,VELGAPUDI,
2. THE DISTRICT COLLECTOR, ADDRESS GUNTUR, GUNTUR DISTRICT
3. THE TAHASILDAR, ADDRESS KOLLIPARA MANDAL,GUNTUR DISTRICT. 4. THE PANCHYATH SECRETARY, THAKELLAPADU GRAMA PANCHAYATH,
ADDRESS TAKELLAPADU VILLAGE, PEDDAKAKANI MANDAL
5. THE STATION HOUSE OFFICER, ADDRESS PEDAKKANI , PEDDAKAKANI MANDAL, GUNTUR DISTRICT
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed pleased to declare the action of the 4th respondent in issuing the proceedings IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11151/2020 SHAIK ISMAIL, S/O. SHIAK BAJI AGE 30 ADDRESS TAKELLAPADU VILLAGE, PEDAKAKNI MANDAL, GUNTUR DISTRICT, ANDHRA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY
ADDRESS PANCHAYATH RAJDEPARTMENT, SECRETARIAT,VELGAPUDI, THE DISTRICT COLLECTOR, ADDRESS GUNTUR, GUNTUR THE TAHASILDAR, ADDRESS KOLLIPARA MANDAL,GUNTUR THE PANCHYATH SECRETARY, THAKELLAPADU GRAMA PANCHAYATH,
ADDRESS TAKELLAPADU VILLAGE, PEDDAKAKANI MANDAL,GUNTUR DISTRICT.
THE STATION HOUSE OFFICER, ADDRESS PEDAKKANI , PEDDAKAKANI MANDAL, GUNTUR 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 the action of the 4th respondent in issuing the proceedings IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE THIRD DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SHAIK ISMAIL, S/O. SHIAK BAJI AGE 30 ADDRESS TAKELLAPADU VILLAGE, PEDAKAKNI MANDAL, GUNTUR DISTRICT, ANDHRA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY
ADDRESS PANCHAYATH RAJDEPARTMENT, THE DISTRICT COLLECTOR, ADDRESS GUNTUR, GUNTUR THE TAHASILDAR, ADDRESS KOLLIPARA MANDAL,GUNTUR THE PANCHYATH SECRETARY, THAKELLAPADU GRAMA PANCHAYATH,
ADDRESS TAKELLAPADU VILLAGE, THE STATION HOUSE OFFICER, ADDRESS PEDAKKANI , ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the therewith, the High Court may be the action of the 4th respondent in issuing the proceedings
dated 15.6.2020 by directing the petitioner to shift the dairy farm from the land admeasuring land Ac.0.40 cents in Survey No. 41-B, Takellapadu Village, Pedakakani Mandal, Guntur District as illegal, contrary to law, arbitrary, against the principles of natural justice, and violation of Article 14 of the constitution of India and contrary to the Panchayath raj Act and set aside the same and consequently direct the 4th and 5th respondent authorities not to dispossess the petitioner from the dairy-farm in the land admeasuring land Ac.0.40 cents in Survey No. 41-B, Takellapadu Village, Pedakakani Mandal, Guntur District and pass IA NO: 1 OF 2020 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 4th and 5th respondents not to dispossess the petitioner from the dairy-farm from the land admeasuring Ac.0.40 cents in Survey No. 41-B, Takellapadu Village, Pedakakani Mandal, Guntur District , pending disposal of the Writ Petition and to pass Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT
2.
GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
ORDER:
Declaring the action of the 4th respondent in issuing the proceedings dated 15.06.2020 by directing to shift the dairy farm from the land to an extent of Ac.0.40 cents in Sy.No.41-B, Takkellapadu Village, Pedakakani Mandal, Guntur District, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri N.Venkatesh, learned counsel representing Smt.Marella Radha, learned counsel for the petitioner and Sri M.Sudheer, learned Standing Counsel for Gram Panchayat for the respondents. 3. Sri M.Sudheer, learned Standing Counsel on written instructions submitted that based on a complaint received via Spandana portal, the impugned proceedings have been issued to the petitioner. However, upon receiving the notice from Gram Panchayat, petitioner took immediate action and addressed the alleged concerns and created alternative pathway and the issue has been fully resolved and the remedial steps acknowledged. Further, the Gram Panchayat also confirms that it has no further objection or issue concerning the operation of the dairy farm in the subject land, as such, there remains nothing for adjudication, accordingly, prayed to dismiss the writ petition. 4. In reply, learned counsel for the petitioner prayed to record the said submission and dispose the writ petition. 5. In view of the contents in the written instructions of the Panchayat Secretary, Takkellapadu Gram Panchayat, that they have no objection
concerning the operation of the dairy farm in the subject land, there is no purpose in keeping the writ petition pending inviting counter and the writ petition can be closed. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 03rd November, 2025 RKS