Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 43164 (AP)

Gokaraju Madhavi, v. The State of Andhra Pradesh,

WP/41340/2014 · 2025-01-27

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

X HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 41340 OF 2014 IN THE / Between; Gokaraju Madhavi, W/o. Gokaraju Sridhar Raju, Aged 40 years, Occ: Housewife, R/o. D.No. 4-10-44, HMT Nagar, Kapra Municipality, Nacharam, Ranga Reddy District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat, Hyderabad. 2. The Executive Officer, Sri Varahalakshmi Narasimha Swamy Temple, Simhachalam, Visakhapatnam ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 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 2nd respondent in not allowing the petitioner to construct pucca staired house in her Plot No. 127, admeasuring 300 sq.yds, or 250.840 sq.mtrs., Sector-D, Sy.No. 275P, Pedagadili Area, Adivivaram Village, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam District, as illegal, high handed and arbitrary and consequently to direct the 2nd respondent not to interfere into petitioner's private rights which was achieved by Transfer of Property Act where the petitioner possessed valid JL registered documents with possession and enjoyment, respondents to obstacle the rights of petitioner by any means. restrain the I.A. NO: 1 OF 2014(WPMP. NO: 51759 OF 2014) „ Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to restrain the 2nd respondent not to interfere into the peaceful possession and enjoyment along with the proposed construction made by the petitioner in his Plot No. 127, admeasuring 300 sq.yds, or 250.840 sq.mtrs., Sector-D, Sy.No. 275P, Pedagadili Area, Adivivaram Village, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam District, pending disposal of the writ petition. I.A. NO: 1 OF 2015fWVMP. NO: 4201 OF 2015) Between: The Executive Officer, Sri Varahalakshmi Narasimha Swamy Temple, Simhachalam, Visakhapatnam ...PETITIONER/RESPONDENT N0.2 AND 1. Gokaraju Madhavi, W/o. Gokaraju Sridhar Raju, Aged 40 years, Occ: Housewife, R/o. D.No. 4-10-44, HMT Nagar, Kapra Municipality, Nacharam, Ranga Reddy District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, Secretariat, Hyderabad. ...RESPONDENT/RESPONDENT Petition under Section 151 CPC is filed 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 passed in W.P.M.P.No.51759 of 2014 in W.P.No.41340 of 2014, dated 06.02.2015. PRUDHVI RAJ MUDUNURI (NOT PRESENT) Counsel for the Petitioner; SRI Counsel for the Respondent No.1: GP FOR ENDOWMENTS counsel for the Respondent No.2; SRI G RAMANA RAO (SC FOR ENDOWMENTS) The Court made the following; ORDER APHC010402782014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY .THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 41340/2014 Between: Gokaraju Madhavi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.PRUDHVI RAJ MUDUNURI Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS (AP) 2.JAGADISH KUAMAR BATCHU 3.E SAMBASIVA PRATAP The Court made the following: I \ ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: "....to Issue an appropriate writ or order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 2"'^ respondent in not allowing the petitioner to construct pucca staked house in her Plot No. 127 admeasuring 300 sq yds or 250.840 sq mtrs Sector-D, Sy.No.275P, Pedagadili Area Adivivaram Village, Greater VIsakhapatnam Municipal Corporation limits Visakhapatnam District as illegal high handed and arbitrary and consequently to direct the respondent not to interfere into petitioners private rights which w/as achieved by Transfer of Property Act where the petitioner possessed valid registered documents with possession and enjoyment restrain the respondents to obstacle the rights of petitioner by any means...” 2. On an earlier occasion, i.e., on 22.10.2024, there was no representation on behalf of the petitioner and the matter was directed to be listed on 29.10.2024 for hearing finally. Thereafter, the matter was not listed and today the matter was listed. 3. Today also, when the matter is taken up for hearing, there is no representation for the petitioner. It seems that the petitioner has no interest in prosecuting this Writ Petition. 4. Accordingly, this Writ Petition is dismissed as non prosecution. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- IJ SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Gokaraju Madhavi, W/o. Gokaraju Sridhar Raju, Aged 40 years, Occ: Housewife, R/o. D.No. 4-10-44, HMT Nagar, Kapra Municipality, Nacharam, Ranga Reddy District. 2. One CC to Sri Prudhvi Raj Mudunuri Advocate [OPUC] 3. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 4. One CC to Sri G Ramana Rao, SC for Endowments, Advocate [OPUC] 5. Three CD Copies TF HIGH COURT DATED:28/01/2025 ORDER WP.No.41340 of 2014 DISMISSING THE W.P. FOR NON-PROSECUTION, WITHOUT COSTS