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High Court of Andhra Pradesh · body

2025 DAILYLAW 44152 (AP)

Mantena Gopala Krishnam Raju, S/o. Subbaraju, v. The State, Rep.by the Principal Secretary to Govt. of A.P

WP/36593/2014 · 2025-04-20

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r--' IN THE HIGH COURT OF ANDHRA PRADESH :: AMAf^AVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE o o tea;' O PRESENT V THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVASi f WRIT PETITION NO: 36593 OF 2014 Between: 1. Mantena Gopala Krishnam Raju, S/o. Subbaraju, R/o. Plot No. 401 H.No.50-1-42/2, Haripriya Seethammadara, Visakhapatnam. 2. Kothapalli Venkata Satya Trinadha Narasimha Raju, S/o. Govinda Raju, R/o. Shilpa Asweeradha Apartments, Chandramoulipuram, Vijayawada, Krishna District. 3. Akiri Srinivasa Rao, S/o.Late Bangaraiah, R/o. D.No.21-20-1/7 , Plot No.4, Ambica Nivas, 2nd Floor; Ganneruveedhi, Visakhapatnam. 4. Namana Rambabu, S/o. Late Seetharamaiah, R/o. D.No.49-26-38, Vigneswara Arcade, Madhuranagar, Visakhapatnam. 5. Matti Ravi Kiran, S/o. Bramhanaiah, R/o. D.No.39-5-6, Muralinagar, Visakhapatnam-7. Enclave, Alluri Seetharamarajunagar, 6. Smt.Kammili Vignasa Ragalakshmi, W/o. Vijayakumar, Rep.by her GPA Holder Alluri Gopala Krishnam Raju, S/o. Subbaraju, Aged about years, R/o. Plot No. 401, H.No.50-1-42/2, Haripriya Enclave, Alluri Seetharamarajunagar, Seethammadara, Visakhapatnam. 7. Chennuboyina Srinivasa Rao, S/o. Kondaiah, R/o. 9-7-40/7/2, Lakshminagar Layout, Shivajipalem, Visakhapatnam-17. ...PETITIONERS AND 1. The State, Rep.by the Principal Secretary to Govt, of A.P, Revenue (Endowments) Department, Secretariat, Hyderabad. 2. The Assistant Director of Survey & Settlement, Visakhapatnam District at Visakhapatnam. m" / 3. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep.by its Commissioner. .^4...3ri Varahalakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam. Rep. by its Executive Officer. ...RESPONDENTS 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 to issue writ or direction particularly in the nature of mandamus or any other appropriate writ. A). To declare the action of the 4th respondent in constructing the compound wall in the plots the petitioners, situated in plots Nos. 39, 40, 10, 11, 12, 13, 14, 15, 1,2 and 3 respectively, in Sy.No. 14/3, Mudasarlova village H/o Darapalem, Chinagadili Mandal, Visakhapatnam District, without getting its land surveyed and demarcated by the competent authority i.e. the 2nd respondent as illegal, void, arbitrary and violating the provisions of the A.P.Survey and Boundaries Act. B). To direct the 2nd respondent to survey and demarcate the land of the petitioners as well 4th respondent by giving notice to all concerned in accordance with the provisions of the A.P.Survey and Boundaries Act. C). consequently, to direct the 4th respondent to remove the compound wall constructed so far, in the land of the petitioners. I.A. NO: 2 OF 2014(WPMP. NO: 45803 OF 2014) 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 stay all further proceeding including further construction of the compound wall in the land of the petitioners situated in plots No. 39, 40, 10, 11, 12, 13, 14, 15, 1, 2 and 3 respectively, in Sy.No. 14/3, Mudasarlova village H/o Darapalem, Chinagadili Mandal, Visakhapatnam District pending disposal of the writ petition. I.A. NO: 1 OF 2014(WVMP. NO: 4062 OF 2014^ Between: Sri Varahalakshmi Narasimha Swamy Devasthanam, Visakhapatnam. Rep. by its Executive Officer. Simhachalam ...PETITIONER/RESPONDENT N0.4 AND 1. Mantena Gopala Krishnam Raju, S/o. Subbaraju, R/o. Plot No. 401 H.No.50-1-42/2, Haripriya Enclave Seethammadara, Visakhapatnam. 2. Kothapalli Venkata Satya Trinadha Narasimha Raju, S/o. Govinda Raju, R/o. Shilpa Asweeradha Apartments, Chandramoulipuram, Vijayawada, Krishna District. 3. Akiri Srinivasa Rao, S/o.Late Bangaraiah, R/o. D.No.21-20-1/7 , Plot No.4, Ambica Nivas, 2nd Floor, Ganneruveedhi, Visakhapatnam. 4. Namana Rambabu, S/o. Late Seetharamaiah, R/o. D.N0.49-26-3.8, Vigneswara Arcade, Madhuranagar, Visakhapatnam. 5. Matti Ravi Kiran, S/o. Bramhanaiah, R/o. D.No.39-5-6, Muralinagar, Visakhapatnam-7. 6. Smt.Kammili Vignasa Ragalakshmi, W/o. Vijayakumar, Rep.by her GPA Holder Mantena Gopala Krishnam Raju, S/o. Subbaraju, Aged about years, R/o. Plot No. 401, H.No.50-1-42/2, Haripriya Enclave, Alluri Seetharamarajunagar, Seethammadara, Visakhapatnam. 7. Chennuboyina Srinivasa Rao, S/o. Kondaiah, R/o. 9-7-40/7/2, Lakshminagar Layout, Shivajipalem, Visakhapatnam-17. Alluri Seetharamarajunagar ...RESPONDENTS/WRIT PETITIONERS 8. The State, Rep.by the Principal Secretary to Govt, of A.P, Revenue (Endowments) Department, Secretariat, Hyderabad. 9. The Assistant Director of Survey & Settlement, Visakhapatnam District at Visakhapatnam. 10. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep.by its Commissioner. f ...RESPONDENTS/ RESPONDENTS 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 vacate the interim direction passed in W.P.M.P.No.45803/2014 in W.P.No.36593/2014 dated 01-12-2014. Counsel for the Petitioner: SRI V R AVULA / Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2; GP FOR REVENUE Counsel for the Respondent No.3: SRI S LAKSHMI NARAYANA REDDY ^ (SC FOR VMC) Counsel for the Respondent No.4: SRI V VENUGOPAL RAO ^ The Court made the following: ORDER 1 APHC010262852014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 36593/2014 Between: ...PETITIONER(S) Mantena Gopala Krishnam Raju, S/o. Subbaraju, and Others AND The State Rep By The Principal Secretary To Govt of A P ...RESPONDENT(S) and Others Counsel for the Petltioner(S): 1.VR AVULA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR ENDOWMENTS (AP) 3.E SAMBASIVA PRATAP The Court made the following: ORDER: ) Challenging the action of the 4“^ respondent in constructing the compound wall in petitioners’ plots bearing Nos.39, 40,10,11,12,13,14,15,1,2 and 3 respectively, in Sy. No. 14/3, Mudasarlova Village, H/o. Darapalem, 2 Chinagadili Mandal, Visakhapatnam District, the instant Writ Petition has been filed. It is stated by the learned counsel appearing for the petitioners that the construction of compound wall is now completed by the 4 respondent, there is a boundary dispute between the petitioners and the temple. 2. th 3. Having regard to the same, the learned counsel for the petitioners would submit that in view of the completion of construction of the compound wall, the issue raised in the present Writ Petition would not survive and no further orders are required to be passed in the present Writ Petition. The learned counsel for the petitioners further seeks liberty to approach appropriate Civil Court for redress of the dispute. 4. Recording the said submission, the Writ Petition is dismissed as infructuous granting liberty to the petitioners to approach the Civil Court for redress as of his grievance, if advised. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/" KJ.RAJA BASU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri V R Avula, Advocate [OPUC] 2. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 3. One CC to Sri S Lakshmi Narayana Reddy, SC for VMC, Advocate^ [OPUC] 4. One CC to Sri V Venugopal Rao, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF HIGH COURT DATED;21/04/2025 ORDER WP.No.36593of 2014 DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS