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2025 DAILYLAW 44965 (AP)

VIPPARTHI SUNDARARAO v. The State of Andhra Pradesh.

WP/10999/2025 · 2025-04-29

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10999 OF 2025 Between: Vipparthi Sundararao, S/o (late) Lovayya, Aged about 64 years, Occupation: Pastor, R/ D.No. 2-156 Holy Revival Church Ramanayyapeta, Road No. 4 Rayudupalem Ramanayapeta, Kakinada Rural AP. 533005 ...PETITIONER AND 1. The State of Andhra Pradesh., Rep. by its Principal Secretary Panchayath Raj and Rural Development, A.P. Secretariat Velagapudi, Amaravati, Guntur Dist. ■ ''.- 2. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat %lagapudi, Amaravati, Guntur Dist. 3. The District Collector and Magistrate, Kakinada, Kakinada District, A.P. 4. The District Panchayat Officer, Kakinada, Kakinada District, A.P. 5. The Revenue Divisional Officer, Kakinada, Kakinada District, A.P 6. The Tahsildar Kakinada, Rural Mandal, Kakinada District, A.P. ' 7. The Ramanayyapeta Gram Panchayat, Rep by its Secretary. Ramanayyapeta Village, Kakinada Rural Mandal, Kakinada A.P. District, ...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 a writ order or direction more particularly one in the nature of a writ of Mandamus declaring that actions of the Respondents in interfering with my peaceful possession and enjoyment of my property encompassing an extent of 1775.33 Square yards of Vacant Site included with up^air building identified as Door No.2-156 in R.S.No's 35/7,8, 9(P) located in Ramanayyapeta Village Kakinada Rural Mandal Kakinada District. Andhra Pradesh and making efforts to acquire property by demolishing western side Compound wall along with adjoining Septic Tankwithout any legal right or authority and without adhering to the due process of law. Such actions are an arbitrary exercise of power, in violation of the principles of natural justice; and infringe upon Article 19 and 300A of the Constitution of India and consequently direct the Respondents to cease all the actions related dispossession and demolition of my forementioned property without following due process of law. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in sup^rf of the petition, the High Court may be pleased to direct the 7th Resp^^erit to cease all the actions related to dispossession and demolition of the western side Compound wall along with adjoining Septic Tank of 1775.33 Square yards of Vacant identified as Door No.2-156 Ramanayyapeta Village, Kakindda Rural Mandal, Pradesh, pending disposal of the above writ petition. my property encompassing an extent of Site included with upstair building in R.S.No's 35/7,8, 9(P) located in Kakinada District, Andhra Counsel for the Petitioner: SRI VUNDAVALLI JAGADISH Counsel for the Respondent Nds:^j& 4: GP FOR PANCHAYAT RAJ , RURAL DEV VC Counsel for the Respondent Nos. 2, 3 5 & 6: GP FOR REVENUE sw? P chaitanya representing 5>RI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP The Court made the following: bl^OER r : ; •APHC010219932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10999/2025 BETWEEN: VIPPARTHI SUNDARARAO ...PETITIONER AND ...RESPONDENT(S) THE STATE OF ANDHRA PRADESH AND OTHERS Counsel for the Petitioner: 1. VUNDAVALLI JAGADISH VC Counsel for the Respondent{S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri V.C. Vundavalli Jagadish, learned Counsel for the Writ Petitioner, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri P. Chaitanya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. Having regard to the averments made in para 3 and para 5 of the Affidavit, this Court has noticed that the Writ Petitioner does not have a clear title on the subject property, according to the submission made by the Writ Petitioner, which is by way of an oral sale in the month of May, 2025. / 2. 3- Para 5 of the Affidavit has instituted O.S.No.26 of 2023, Sri p. would also reflect the fact that as many as five Suits (O.S.No. the Writ Petitioner 91 of 2014, 549 of 2012, O.S.No. and O.S.No.571 of 2024) O.S.No.21 of 2024, 4. Chaitanya, learned Instructions furnished by the Gram Panchayat dated Counsel for the Writ Petitioner Counsel has submitted the Written •04.2025. Copy of i, is supplied ,o the learned and the same is taken on record. \ The Written Instruction has issued s would indicate that the Panchayat Secretary to remove the septic tank built Panchayat. It is stated that i approached this Court by making - are trying to remove the a notice to the Writ Petitioner on land belonging to the by him 'n order to delay the false allegations that process, he has , Official Respondents the compound wall. 6. From the above facts, i and the said Suits have ■ 't appears that about five Civil been filed for Declaration Suits are pending of Title and Perman ' ‘hat the Writ Petitioner inasmuch as the same is the subject matter of Suits. "-/j t I (L has not perfected his title, adjudication in the five pending Having regard to these facts the Writ Petitioner Suits and sought In this view of the cannot be entertained. 9- Accordingly, the Writ Petition Interlocutory Applications, of the case, this Court iIS of the view that the Official Respondents in the ought to have impleaded necessary relief. 8. matter, this Court iIS of the view that this Writ Petition is dismissed. No order If any, stand closed i as to costs, in terms of this order. Sd/-M SRINIVAS ASSISTANT REGISTRAR SECTI^^OFFICER 10. //TRUE COPY// To, 1. OneCCtoSri Vundavalli Jagadish VC 2. Two CCs toGP for Pancbayit Raj Pradesh. [OUT] . ^ 5. Three CD Copies TF(gsg) Advocate [OPUC] Rural Dev, High Court of Andhra V HIGH COURT DATED:30/04/2025 ORDER WP.No.10999 of 2025 ^ 2 J JUL 2025 )g >>CiirrenlSwti8nXy ’'-^SSEiSS^^ DISMISSING THE W.P., WITHOUT COSTS