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2025 DAILYLAW 45821 (AP)

Marisetti Loknatha Siva Prasad, v. Tdepalligudem Municipality,

WP/16540/2009 · 2025-11-30

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.16540_2009 APHC010362942009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16540/2009 Between: 1. MARISETTI LOKNATHA SIVA PRASAD,, S/O. VENKATARATNAM, BUSINESS R/O. 4-12, BOMMIDI VILLAGE, TADEPALLIGUDEM MANDAL, W.G.DISTRICT. ...PETITIONER AND 1. TDEPALLIGUDEM MUNICIPALITY, Tadepalligudem, West Godavari District, Rep by its Municipal Commissioner. ...RESPONDENT 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 toissue appropriate writ or direction or order more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in proposing to erect a wall in the site of the petitioners site by encroaching upto 3 feet width by destroying the way in the petitioners property situated in Dr.No.2-12-27 situated in railway station road, Kalisipudi Vari Street, Tadepalligudem Municipality, in an extent of 459 1/2 cents as illegal, arbitrary, unconstitutional violative of principles of naturaljustice, consequently direct the respondents not to erect any wall in the site of the eptitioners by destroying the way upto 3 feet and also not to encorach the petitioenr property situated in Dr.No.2-12-27 situated in railway station road, Kalisipudi Vari Street, Tadepalligudem Municipality, in an extent of 459 1/2 crnts Tadepalligudem Town, West Godavari District 2 HN, J W.P.No.16540_2009 IA NO: 1 OF 2009(WPMP 21730 OF 2009 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 direct the respondents not to erect any wall in the site of the petitioner bydestroying the way upto 3 feet and also not to encroach the petitioner property situated in Dr.No.2-12-27 situated in railway station road, Kalisipudi Vari Street, Tadepalligudem Municipality, in an extent of 459 1/2 cents Tadepalligudem Town, West Godavari District pending disposal of the above writ petition Counsel for the Petitioner: 1. NARASIMHA RAO DAVULURI Counsel for the Respondent: 1. SHANTHI NEELAM(SC FOR MC,TELANGANA) 3 HN, J W.P.No.16540_2009 ORDER: 1. There is no representation on behalf of the petitioner today. 2. The present writ petition is filed, aggrieved by the action of the respondents in attempting to encroach upon the petitioner’s property by 3 feet and erect a wall. 3. This Court, vide order dated 12.08.2009, directed that status quo be maintained until further orders. 4. The learned Standing counsel appearing for the respondents submits that the writ petition can be disposed off in terms of the interim order passed by this Court on 12.08.2009. 5. Accordingly, the present writ petition is disposed off in terms of the interim order passed by this Court on 12.08.2009. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:01.12.2025 NKA 4 HN, J W.P.No.16540_2009 10 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16540 of 2009 Date: 01.12.2025 NKA