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2025 DAILYLAW 46447 (AP)

Sri Subrahmanyeswara Swamy Charitable Trust, v. THE STATE OF ANDHRA PRADESH

WP/26349/2021 · 2025-10-15

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010430452021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26349/2021 Between: 1. SRI SUBRAHMANYESWARA SWAMY CHARITABLE TRUST,, REGISTERED NO. 4-1/2020, 1-34, DEKANAKONDA VILLAGE, KURICHEDUMANDALAM, PRAKASAM DISTRICT. REP. BY ITS TRUSTEE, KURANGI ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY (REVENUE), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 3. THE SUBCOLLECTOR, KANDUKUR DIVISION, ONGOLE DISTRICT. 4. THE TAHSILDARCUMMANDAL EXECUTIVE OFFICER, KURICHEDU MANDALAM, PRAKASAM DISTRICT. 5. THE STATION HOUSE OFFICER, KURICHEDU PS, KURICHEDU, PRAKASAM DT. ...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 pleased to issue WRIT OF CERTIORARI or any other appropriate Writ, Order or Direction calling for proceedings Rc.A/03/2021 dated 06.01.2021 that is promulgated under section 145 of Cr.P.C. to maintain tranquility as there is 2 alleged likelihood of breach of peace in Dekanakonda village, Kurichedu mandalam, Prakasam district as illegal, arbitrary, unconstitutional and violative of Articles 14 and 25 of Constitution of India, and consequently Quash the same in the interest of justice and pass IA NO: 1 OF 2021 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 dispense with filing of the proceedings dated 06-01-2021 by 4th respondent vide Rc. A/03/2021 under section 145 of Cr.P.C. in the interest of justice and pass. IA NO: 2 OF 2021 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 SUSPEND the operation of the proceedings dated 06.01.2021 byllrigespondent vide Rc.A/03/2021 under section 145 of Cr.P.C. and allow the petitioner trust to continue with the construction of the temple in the interest of justice and pass Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue WRIT OF CERTIORARI or any other appropriate Writ, Order or Direction calling for proceedings Rc.A/03/2021 dated 06.01.2021 that is promulgated under section 145 of Cr.P.C. to maintain tranquility as there is alleged likelihood of breach of peace in Dekanakonda village, Kurichedu mandalam, Prakasam district as illegal, arbitrary, unconstitutional and violative of Articles 14 and 25 of Constitution of India and consequently Quash the same in the interest of justice and pass...” 2. There is no representation for the petitioner. 3. Heard Sri Md. Farooq, learned Assistant Government Pleader for Home, who submitted that the cause does not survive in this matter since the petitioner has challenged the proceedings under Section 145 of the Cr.P.C., which were initiated by respondent No. 3. 4. Recording the said submissions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.10.2025. SNI 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26349 of 2021 Dated.16.10.2025 SNI 117