APHC010414222021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25802/2021 Between: 1. BUDDARAJU SATYANARAYANA RAJU,, S/O LATE SURYANARAYANARAJU, AGED 58 YEARS, RIO DOOR NO. 50-1- 49/5, A.S.R. NAGAR, SEETHAMMADHARA, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3. THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 4. GOLAGANI APPAYAMMA, W/O LATE VAGALAYYA, R/O D.NO 14-16, NAGARAPALEM VILLAGE, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM. 5. THE STATION HOUSE OFFICER, BHEEMUNIPATNAM, POLICE STATION, BHEEMUNIPATNAM VISAKHAPATNAM DISTRICT. ...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 an appropriate Writ, order or direction more particularly one 2 in the nature of a Writ of Mandamus declaring notice No. RC.No 403/2021/C dated 18-10-2021 issued by the 3rd respondent herein under section 145 of Cr.P.C, in spite of the decree passed by the Honourable Junior Civil judge Court at Bheemunipatnam in a suit in O.S. 152/2006 on 30-12-2006 as illegal, arbitrary, unjust, malafide against to the rights guaranteed under the Constitution of India particularly Aricle-14 and 300A and against to the settled principles of law and to consequently set aside the same by directing the respondents not to interfere with the petitioner peaceful possession and enjoyment of the property situated in Sy.No.328/20 of Thimmapuram Village, Kapu,uppada Panchayat, Bheemunipatnam Mandal 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 stay of all further proceedings pursuant to the Notice issuing of notice No. RC.No 403/2021/C dated 18-10¬2021 issued by the 3rd respondent herein under section 145 of Cr.P.C Counsel for the Petitioner: 1. VIJAYA KUMAR SATA 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 an appropriate Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring notice No.RC.No.403/2021/C dated 18.10.2021 issued by the 3rd respondent herein under section 145 of Cr.P.C, in spite of the decree passed by the Honourable Junior Civil judge Court at Bheemunipatnam in a suit in O.S.152/2006 on 30.12.2006 as illegal, arbitrary, unjust, malafide against to the rights guaranteed under the Constitution of India particularly Aricle-14 and 300A and against to the settled principles of law and to consequently set aside the same by directing the respondents not to interfere with the petitioner peaceful possession and enjoyment of the property situated in Sy.No.328/20 of Thimmapuram Village, Kapu, uppada Panchayat, Bheemunipatnam Mandal 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.25802 of 2021 Dated.16.10.2025 SNI 148