M. RAJASHEKAR NAIDU, CHITOOR DIST. v. SECY., IRRIGATION DEPT. & 5 ORS.
WP/21236/2014 · 2025-02-13
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49352 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49352 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE^ PRESENT T^|E1^0N0URABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21236 OF 2014 Between: M. Rajashekar Naidu, S/o. Late M.Krishna Murthy, Aged about 57 years, Occ; Business, R/o. 15-116A, Kammagadda Street, Madanapalli, Chittoor District, A.P. ...PETITIONER AND
1. Government of Andhra Pradesh, Irrigation Department, Secretariat, Hyderabad. Rep. by its Secretary.
2. The District Collector, Chittoor, Chittoor District, A.P.
3. The Sub Collector, Madanapalli, Chittoor District, A.P.
4. The Madanapalli Municipality, Madanapalli, Chittoor District, A.P. Rep. by its Commissioner.
5. The Tahsildar, Madanapalli, Chittoor District, A.P.
6. The Executive Engineer, Department of Irrigation, Madanapalli, Chittoor District, A.P. ...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 OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents 2 to 4 in threatening to demolish the compound wall of A.S.R Theatre, Madanapalli, Chittoor District as illegal, arbitrary and contrary to the orders passed in WP.No.18875/2008.
LA. NO: 1 OF 2014(WPMP. NO: 26630 OF 2014) Pstition 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 direct the r^pondents 2 to 4 not to demolish the compound wall of the A.S.R theatre<d\^adanapalli, Chittoor District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI O.MANOHER REDDY Counsel for the RespondentrNosr4-j8U6: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2, 3 & 5: GP FOR REVENUE Counsel for the Respondent No.4: SMT.SIREESHA RANI VALLABHANENI, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER
1 APHC010228002014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21236/2014 Between: M. Rajashekar Naidu, Chitoor Dist. ...PETITIONER AND Secy Irrigation Dept 5 Ors and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.0MAN0HER REDDY Counsel for the Respondent{S):
1.GP FOR REVENUE (AP)
2.
3.GP FOR IRRI AND CAD (AP) The Court made the following:
2
ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 2 to 4 in threatening to demolish the compound wall of A.S.R Theatre, Madanapalli, Chittoor District as illegal arbitrary and contrary to the orders passed in WP No 18875/2008 by this Honble Court...” This Court on 30.07.2014, while ordering notice before admission passed the following interim order:
02.
“.. .For a period of then days from today, the respondents shall not demolish the compound wall of the petitioner's theatre except after putting him on notice and giving him an opportunity of being heard” Heard
learned counsel for the petitioner and the learned Standing Counsel for Municipal Corporation.
03.
04. Today, when the matter came up for hearing, the learned Standing Counsel appearing for Municipal Corporation, on oral instructions, has stated that in pursuance of the interim orders dated 30.07.2014 passed by this Court, the respondent authorities have not demolished the subject compound wall said to have been constructed by the petitioner and prays to close the writ petition.
05. Having regard to the facts and circumstances of the case and recording the
submissions of the learned Standing counsel for the Municipal
3 % Corporation, this Court is of the view that no purpose would be served in keeping of the writ petition pending. Accordingly, this writ petition is disposed of directing respondents not to interfere with the possession of the petitioner over the subject property without following due process of law. There shall be no order as to costs.
06. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,
1. The Secretary, Irrigation Department, Government of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Chittoor, Chittoor District, A.P.
3. The Sub Collector, Madanapalli, Chittoor District, A.P.
4. The Commissioner, Madanapalli Municipality, Madanapalli, Chittoor District, A.P.
5. The Tahsildar, Madanapalli, Chittoor District, A.P.
6. The Executive Engineer, Department of Irrigation, Madanapalli, Chittoor District, A.P.
7. One CC to Sri O.Manoher Reddy, Advocate [OPUC]
8. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Smt. Sireesha Rani Vallabhaneni, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies.
10.
11. gi I
HIGH COURT DATED:21/02/2025 \ g 02 JUN m ^ . CumnlStction ^ 4ggSPATC>^>^
ORDER WP.No.21236of2014 DISPOSING OF THE WRIT PETITION WITHOUT COSTS