Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 5021 (AP)

Kondeti Soma Sekhar, v. The State of Andhra Pradesh,

WP/2043/2025 · 2025-01-29

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010040632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2043/2025 Between: Kondeti Soma Sekhar ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.2043 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in insisting petitioner to vacate from his Goa cool drinks and pan shop, having Assessment No.2534 admeasuring an extent of 48.4 Square Yards covered by Sy.No.779/2 of Chinnatippasamudram Village, within the limits of CTM Cross Road Gram Panchayat, Madanapalle Mandal, Annamayya District, as illegal, irregular, irrational, without following any known procedure established by law and violative of the provisions of Andhra Pradesh Panchayatraj Act, 1994 and rules framed there under and offends Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment over his said shop property and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The only grievance of the petitioner in the writ petition is that the respondents are trying to demolish the shop/buddi shop of the petitioner and to dispossess the petitioner from the subject shop 3 property without following the procedure as established by law, which is illegal and arbitrary. 4. Learned counsel for the petitioner requested this Court to direct the respondents to follow the due process of law before initiating any action against the petitioner’s shop. 5. Learned counsel for the respondents requested some time. 6. Acceding the request made by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition directing the respondents to follow the procedure as established by law before initiating any action against the petitioner’s subject shop property. Till such, the respondents are directed not to take any coercive steps against the petitioner’s shop. 7. With the above said observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 29.01.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.2043 of 2025 Date : 29.01.2025 SPP