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2025 DAILYLAW 50727 (AP)

J RAMADEVI v. STATE OF AP

WP/252/2019 · 2025-11-16

Ninala Jayasurya

body2025

Judgment text

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APHC010004782019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 252 OF 2019 Between: 1. J RAMADEVI, W/O. LATE J.DURGA PRASAD, AGED ABOUT 56 YEARS, OCCUPATION HOUSE WIFE, R/O. PLOT NO. 404, NIMISH CASTLE, PATTABHI REDDY GARDENS, MURALINAGAR, VISAKHAPATNAM. 2. DR. GOUTAM KRISHNA, S/O. LATE J.DURGA PRASAD, AGED ABOUT 38 YEARS, PRIVATE DOCTOR, R/O. PLOT NO. 404, NIMISH CASTLE, PATTABHI REDDY GARDENS, MURALINAGAR, VISAKHAPATNAM. 3. DR. VIJAY KRISHNA, S/O. LATE J.DURGA PRASAD, AGED ABOUT 35 YEARS, OCCUPATION PRIVATE DOCTOR, R/O. PLOT NO. 404, NIMISH CASTLE, PATTABHI REDDY GARDENS, MURALINAGAR, VISAKHAPATNAM. ...PETITIONER(S) AND 1. STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VELAGAPUDI, AMARAVATI, GUNTUR DIST 2. THE DISTRICT COLLECTOR, , VISAKHAPATNAM ,VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI DIVISION, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, PARVADA MANDAL, VISAKHAPATNAM DISTRICT. 5. THE MUTYALAMPALEM PANCHAYAT, PARVADA MANDAL, VISAKHAPATNAM DISTRICT. REP. BY ITS SECRETARY. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following ORDER: The Writ Petition is filed seeking to declare the action of the respondents in raising temporary structures in the subject matter property to an extent of Ac.5-81 cents situated in Sy.No.332/1 in Cheepurupalli Village, Parvada Mandal, Visakhpatnam without any authority of law and following due process is illegal arbitrary etc., and for consequential direction. 2) Mr.K.Ajay Kumar, learned counsel representing Mr.N.Ashwani Kumar, learned counsel for the petitioners, made submissions with reference to the averments made in the affidavit filed in support of the Writ Petition as also the order dated 04.10.2007 passed in W.P.No.19287 of 2007. In fact, it is the contention that the respondent authority, more particularly respondent No.4 is making attempts to interfere with the subject matter property without adhering to the procedure contemplated under law. 3) On the other hand, learned Assistant Government Pleader Mr.K.Arjun Chowdary seeks further time to secure instructions in the matter. 4) However, considering the grievance of the petitioners and perusing the interim order dated 11.01.2019 granted by a learned Judge of this Court, this Court deems it not necessary to examine the matter in detail. The said interim order reads as follows: “Having regard to the submissions, status quo with regard to the subject property, as on 11.01.2019, shall be maintained till 25.02.2019, subject to the same rider mentioned in the said order.” 5) Subsequently, another learned Judge passed the following order dated 26.02.2019: “Having regard to the facts & submissions, status quo with regard to the subject property, as on 11.01.2019, shall be maintained until further orders, subject to the same rider that this order will not preclude the respondent authorities from proceeding in accordance with law.” 6) In the light of the above said orders, this Court is inclined to dispose of the Writ Petition providing that the respondent authorities shall not resort to any coercive action in respect of the subject matter property except by following due process of law. 7) Accordingly, the Writ Petition is disposed of. No costs. 8) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. ____________________ NINALA JAYASURYA,J Date:17.11.2025 Ssv THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 252 OF 2019 Date:17.11.2025 Ssv