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2025 DAILYLAW 50852 (AP)

BANKA BASAVAIAH v. THE STATE OF AP

WP/25456/2023 · 2025-12-29

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010492732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25456/2023 Between: 1. BANKA BASAVAIAH, S/O LAZARU, HINDU, AGED 75 YEARS, R/O CHANDARLAPADU TOWN AND MANDALAM, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, THULIUM MANDALAM, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , NTR DISTRICT AT VIJAYAWADA. 3. THE DISTRICT PANCHAYATH RAJ OFFICER, NTR DISTRICT AT VIJAYAWADA. 4. THE THAHASILDAR, CHANDARLAPADU MANDALAM, NTR DISTRICT. 5. THE MANDALA DEVELOPMENT OFFICER, CHANDARLAPADU MANDALAM, NTR DISTRICT. 6. THE SECRETARY GRAMA PANCHAYATH, CHANDARLAPADU MANDALAM, NTR DISTRICT. 7. KUKKAMALLA SWAMIYELU, S/O ABBULU, HINDU, AGED 48 YRS, SC COLONY, CHANDARLAPADU MANDALAM, NTR DISTRICT. ...RESPONDENT(S): 2 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, order or direction mere particularly one in the nature of Writ of Mandamus declaring the notice of the 6th respondent dated 19-09- 2023 as being illegal arbitrary and violative of Art 14, 16 and 21 of the Constitution of India and to pass IA NO: 1 OF 2023 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 stay all further proceedings related to the notice dated 19-09-2023 issued by the 5th respondent and pass Counsel for the Petitioner: 1. DEVADASS BALANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. P PRABHAKAR RAO 4. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: As the learned counsel for the petitioner has passed away, notice was issued by the Registry to the petitioner. The endorsement of the Registry indicates that the notice sent to the petitioner was delivered, as per the postal tracking report. Despite service of notice, the petitioner did not choose to enter appearance. 2. On the other hand, Sri P.Prabhakar Rao, learned counsel for the 6th respondent submitted that the cause in the writ petition does not survive and has become infructuous. 3 3. Recording the said submission, the Writ Petition is dismissed as infructuous. However, if the petitioner feels that the cause still survives, an appropriate application may be filed within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 30.12.2025 SNI 4 227 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25456/2023 Date: 30.12.2025 SNI