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2025 DAILYLAW 52443 (AP)

K MADHUSUDHANA RAO ( Died) as per L.Rs P2 and P3 v. State of Andhra Pradesh

WP/3234/2023 · 2025-11-05

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010064792023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3234/2023 Between: 1. K MADHUSUDHANA RAO, S/O RAMACHANDRA RAO AGE.80 YEARS, OCC. AGRICULTURE R/O MADHAVARAM (WEST) A.KONDURU MANDAL NTR DIST. 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST. 2. THE MANDAL PARASHAD DEVELOPMENT OFFICER, A.KONDURU MANDAL, NTR DIST. 3. THE ASSISTANT ENGINEER, (PANCHAYAT RAJ DEP), A.KONDUR MANDAL, NTR DIST. 4. THE TAHSILDAR, A.KONDURU MANDAL, NTR DIS 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 writ or direction preferably Writ of Mandamus declaring action of the respondents 2 to petitioner from the land in Sy.No.330/2 to an extent of Ac.O at Madhavaram (West) Village, A.Kondur Mandal of NTR dist, without issuing any notice and without initiating any proceedin IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3234/2023 K MADHUSUDHANA RAO, S/O RAMACHANDRA RAO AGE.80 YEARS, OCC. AGRICULTURE R/O MADHAVARAM (WEST) A.KONDURU MANDAL NTR DIST. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR THE MANDAL PARASHAD DEVELOPMENT OFFICER, A.KONDURU MANDAL, NTR DIST. THE ASSISTANT ENGINEER, (PANCHAYAT RAJ DEP), A.KONDUR MANDAL, NTR DIST. THE TAHSILDAR, A.KONDURU MANDAL, NTR DIST. ...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 writ or direction preferably Writ of Mandamus declaring action 4 and their sub-ordinates in trying to dispossess the petitioner from the land in Sy.No.330/2 to an extent of Ac.O-68 cents situated at Madhavaram (West) Village, A.Kondur Mandal of NTR dist, without issuing any notice and without initiating any proceedings as contemplated under law IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI K MADHUSUDHANA RAO, S/O RAMACHANDRA RAO AGE.80 YEARS, OCC. AGRICULTURE R/O MADHAVARAM (WEST) ...PETITIONER STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR THE MANDAL PARASHAD DEVELOPMENT OFFICER, A.KONDURU THE ASSISTANT ENGINEER, (PANCHAYAT RAJ DEP), A.KONDUR ...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 writ or direction preferably Writ of Mandamus declaring action ordinates in trying to dispossess the 68 cents situated at Madhavaram (West) Village, A.Kondur Mandal of NTR dist, without issuing gs as contemplated under law is illegal, arbitrary, violative of principles of natural justice and also violative of Art.300-A of Constitution of India and consequently direct the respondents and their staff not to dispossess the petitioner from the land in any manner, and 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 the dispossession of the petitioner from the land in Sy.No.330/2 to an extent of Ac.0-68 cents situated at Madhavaram (West) Village, A.Kondur Mandal of NTR dist., pending the disposal of writ petition in the interest of justice IA NO: 2 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 permit the petitioners 2 and 3 to come on record as LRs of the deceased Writ petitioner (K.Madhusudhana Rao) in IA.No. 1/2023 as well as in WP.No. 3234/2023, in the interest of justice Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: Aggrieved by the action of the respondents in trying to dispossess the petitioner from the land to an extent of Ac.0.68 cents situated in Sy.No.330/2 in Madhavaram (West) Village, A.Kondur Mandal, NTR District, for the purpose of formation of road without issuing any notice and without following het procedure contemplated under law, the present writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and learned Assistant Government Pleader for Revenue for the respondents. 3. Sri Y.Koteswara Rao, learned Standing Counsel on written instructions dated 20.02.2023 contended that there is no proposal of laying road in the petitioner’s land and the respondents has not issued any order to take measurements, as such, the writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. In reply, learned counsel for the petitioner prayed to record the said submission and dispose of the writ petition. 6. A perusal of the written instructions vide Rc.No.54/2021 dated 20.02.2023 would go to show that there is no proposal to lay a road in the subject property and the Mandal Parishad Development Officer, Mandal Praja Parishad, A.Konduru Mandal, has not issued any order to take measurements of the subject land, as such, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition. 7. Accordingly, the Writ Petition is disposed of.There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06th November, 2025 RKS