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2025 DAILYLAW 52646 (AP)

AKKABATHULA LAKSHMANA RAO v. THE STATE OF ANDHRA PRADESH

WP/26152/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010502982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26152/2024 Between: 1. AKKABATHULA LAKSHMANA RAO, S/O SIMHADRI, AGED 65 YEARS, OCC RETIRED EMPLOYEE, R/O H.NO. 1-69, PADAVALA REVU, UNDI VILLAGE AND MANDAL WEST GODAVARI DISRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, AT ELURU. 3. THE SHO, POLAVARAM POLICE STATION POLAVARAM, ELURU DISTRICT. 4. THE SUB INSPECTOR OF POLICE, POLAVARAM POLICE STATION, POLAVARAM, ELURU DISTRICT. 5. DASARI GANGARAJU, S/O MUGAYYA, AGED 43 YEARS, OCC CULTIVATION, R/O D.NO.2-1A-56, NIDADHAVOLU TOWN AND MANDAL, WEST GODAVARI DISTRICT, 535301. ...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 topleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in 2 interfering with the Civil Disputes of the land Ac.2.00 cents and Ac.01.07 cents total Ac.03.07 cents in Sy.no.369/3, situated in Gutala village, Polavaram Mandal, Eluru District, between the petitioner and the 5th respondent and demanding the petitioner to withdraw the civil cases, and treathening the petitioner to hand over the possession to the 5th respondent is highly illegal. arbitrary, colourable exersize of Power, violation of Art 14, 19 (i) (g) 300-A, of Constitution of India apart from violation of Principles of natural justice consequently to direct the respondents particularly respondent no.4 not to interfere with the civil dispute of the land Ac.2.00 cents and Ac.01.07 cents total Ac.03.07 cents in Sy.no.369/3, situated in Gutala village, Polavaram Mandal, Eluru District between the petitioner and the respondent no.5 and pass IA NO: 1 OF 2024 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 pleased to direct the respondents particularly respondent no.4 not to interfere with the civil dispute of the land admeasuring Ac.2.00 cents and Ac.01.07 cents total Ac.03.07 cents in Sy.no.369/3, situated in Gutala village, Polavaram Mandal, Eluru District between the petitioner and the respondent no.5 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. JAMI MADHAVI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the Civil Disputes of the land Ac.2.00 cents and Ac.01.07 cents total Ac.03.07 cents in Sy.no.369/3, situated in Gutala village, Polavaram Mandal, Eluru District, between the petitioner and the 5th respondent and demanding the petitioner to withdraw the civil cases, and treathening the petitioner to hand over the possession to the 5th respondent is highly illegal. arbitrary, colourable exersize of Power, violation of Art 14, 19 (i) (g) 300-A, of Constitution of India apart from violation of Principles of natural justice consequently to direct the respondents particularly respondent no.4 not to interfere with the civil dispute of the land Ac.2.00 cents and Ac.01.07 cents total Ac.03.07 cents in Sy.no.369/3, situated in Gutala village, Polavaram Mandal, Eluru District between the petitioner and the respondent no.5 and pass...…” 2. Heard learned Counsel for the petitioner. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Sri V.Farook, Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 20.12.2025 MH 4 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 114 W.P.No.26152 of 2024 Dated 20.12.2025 MH