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2025 DAILYLAW 53578 (AP)

R.Surya Prakash v. The State of Andhra Pradesh,

WP/13530/2021 · 2025-10-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010235822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13530 OF 2021 Between: R.Surya Prakash, S/o. Late Reddy Venkataramanappa aged 68 years, Occ- Cultivation, R/o D. No. 7/85, Lepakshi Village and Mandal, Anantapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, At Velagapudi, Amaravathi, A.P., 2. The District Collector, Ananthapur District., Ananthapur. 3. The Sub-Collector, Penukonda, Ananthapur District. 4. The Tahsitdar, Mandal Executive Magistrate, Ananthapur District 5. The Station House Officer, Lepakshi Police Station, Anantapur District. 6. Y Mahesh Reddy, S/o P.Gangi Reddy, aged 42 years. Real Estate, R/o Lepakshi Village and Mandal, Anantapur District 7. Smt. Radhika, w/o Y.Mahesh Reddy, aged 37 years, Occ- house wife, R/o Lepakshi Village and Mandal, Anantapur District Lepakshi Mandal, Lepakshi ...Respondents 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 more particularly one in the nature of Writ of Mandamus declaring the order in the order in R.C.No.49/2021 dated 05.06.2021 passed by 4*'^ respondent under Section 145(4) code of Criminal Procedure, 1973 as illegal, arbitrary and illegal, arbitrary and contrary provisions of Code of Criminal Procedure and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the lA NO: 1 OF 2021 to same. 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 suspend the operation of the order in R.C.No.49/2021 05.06.2021 passed by 4^'" respondent under Section 145(4) code of Criminal Procedure, 1973 passed by 4*^ respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MD. FAROOQ, AGP FOR HOME Counsel for the Respondent Nos.6 & 7: NONE APPEARED The Court made the following order: APHC010235822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE [3396] 0 ?::h PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13530/2021 Between; 1.R.SURYA PRAKASH, S/0. LATE REDDY VENKATARAMANAPPA AGED 68 YEARS, OCC- CULTIVATION, R/O D. NO. 7/85, LEPAKSHl VILLAGE AND MANDAL, ANANTAPURAMU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, A.P., AT VELAGAPUDI, 2.THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT. ANANTHAPUR. 3.THE SUBCOLLECTOR, PENUKONDA, ANANTHAPUR DISTRICT. 4.THE TAHSILDAR, MANDAL EXECUTIVE MAGISTRATE, LEPAKSHl MANDAL, ANANTHAPUR DISTRICT 5.THE STATION HOUSE OFFICER, LEPAKSHl POLICE STATION, LEPAKSHl, ANANTAPUR DISTRICT. 6.Y MAHESH REDDY, S/O P.GANGI REDDY, AGED 42YEARS, REAL ESTATE, R/O LEPAKSHl VILLAGE AND 2 MANDAL, ANANTAPUR DISTRICT 7.SMT RADHIKA, W/0 Y.MAHESH REDDY, AGED 37 YEARS, OCC- HOUSE WIFE, R/0 LEPAKSHI VILLAGE AND MANDAL, ANANTAPUR DISTRICT ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order in the order in R.C.No.49/2021 dated 05.06.2021 passed by 4th respondent under Section 145(4) code of Criminal Procedure, 1973 as illegal, arbitrary and illegal, arbitrary and contrary to provisions of Code of Criminal Procedure and violative of Articles 14, 21.and 300-A of the Constitution of India and consequently set-aside the same and pass lA NO: 1 OF 2021 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 suspend the operation of the order in R.C.No.49/2021 05.06.2021 passed by 4th respondent under Section 145(4) code of Criminal Procedure, 1973 passed by 4th respondent, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE < THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13530 of 2021 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India with the following prayer for: 'to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order in the order in R.C.No.49/2021 dated 05.06.2021 passed by 4th respondent under Section 145(4) code of Criminal Procedure, 1973 as illegal, arbitrary and illegal, arbitrary and contrary to provisions of Code of Criminal Procedure and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the same ” Sri Md.Farooq, learned Assistant Government Pleader for 2. Home would submit that the cause in the present Writ Petition has become infructuous since the impugned proceedings issued by Thasildar will be in force only for a period of six (06) months. Recording the said submission, the Writ Petition is 3. disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. qd/- U SRiNlVAS assistant^^^strar section officer Revenue //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat Buildings, At Velagapudi, Amaravathi, A.P., 2. The District Collector, Ananthapur District., Ananthapur. 3. The Sub-Collector, Penukonda, Ananthapur District. The Tahsildar, Mandal Executive Magistrate, Ananthapur District The Station House Officer, Lepakshi Police Station, Lepakshi, Anantapur District. One CC to SRI. P NARAHARI BABU, Advocate [OPUC] Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Two CD Copies Lepakshi Mandal, 4. 5. 6. 7. 8. 9. sree 4 HIGH COURT DATED:07/10/2025 ORDER WP NO. 13530 OF 2021 r*-*) Co* g( 0 5 NOV 2025 ^^xCiirrent DISPOSING OF THE W.P. WITHOUT COSTS