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High Court of Andhra Pradesh · body

2025 DAILYLAW 53899 (AP)

Kada Krishna, v. The State of A.P.

WP/40257/2018 · 2025-12-03

B V L N Chakravarthi

body2025

Judgment text

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APHC010834062018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 40257/2018 Between: 1. KADA KRISHNA,, S/O VEERRAJU AGED ABOUT 52 YEARS, R/ A D.NO.2-7, AGRAHARAM CHOLLANGI, TALLAREVU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 3. THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, TALLAREVU MANDAL, EAST GODAVARI DISTRICT. 4. THE GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY CHOLLANGI, EAST GODAVARI 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 toto issue a writ order or direction one in the nature of Writ of Mandamus by declaring the order of the 3rd respondent dated 18-08-2018 in respect of the premises bearing No.2- 7, Agraharam, Chollangi, Tallarevu mandal, East Godavari District without conducting any enquiry as illegal, arbitrary violative of the principles of the natural justice and consequently direct the 3rd respondent and their staff not to interfere with the business activities of the petitioner in premises bearing No.2-7, Agraharam, Chollangi, Tallarevu mandal, East Godavari District and pass 2 IA NO: 1 OF 2018 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 direct the 3rd respondent and their staff not to interfere with the business activities of the petitioner in premises bearing No.2-7, Agraharam, Chollangi, Tallarevu mandal, East District and pass Counsel for the Petitioner: 1. A S C BOSE Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. K K DURGA PRASAD The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.40257 of 2018 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the order of the 3rd respondent dated 18-08-2018 in respect of the premises bearing No. 2-7, Agraharam, Chollangi, Tallarevu Mandal, East Godavari District, passed without conducting any enquiry, as illegal, arbitrary and violative of the principles of natural justice, and consequently direct the 3rd respondent and their staff not to interfere with the business activities of the petitioner in the premises bearing No. 2-7, Agraharam, Chollangi, Tallarevu Mandal, East Godavari District, and pass…” 2. Heard Sri Harsha S. Amminani, learned counsel representing Sri A.S.C. Bose, learned counsel for the petitioner, Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home appearing for the 1st respondent, and Sri K. Siva Prasad, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 3. 4 3. The present writ petition is filed challenging the order dated 18.08.2018 issued by the Mandal Executive Magistrate and Tahsildar, Tallarevu, under Section 133 Cr.P.C. It is an admitted fact that the said order expired after six (6) months and, as on date, is no longer in force. 4. In view of the same, both parties submit that no further orders are required at this length of time. Hence, the Writ Petition is closed without going into the merits of the case. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 4th December, 2025 cbn 5 80 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No.40257 of 2018 4th December, 2025 cbn