Raja Venkata Ranianaiah, v. The State of Andhra Pradesh
WP/29128/2025 · 2025-11-23
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54036 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54036 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010442882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29128/2025 Between:
1. RAJA VENKATA RANIANAIAH,, S/O HAARATH SETTY, AGED ABOUT 60 YEARS, OCC BUSINESS, R/O TUKUMANMITTA, SANTHAPETA, NELLORE, S.P.S.R.NELLORE DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE DISTRICT COLLECTOR, NELLORE,
S.P.S.R.NELLORE DISTRICT
3. THE JOINT COLLECTOR, NELLORE, S.P.S.R.NELLORE DISTRICT
4. THE DISTRICT SUPPLY OFFICER, NELLORE, S.P.S.R.NELLORE DISTRICT
5. THE TAHSILDAR, A.S.PETA MANDAL,
A.S.PETA, S.P.S.R.NELLORE DISTRICT
6. RAJA KONDALA RAO, S/O LATE RAJA VENKATA SUBBAIAH, AGED ABOUT 50 YEARS, OCC BUSINESS, A.S.PETA (VIL), A.S.PETA MANDAL, S.P.S.R.NELLORE DISTRICT. ...RESPONDENT(S):
2 VS,J W.P.No.29128 of 2025
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 action of the Respondents 2 to 5 in allowing the 6th Respondent to run the Rice Mill situated in Patta No.240, Sy. No.l26 (1), of A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District is arbitrary, illegal, without Jurisdiction and consequently direct the Respondents 2 to 5 to seize the Rice Mill situated in Patta No.240, Sy. No. 126 (1), of A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District IA NO: 1 OF 2025 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 direct the Respondents 2 to 5 to stop the running of Rice Mill situated in Patta No.240, Sy. No. 126 (1), of A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District by the 6th Respondent, pending disposal of the writ petition Counsel for the Petitioner:
1. CH C KRISHNA REDDY Counsel for the Respondent(S):
1.
GP FOR CIVIL SUPPLIES The Court made the following:
3 VS,J W.P.No.29128 of 2025
ORDER
The present Writ Petition came to be 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 Writ of Mandamus declaring the action of the Respondents 2 to 5 in allowing the 6th Respondent to run the Rice Mill situated in Patta No.240, Sy. No.l26 (1), of A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District is arbitrary, illegal, without Jurisdiction and consequently direct the Respondents 2 to 5 to seize the Rice Mill situated in Patta No.240, Sy. No. 126 (1), of A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District…”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 3. The petitioner‟s father, Raja Hazarath Setty was the owner of the site admeasuring an extent of Ac.0.21 cents (126 ankanams) of Patta No.240, Sy.No.126 (1), situated at A.S.Peta (Vil), A.S.Peta Mandal, S.P.S.R.Nellore District. In the said site, the petitioner‟s father constructed a rice mill under the name and style of „Rahamath Rice Mill‟ about 60 years ago. The petitioner‟s father died, leaving behind his wife and four sons, of whom the elder son, Venkata Subbaiah also died. Thereafter, the petitioner is entitled to ¼ share in the said rice mill and other properties. The 6th respondent herein is the son of petitioner‟s elder brother, late Raja Venkata Subbaiah. The petitioner contends that the 6th respondent has no right over the entire rice mill and without obtaining any license from the competent licensing authority, is
4 VS,J W.P.No.29128 of 2025
illegally running a rice mill situated in Patta No.240, Sy. No.126(1), of A.S. Peta Village, A.S. Peta Mandal, S.P.S.R. Nellore District. 4. It is the grievance of the petitioner that despite the rice mill being operated without statutory permissions, Respondents 2 to 5 have permitted the 6th respondent to continue its operations without taking any action. In view of such inaction, the petitioner has also issued a registered legal notice on 06.03.2025 to the 5th Respondent/Tahsildar, A.S.Peta Mandal.
However, as no action has been taken on the said notice, the present writ petition has been filed. 5. In view of the fact that a notice was already issued to the 5th Respondent on 06.03.2025, instead of going into the merits of the case, this Court feels it appropriate to direct the 5th Respondent/Tahsidlar, A.S.Peta Mandal to pass appropriate orders on the legal notice issued by the Petitioner on 06.03.2025, within a period of three (3) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA
Dated: 24.11.2025 KGR