APHC010502412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25929 of 2023 Between: 1. SANDEPOGU DEVENAMMA, W/O MADHUSUDHANARAO, AGED 55 YRS, OCC. COOLI,R/O. INDIRA COLONY 3RD LANE, KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT,ANDHRA PRADESH 2. ANAPARTHI.SRI RAMESH,, S/0 CHINNA NAGAIAH, AGED 48 YEARS, OCC. COOLI,R/O. INDIRA COLONY 3RD LANE, KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT,ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE, SECRETARIAT, VELAGAPUDI 2. THE DISTRICT COLLECTOR, , ONGOLE, PRAKASAM DIST. 3. THE REVENUE DIVISIONAL OFFICER, , ONGOLE, PRAKASAM DIST. 4. THE MANDAL REVENUE OFFICER, ONGOLE, PRAKASAM DISTRICT. 5. INDIRA COLONY PULIVENKATA REDDY COLONY ABHIRUDDI COMMITTEE ONGOLE, REG NO.104/2019, HAVING ITS OFFICE AT D.NO.10-112, INDIRA COLONY, KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT REPRESENTED BY ITS GENERAL SECRETARY NELAPATI SURESH S/O BENNY AGED ABOUT 38 YEARS R5 IS IMPLEADED AS PER THE COURT ORDER DATED.01.12.2023 VIDE ORDER PASSED IN IA NO.2 OF 2023. ...RESPONDENT(S): 2 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 any Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 in issuing proceedings Rc.No.E5/233837/2019 dated 21.09.2023 directing the Resp4,1dent No.4 to take action under Land Encroachment Act, 1905 and consequent proceedings Rc.B/457/2022 dated 30.09.2023 of the 4 Respondent under Land Encroachment Act, 1905 regarding plot Nos.39and 38in Sy.No.354/1C and 354/2 of Koppolu Village, Ongole Mandal as arbitrary, illegal and violative of Art.14 and 300A of the Constitution of India and consequently direct the proceedings not to interfere with the peaceful possession and enjoyment of petitioners' properties i.e., plot Nos.39and 38 in Sy.Nos.354/1C and 354/2in Koppolu Village, Ongole Mandal by nullifying the proceedings Rc.No.E5/233837/ 2019 dated 21.09.2023 and proceedings Rc.B/457/2022 dated 30.09.2023 of the 2nd and 4th Respondents respectively. Counsel for the Petitioner(S): 1. A V S LAXMI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. K N VIJAYA LAXMI The Court made the following: 3 ORDER: The present Writ Petition is filed to declare the action of the 2nd respondent in issuing proceedings Rc.No.E5/233837/2019 dated 21.09.2023, directing the 4th respondent to take action under the Land Encroachment Act, 1905, and consequential proceedings in Rc.B/457/2022 dated 30.09.2023 of the 4th respondent under the Land Encroachment Act, 1905, regarding plot Nos.39 and 38 in Sy.Nos.354/1C and 354/2 of Koppolu Village, Ongole Mandal, as arbitrary, illegal and violative of Articles 14 and 300A of the Constitution of India and consequently, prayed to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the subject property. 2. When the matter is taken up for consideration, learned designated Senior Counsel Sri P.B.Vijay Kumar, for the writ petitioners filed a memo dated 18.11.2025, vide WPUSR No.133265 of 2025 and stated that the District Collector had issued proceedings in E.No.233837(E5) dated 29.11.2023 and proceedings in RC.B/457/2019 dated 28.11.2023. In pursuance of the said proceedings, the present Writ Petition has become infructuous. Hence, requested this Court to close the Writ Petition. 3. Leaned counsel appearing for the 5th respondent has vehemently opposed the submission of the learned Senior Counsel and stated that a detailed hearing would be given to the 5th respondent. 4. As the learned Senior Counsel appearing for the writ petitioners would submit that the Writ Petition has become infructuous subsequent 4 to the proceedings of the District Collector in pursuant to the proceedings dated 29.11.2023 and 28.11.2023, this Court is inclined to close the Writ Petition as infructuous. If the 5th respondent is aggrieved by the proceedings of the District Collector dated 29.11.2023 and 28.11.2023, it is at liberty to assail the same before appropriate forum. 5. Accordingly, the Writ Petition is closed as infructuous. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.12.2025 Siva/JAK 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25929 of 2023 Date: 22.12.2025 Siva/JAK