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2025 DAILYLAW 54792 (AP)

Mudi Bhaskar v. The State of Andhra Pradesh

WP/22986/2020 · 2025-11-24

Ravi Cheemalapati

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010345532020 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. MUDI BHASKAR, S/O. M NARAYANA AGED ABOUT 44 YEARS, OCC-CULTIVATION R/O. PTM ROAD, B. KOTHAKOTA VILLAGE, B KOTHAKOTA POST AND MANDAL, CHITTOR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINICIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT VIJAYAWADA 3. THE B KOTHAKOTA GRAM PANCHAYAT, B KOTHAKOTA VILL B KOTHAKOTA REVENUE MANDAL, CHITTOR DISTRICT. REP. BY ITS EXECUTIVE OFFICER CUM PANCHAYAT SECRETARY. 4. K BALAJI, S/O. K SUBBARAMU AGED 43 YEARS R/O.D.NO. 8 1, KASPA SIMHAMVEEDHI, B KOTHAKOTA VILLAGE, POST AND MANDAL, CHITTOR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22986/2020 MUDI BHASKAR, S/O. M NARAYANA AGED ABOUT 44 YEARS, CULTIVATION R/O. PTM ROAD, B. KOTHAKOTA VILLAGE, B KOTHAKOTA POST AND MANDAL, CHITTOR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINICIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT THE B KOTHAKOTA GRAM PANCHAYAT, B KOTHAKOTA VILL B KOTHAKOTA REVENUE MANDAL, CHITTOR DISTRICT. REP. BY ITS EXECUTIVE OFFICER CUM PANCHAYAT SECRETARY. K BALAJI, S/O. K SUBBARAMU AGED 43 YEARS R/O.D.NO. 8 1, KASPA SIMHAMVEEDHI, B KOTHAKOTA VILLAGE, POST AND MANDAL, CHITTOR DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUDI BHASKAR, S/O. M NARAYANA AGED ABOUT 44 YEARS, CULTIVATION R/O. PTM ROAD, B. KOTHAKOTA VILLAGE, B KOTHAKOTA POST AND MANDAL, CHITTOR DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINICIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT THE B KOTHAKOTA GRAM PANCHAYAT, B KOTHAKOTA VILLAGE, B KOTHAKOTA REVENUE MANDAL, CHITTOR DISTRICT. REP. BY ITS EXECUTIVE OFFICER CUM PANCHAYAT SECRETARY. K BALAJI, S/O. K SUBBARAMU AGED 43 YEARS R/O.D.NO. 8-122- 1, KASPA SIMHAMVEEDHI, B KOTHAKOTA VILLAGE, POST AND .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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in issuing proceedings in Roc.No.15 dated 21.12.2019 in issuing permission for the construction of building in Survey No.470-2 PTM Road Extn area, B Kothakota Village, Post and Mandal, Chittor District as illegal, arbitrary and violation of fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of Constitution of India and consequently to set aside the impugned proceedings directing the Respondents to not to issue any building permission in Sy.No. 470-2 pending the interim orders in I.A.No. 447 of 2016 in O.S.No. 41 of 2016 on the file of Hon ble II Additional District Judge, Madanapalli and pass IA NO: 1 OF 2020 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 suspend the impugned proceedings Roc.No.15 dated 21.12.2019 issued by the 3rd Respondent and pass Counsel for the Petitioner: 1. ARUN SHOWRI GORREMUCHU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. V VINOD K REDDY The Court made the following: ORDER Sri Shaik Shahedaz, learned counsel, representing Sri G.Arun Showri, learned counsel for the petitioner, sought permission of this Court to withdraw the writ petition with liberty to file fresh writ petition. 2. In view of the above, this writ petition is dismissed as withdrawn granting liberty to approach appropriate forum in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI RR