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2025 DAILYLAW 55008 (AP)

Coastal Ceramics and Clay Works Private Limited, v. South Central Railway,

WP/5486/2008 · 2025-11-30

Sumathi Jagadam

body2025

Judgment text

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APHC010212732008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5486/2008 Between: 1. COASTAL CERAMICS AND CLAY WORKS PRIVATE LIMITED,, REP. BY ITS MANAGING DIRECTOR, B. RAVINDRA KUMAR, S/O. HANUMAIAH, HINDU, AGE 57 YEARS, OCC: BUSINESS, R/O. RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. SOUTH CENTRAL RAILWAY, REP. BY ITS DIVISIONAL MANAGER, VIJAYAWADA, KRISHNA DISTRICT. 2. ASSISTANT DIVISIONAL ENGINEER, SOUTH CENTRAL RAILWAY, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. SUB COLLECTOR, RAJAHMUNDRY, 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 to issue Writ of Mandamus or any appropriate Writ, or order or direction declaring the action of the respondents in dispossessing the petitioner from its peaceful possession and enjoyment of factory land and constructions situated in an extent of Ac. 4.93 cens in R.S.No. 464/A, 464/B, 464/C, and 464/B2 in Rajahmundry Municipality, by demolishing the same without following due process of law as illegal, arbitrary, violative of principle of natural justice and violative of Art. 19 (1)(2) and 21 of the Constitution of India and for a consequential order directing the respondents not to dispossess the Petitioner from its peaceful possession and enjoyment of 2 JS,J W.P.No.5486/2008 factory land and constructions situated in an extent of Ac. 4.93 cents in R.S.No. 464/A, 464/B, 464/C, and 464/B2 in Rajahmundry Municipality, by demolishing the same without following due process of law and to pass IA NO: 1 OF 2008(WPMP 7114 OF 2008 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 directing the respondents not to dispossess the Petitioner from its peaceful possession and enjoyment of factory land and constructions situated in an extent of Ac. 4.93 cents in R.S.No. 464/A, 464/B, 464/C, and 464/B2 in Rajahmundry Municipality, by demolishing the same without following due process of law and to pass IA NO: 4 OF 2008(WPMP 33798 OF 2008 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 IA NO: 1 OF 2009(WPMP 20146 OF 2009 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 implead the respondents 4 and 5 herien i.e., (1) Tahsildar, Rajahmundry Urban E.G. Dist. (2) Dy. Tahsildar, Rajahmundry Urban E.G. District as necessary party respondents 4 & 5 in the above WP IA NO: 2 OF 2009(WPMP 20147 OF 2009 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 direct the respondents 3 to 5 not to dispossess the Petitioner from its peaceful possession and enjoyment of the land in an extent of Ac. 4.93 cents in R.S.No. 464/A, 464/B, 464/C, and 464/B2 in Rajahmundry Municipality, E.G. Dist. Counsel for the Petitioner: 1. VENKAT CHALLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A RAVINDRA BABU (CENTRAL GOVT COUNSEL) 3 JS,J W.P.No.5486/2008 The Court made the following ORDER: Sri Maruthi Shankar, learned counsel representing Sri Venkat Challa, learned counsel for the petitioner, submits that the cause in the writ petition does not survive for adjudication. Recording the submission of learned counsel appearing for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 01.12.2025 KAS 4 JS,J W.P.No.5486/2008 212 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5486/2008 Dated: 01.12.2025 KAS