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2025 DAILYLAW 55703 (AP)

E VENKATESWARULU GOUD v. The State of Andhra Pradesh

WP/2883/2023 · 2025-11-05

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010058532023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2883/2023 Between: 1. E VENKATESWARULU GOUD, S/O. E. CHINNA SESHANNA GOUD, AGED ABOUT 57 YEARS, R/O/ H.NO. 1 VILLAGE, KURNOOL MANDAL AND DISTRICT 2. LACCHAMMA, W/O. M. SUNDARA RAO, AGED ABOUT 46 YEARS, R/O. H.NO. 3-192, RUDRAVARAM VILLAGE, AND DISTRICT 3. L. MADDILETY REDDY, S/O. LATE MADDILETY REDDY, AGED ABOUT 61 YEARS, R/O. H.NO. 3 NANDANAPALLI VILLAGE, KURNOOL MANDAL AND DISTRICT 4. B. VIJAYA BHASKAR REDDY, S/O. B. VENKATA SUBBA REDDY, AGED ABOUT 56 YEARS, R/O. H.NO. 3 JUPADU BUNGALOW, KURNOOL DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KURNOOL RURAL MANDAL, KURNOOL DISTRICT 4. NANDANAPALLI GRAM PANCHAYAT, , REP. BY ITS PANCHAYAT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2883/2023 E VENKATESWARULU GOUD, S/O. E. CHINNA SESHANNA GOUD, AGED ABOUT 57 YEARS, R/O/ H.NO. 1-42, NANDANAPALLI VILLAGE, KURNOOL MANDAL AND DISTRICT LACCHAMMA, W/O. M. SUNDARA RAO, AGED ABOUT 46 YEARS, 192, RUDRAVARAM VILLAGE, KURNOOL MANDAL L. MADDILETY REDDY, S/O. LATE MADDILETY REDDY, AGED ABOUT 61 YEARS, R/O. H.NO. 3-189-9, BHUPAL NAGAR, NANDANAPALLI VILLAGE, KURNOOL MANDAL AND DISTRICT B. VIJAYA BHASKAR REDDY, S/O. B. VENKATA SUBBA REDDY, 56 YEARS, R/O. H.NO. 3-76, THATIPADU VILLAGE, JUPADU BUNGALOW, KURNOOL DISTRICT ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT OLLECTOR, KURNOOL DISTRICT, KURNOOL THE MANDAL PARISHAD DEVELOPMENT OFFICER, KURNOOL RURAL MANDAL, KURNOOL DISTRICT NANDANAPALLI GRAM PANCHAYAT, , REP. BY ITS PANCHAYAT IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI E VENKATESWARULU GOUD, S/O. E. CHINNA SESHANNA GOUD, 42, NANDANAPALLI LACCHAMMA, W/O. M. SUNDARA RAO, AGED ABOUT 46 YEARS, KURNOOL MANDAL L. MADDILETY REDDY, S/O. LATE MADDILETY REDDY, AGED 9, BHUPAL NAGAR, NANDANAPALLI VILLAGE, KURNOOL MANDAL AND DISTRICT B. VIJAYA BHASKAR REDDY, S/O. B. VENKATA SUBBA REDDY, 76, THATIPADU VILLAGE, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, OLLECTOR, KURNOOL DISTRICT, KURNOOL THE MANDAL PARISHAD DEVELOPMENT OFFICER, KURNOOL NANDANAPALLI GRAM PANCHAYAT, , REP. BY ITS PANCHAYAT SECRETARY , KURNOOL RURAL MANDAL, KURNOOL 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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in ear marking the small stretch of temple inam land situated along with Government cart track road admeasuring Ac. 0.68 cents in P. Rudravaram Village, Kurnool Rural Mandal, Kurnool District even though there is a already big existing big dump yard situated in the outskirts of the P. Rudravaram Village and absolutely there is no necessity to construct new dump yard, whereas only for ulterior reasons by way of colorable exercise of power as illegal, arbitrary and consequently forbear the respondents from ear marking/ constructing the dump yard in the aforesaid temple inam land and pass such IA NO: 1 OF 2023 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 2nd respondent to consider the representation of the petitioners dated 02.01.2023 and pass appropriate orders forthwith, pending disposal of the above Writ petition, and pass such Counsel for the Petitioner(S): 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the action of the respondents in earmarking the small stretch of temple inam land situated along with Government cart track road to an extent of Ac.0.68 cents in P.Rudravaram Village, Kurnool Rural Mandal, Kurnool District, for the purpose of constructing a new dumping yard without any necessity, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri K.Rathangapani Reddy, learned counsel for the petitioners, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned Standing Counsel on counter contended that the construction of aforementioned center is in Sy.No.245 in an extent of 0.20 cents in Nandanapalli Gram Panchayat, Kurnool Mandal, Kurnool Districtbut not in the subject land as alleged by the petitioners. Further, the construction activity has already commenced and yet to be completed.The averments made by the petitioners are not correct, the writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 4. In reply, learned counsel for the petitioners prayed to record the said submission and close the writ petition. 5. Taking their submissions into consideration, as the respondents are not making constructions in the subject land, there remains nothing for adjudication and the writ petition is liable to be closed. 6. Accordingly, the Writ Petition is closed.There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06th November, 2025 RKS