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2025 DAILYLAW 55733 (AP)

Tenali Ramakrishna v. The State of Andhra Pradesh,

WP/15633/2023 · 2025-12-04

Ravi Cheemalapati

body2025

Judgment text

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APHC010304452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15633/2023 Between: 1. TENALI RAMAKRISHNA, S/O VENKAT RATNAM, AGED ABOUT 40 YEARS, DOOR NO 25-3-56, RAMALAYAM VEEDHI, PODALAKUR ROAD, NELLORE TOWN, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE ANIKEPALLI GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, ANIKEPALLI VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, VENKATACHALAM MANDAL, SPSR NELLORE 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 a Writ, order or Orders more particularly one in 2 the nature of a Writ of Mandamus declaring the action of the 3rd and 4th respondents in interfering with peaceful possession and enjoyment of petitioner site with an extent of 30 ankanams bearing plot no 68 comprised in Sy.No.17/3, 17/1,19/1,19/3,19/4 of Anikepalli Village, Venkatachalam Mandal, SPSR Nellore District. as illegal, arbitrary and unconstitutional and consequently direct the 3rd and 4th respondent not to dispossess the petitioner from his respective petitioner site with an extent of 30 ankanams bearing plot no 68 comprised in Sy.No.17/3, 17/1,19/1,19/3,19/4 of Anikepalli Village, Venkatachalam Mandal, SPSR Nellore District without following due process of law and pass 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 respondents not to dispossess the petitioner from his site with an extent of site with an extent of 30 ankanams bearing plot no 68 comprised in Sy.No.17/3, 17/1,19/1,19/3,19/4 of Anikepalli Village, Venkatachalam Mandal, SPSR Nellore District. without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ORDER: Declaring the action of the respondents in interfering with the petitioner’s peaceful possession and enjoyment over the site to an extent of 30 ankanams bearing plot No.68 comprised in Sy.No.17/3, 17/1, 19/1, 19/3, 19/4 of Anikepalli Village, Venkatachalam Mandal, SPSR Nellore District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Mattegunta Sudheer, learned Standing Counsel for Gram Panchayat. There is no representation for the petitioner. 3. Learned Standing Counsel on written instructions of the Panchayat Secretary, Anikepalli Gram Panchayat, dated 07.07.2023 submitted that the respondents are not interfering with the subject property as alleged by the petitioner, accordingly, prayed to dismiss the writ petition. 4. Perused the record and considered the submissions made by the learned Standing Counsel. 5. This Court, on 03.07.2023, granted an order of status quo with regard to the subject property. A perusal of the written instructions dated 07.07.2023 would indicate that the respondents are not interfering with the subject property. As such, there is no purpose in keeping the writ petition pending and the same is liable to be closed. 4 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: 05th December, 2025 RKS