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2025 DAILYLAW 55793 (AP)

SHAIK APSAR JAN v. THE STATE OF ANDHRA PRADESH

WP/8375/2023 · 2025-11-30

Ravi Cheemalapati

body2025

Judgment text

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APHC010163582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8375/2023 Between: 1. SHAIK APSAR JAN, W/O MAHAMMAD SHAFI, AGED ABOUT 58 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 28-4-269, VIJAYNAGAR COLONY, ANANTHAPURAM TOWN, ANANTHAPURAM DISTRICT, 2. B.A PYARI JAN, , W/O B.A SARDAR HUSSAIN, AGED ABOUT 67 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 2-282-A-10-1, P AND T COLONY, MADANAPALLI TOWN, ANNAMAYYA DISTRICT, 3. SYED ABIDA,, W/O AMANULLA, AGED ABOUT 54 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 12-92, SAI NAGAR, 1ST CROSS, ANANTHAPURAM TOWN, ANANTHAPURAM DISTRICT, ( BEING LAND OWNERS, REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDERS, WHO ARE THE 4TH TO 6TH PETITIONERS HEREIN) 4. SHAIK SUHAIL TANVVER,, S/OMUNEER AHMED, AGED ABOUT 29 YEARS, OCC BUSINESS, R/O. DOOR NO. 32- 94, ALIMABAD STREET, RAYACHOTI TOWN, ANNAMAIAH DISTRICT. 2 5. SHEIK MAHABOOB, JAN,W/O S. TAJUDDIN, AGED ABOUT 50 YEARS, OCC HOUSE WIFE, R/O. DOOR NO.11-82-24A, ALAMKHAN STREET, KADIRI TOWN, SRI SATHYA SAI DISTRICT. 6. SHAIK ISHAK,, S/O LATE S. GAFOOR SHAB, AGED ABOUT 48 YEARS,OCC BUSINESS, R/O. DOOR NO. 1- 289-1A, KASTUBARI STREET, KADIRI TOWN, SRI SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP 4. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHI. ERSTWHILE ANATHAPUR DISTRICT. 5. THE DISTRICT TOWN AND COUNTRY PLANNING OFFICER, SRI SATHYA SAI DISTRICT, PUTTAPARTHI. ERSTWHILE ANATHAPUR DISTRICT. 6. THE DISTRICT PANCHAYATHH OFFICER, SRI SATHYA SAI DISTRICT, PUTTAPARTHI. ERSTWHILE 3 ANATHAPUR DISTRICT. 7. THE SUPERINTENDENT OF POLICE, , SRI SATHYA SAI DISTRICT, PUTTAPARTHI. ERSTWHILE ANATHAPUR DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT. 9. THE STATION HOUSE OFFICER, KADIRI RURAL POLICE STATION, KADIRI TOWN, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTHAPUR DISTRICT. 10. SURYA NARAYANA, S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 48 YEARS, OCC CIRCLE INSPECTOR KADIRI RURAL POLICE STATION, KADIRI TOWN, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTHAPUR DISTRICT 11. THE KUMMARAVANDLA PALLI PANCHAYATH, REP. BY ITS SECRETARY, KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT. 12. THE PANCHAYATH SECRETARY, KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT. 13. PADMAJA, D/O NOT KNOWN TO THE PETITIONER AGED ABOUT 45 YEARS,OCC PANCHAYATH SECRETARY KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT 14. THE KUMMARAVANDLA PALLI PANCHAYATH, REP. BY ITS SECRETARY, KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT. 12. THE PANCHAYATH SECRETARY, KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT. 13. PADMAJA, D/O NOT KNOWN TO THE PETITIONER AGED ABOUT 45 YEARS,OCC PANCHAYATH SECRETARY KUMMARAVANDLA PALLI PANCHAYATH, KADIRI MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR DISTRICT 14. BATHALA RAVI, S/O B. RAMAPPA AGED ABOUT 41 YEARS, OCC CULTIVATION R/O D.NO 3-14, SOMARAJUKUNTA VILLAGE H/O DHANIYANI CHERUVU VILLAGE, N.P. KUNTA MANDAL, SRI 4 SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPUR 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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 4th to 6th respondents not to take any action over the illegal construction made by the 14th respondent without having any clear title and approval according the provisions of the Andhra Pradesh Gram Panchayath Land Development (Layout and Building) Rules, 2002 is as illegal, arbitrary, unjust and contrary to the violation of the article 19 AND 300-A of Constitution of India and consequently direct the 4th to 6th respondents to demolish the illegal construction is constructing by the 14th respondent in an extent of 83.25 square meters in survey No.767/B/2 of Kummaravandla Palli grama panchayat, Kadiri Mandal, Sri Sathya Sai District, erstwhile Ananthapur District, 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 be pleased to direct the 4th to 6th respondents to stop the illegal constructions which are constructing by the 14th respondent in an extent of 83.25 square meters in survey No.767/B/2 of Kummaravandla Palli grama panchayat, Kadiri Mandal, Sri Sathya Sai District, erstwhile Ananthapur District, pending disposal of the above writ petition and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 5 petition, the High Court may be pleased pleased to direct the 4th to 7th Respondent to take appropriate action against the 9th to 14th respondents as procedure stipulated as per law, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. G KONDALA RAO Counsel for the Respondent(S): 1. KRISTAM SAKTHI NIRANJAN GUPTHA 2. GP FOR HOME 3. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 4. GP FOR REVENUE 5. GP FOR PANCHAYAT RAJ RURAL DEV 6. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following ORDER: Sri G. Kondala Rao, learned counsel for the petitioner submitted that the cause in the writ petition does not survive and that it has become infructuous. Hence, nothing further remains for adjudication. Recording the said submissions, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 6 As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 01.12.2025 ANS 7 163 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8375/2023 Date: 01.12.2025 ANS