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2025 DAILYLAW 58840 (AP)

RAPOLU PRAKASH v. State of Andhra Pradesh

WP/31816/2022 · 2025-11-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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Dr.VJP,J W.P.No.31816 of 2022 APHC010513022022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31816 OF 2022 Between: 1. RAPOLU PRAKASH, S/o Janardhan, Aged 45 years, Occ. Advocate, R/o H.No.6-6-424, Opp. VT Colony, Hyderabad Road, Nalgonda, Telangana State ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Guntur district. 2. The Addl Director General of Police, Crime Investigation Department, AP DGP Head Quarters, First Floor,Mangalagiri, Guntur Urban District -522503, Andhra Pradesh. 3. Inspector of Police, CID Regional office, Pine Apple Colony, Arilova, Visakhapatnam ...Respondents 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 tomay be pleased to issue Writ or Order or Direction more particularly in the nature of mandamus by declaring the action of the respondents in cancel of original DK Patta No.84/1385 dated 31-03-1975 in Survey No.252/1 of Pandillapalli Village to an extent of Ac.2-57 Cents issued in the name of the Dr.VJP,J W.P.No.31816 of 2022 petitioner without issuing the notice and without following the procedure to cancel the patta basing on the fake sale deed document No.1405/1984 dated 17- 04-1984 of SRO, Chirala in the name of the 8th respondent is illegal, arbitrary, unjust, against Article 19, and 21 of the Constitution of India and against Revenue Laws consequently direct the respondents to restore the DK Patta isued in the name of the petitioner and not to mutate the name of the 8th respondent in the Revenue Records and to pass such other orders. and to pass such Counsel for the Petitioner: VENKATA SUBBAIAH POGULA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:SPL.PUBLIC PROSECUTOR FOR CID Dr.VJP,J W.P.No.31816 of 2022 The Court made the following ORDER: 1. This Writ Petition is filed with the following prayer: “…to issue a writ, direction or order, more particularly, in the nature of a writ of mandamus declaring the continuation of G.O.Ms.No.70, Home (General.B/A2) Department, dated 03.04.2014, in so far as the properties figuring at Sl.No's.39 to 41, despite the learned Metropolitan Sessions Judge-Cum-I ADJ by its order dated 09-04-2019, discharging the accused in CC.No.16 of 2017 and CC.No.17 of 2017 from the offence punishable U/S-5 of the A.P.P.D.F.E.Act, 1999 and taking steps to conduct an auction in relation to the properties figuring at Sl.No's. 39 to 41 in annexed to G.O.Ms.No. 70, Home (General.B/A2) Department, dated 03.04.2014, despite the stay granted in Crl.A.No. 354 of 2020 is highly arbitrary, without jurisdiction, and illegal, and consequently to direct the Respondents not to proceed with any further steps, including the auction of properties figuring at Sl.No's.39 to 41 of G.O.Ms.No.70, Home (General.B/A2) Department, dated 03.04.2014…” 2. When the matter is taken up for hearing, learned counsel for the petitioner submitted that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the above said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.11.2025 Dvs Dr.VJP,J W.P.No.31816 of 2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 133 WRIT PETITION NO: 31816 OF 2022 Date: 21.11.2025 Dvs