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2025 DAILYLAW 6062 (AP)

SAMMETLA VENKATESH v. THE STATE OF ANDHRA PRADESH

WP/3101/2025 · 2025-08-06

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.3101_2025 APHC010054522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3101/2025 Between: 1. SAMMETLA VENKATESH, S/O LATE SANYASI RAO, AGED ABOUT 38 YEARS, R/O. 50-90-22/2, SANTHIPURAM, SEETHAMPETA VISAKHAPATNAM URBAN, AKKAYYAPALEM, VISAKHAPATNAM, ANDHRA PRADESH-530016. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 3. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 4. TOWN PLANNER, ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 5. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 6. THE TAHSILDAR, , VISAKHAPATNAM URBAN, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 HN, J W.P.No.3101_2025 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of Respondents in threatening to dispossess the Petitioner from property bearing D. No. 49-49-8/1 admeasuring 86.11 Sq. Yards in Sy. No. 26/21, situated at N.G.G.O.s Colony, Akkayyapalem, Visakhapatnam District without issuing any notice or following due process of law as per se illegal, manifestly arbitrary, unreasonable and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and in utter violation of Principles of Natural Justice and pass IA NO: 1 OF 2025 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 Pleased to direct the respondents herein not to interfere with the peaceful possession of the Petitioners’ property bearing D. No. 49-49-8/1 admeasuring 86.11 Sq. Yards in Sy. No. 26/21, situated at N.G.G.O.s Colony, Akkayyapalem, Visakhapatnam District and pass Counsel for the Petitioner: 1. MANDALIKA KAVYA SUDHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.3101_2025 The Court made the following Order: 1. The petitioner is aggrieved by the highhanded action of the respondents in attempting to interfere with his peaceful possession of the property bearing Door No.49-49-8/1, admeasuring 86.11 square yards in Sy.No.26/21, N.G.G.O.s Colony, Akkayyapalem, Visakhapatnam District. 2. This Court, on 11.02.2025, directed both parties to maintain status quo over the subject property. 3. Today, when the matter is called, the learned Assistant Government Pleader appearing for respondent No.6 submits that the petitioner has filed photographs pertaining to land in Survey No.24/9, admeasuring 94 cents, and that the same is a poramboke highway land. Insofar as the petitioner’s grievance relating to land admeasuring 86.11 square yards in Survey No.26/21 is concerned, the respondents are not dispossessing the petitioner. In the event the respondents intend to dispossess the petitioner, due process shall be followed. 4. Recording the same, the present writ petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 07.08.2025 NKA 4 HN, J W.P.No.3101_2025 206 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.3101 of 2025 Date: 07.08.2025 NKA