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2025 DAILYLAW 7269 (AP)

MOSYA BUJJIBABU v. The State of Andhra Pradesh,

WA/123/2025 · 2025-02-18

Maheswara Rao Kuncheam, R Raghunandan Rao

body2025

Judgment text

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s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE i PRESENT I THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 123 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 23/01/2025 in WP No. 30673 of 2024 on the file of the High Court. Between: Mosya Bujjibabu, C/o. Mosya Manikyam, aged 36 years, R/o. 3-77, Mala Singaram, Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh- 531149. ...APPELLANT/PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Tribal Welfare Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The State of Andhra Pradesh, rep. by its Principle Secretary, Department of Animal Husbandary, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 3. The Project Officer of Integrated Tribal Development Agency (I.T.D.A), Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 4. The District Collector, Alluri Seetharamaraju District, Andhra Pradesh. ' 5. The Special Deputy Collector Cum District Revenue Officer, Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 6. The Revenue Divisional Officer, Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 7. The Tahsildar of Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh. ii r 8. The Assistant Director (A.H), Veterinary Hospital, Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh. 9. Petteli Dasbabu, (Sarpanch) S/o Buddu, R/o. Pedalabudu village post, Aaraku valley mandalam, Alluri Seetharamaraju District-531149 ...RESPONDENTS and f. 4 * * lA NO: 1 OF 2Q2fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order Dt. 30673 of 2024. Counsel for the Appellant: M/s. NALLANAGULA LALITHA SREE Counsel for the Respondent Nos.1 & 3: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent Nos.4 to 7: GP FOR REVENUE Counsel for the Respondent Nos.8 & 9:--- The Court made the following: JUDGMENT praying that in the circumstances 23/01/2025 in WP No. APHC010071572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / ■' [3508] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 123/2025 Between: ...APPELLANT Mosya Bujjibabu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Appellant: 1.NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1.GP FOR ANIMAL HUSBANDARY 2.GPFOR REVENUE 3.GP FOR SOCIAL WELFARE The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The District Collector, A.S.R. District, had allotted Ac.0.06 cents of Gramakantham land in Araku Valley Village to the Gram Panchayat for the of construction of shops, which would be allotted to educated purposes unemployed Scheduled Tribe youth for their livelihood, which would also generate revenue for the Gram Panchayat. After the allotment of this land in 2 RRR,i &. MRK:^ W.A.No.l23of2025 Sy.No.43-1, the Panchayat had taken up construction of the said commercial building. At that stage, the appellant herein approached this Court by way of W.P.No.30673 of 2024, contending that the Gram Panchayat is encroaching into the neighboring plot of land of the Animal Husbandry Department. Consequently, the said construction requires to be stopped. A learned Single Judge, of this Court, by an Order, dated 23.01.2025, had dismissed the Writ Petition, after perusing the written instructions of the Tahsildar of the said Mandal. In these written instructions, it was stated that there was some encroachment by a private individual against whom a compliant had been moved by the Assistant Director, Animal Husbandry Department, Araku Valley before the Station House Officer, Araku Valley. 2. The Written Instructions further state that the veterinary hospital of the Animal Husbandry Department and the Gramakantham land in which the shopping complexes are sought to be constructed are adjacent to each other and the land had been allotted to the Gram Panchayat essentially to protect it from encroachments. Apart from this, the generation of revenue for the Gram Panchayat by allotting the shops to educated unemployed Scheduled Tribe youth, would be beneficial for the people of the Area. 3. 4. Aggrieved by this order, the appellant has moved the present Writ Appeal, contending that the complaints given by the Assistant Director, Animal Husbandry Department, to the Revenue Authorities and to the Station House Officer, Araku Valley, would be sufficient to show that the Gram Panchayat, 3 RRRJ & MRK,J W.A.No.123 of 2025 constructing shopping complexes, is encroaching into the under the guise of land of the veterinary hospital. 5. The material produced by the appellant would only go to show that complaints have been filed against a private individual, regarding to the Animal Husbandry Department. There between this private individual and the some encroachment of land belonging does not appear to be any connection Gram Panchayat. is made out for interference by this In these circumstances, no case is 6. Court. Accordingly, this Writ Appeal is dismissed. There shall be no order as to 7. costs. shall stand sequel, pending miscellaneous applications, if any As a closed. / //TRUE COPY// sect\on officer To 1 One CC to M/s. Nallanagula Lalitha Sree, Advocate [OPUC] for Social Welfare, High Court of Andhra Pradesh. 2. Two CCs to GP [OUT] 3. Two CCs to GP [OUT] 4. Two CCs to GP for Revenue 5. Three CD Copies. for Animal Husbandary, High Court of Andhra Pradesh. High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:18/02/2025 JUDGMENT ANISS}^ WA.No.123 Of 2025 0 7 MAH 2075 r73: . Current Section * ^ DISMISSING THE W.A. WITHOUT COSTS