Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7554 (AP)

YERNENA PRAKASA RAO v. THE STATE OF AP

WP/4101/2024 · 2025-06-29

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010076462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOUFtABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA i.A. No.1 OF 2n?fi IN/AND WRIT PETITION NO: 4101 OF 2024 I.A. No.1 OF 2n?fi Between: !. Yernena Prakasa Rao, S/o. Yemana Appalnaidu R/o. 1-27.NiddamPost, Srikakulam-532148 2. Yernena Adinarayana, S/o. Yemana Appalnaidu. A ju' Railway Colony, Snigavarapukota, Andhra Pradesh. Aged about 62 years, Andhra Pradesh. Aged about 72 years, Vizainagaram-535145. ...Petitioners/Writ Petitioners AND Pradesh, Rep. by its Principal Secretary, Revenue Departrnent Secretarrat Building, Velagapudi, Amaravati. 2. The District Collector, Vishakapatnam, Andhra Pradesh. A Divisional Officer, Visakhapatnam, ^ 4. The Tahsildar, Visakhapatanam. Andhra Pradesh. 5. K. Sundara Raju, S/o. Krishnam Raju Colony, Visakhapatnam. 6. K. Kalyan, S/o. K. Sundara Raju, R/o. Plot No.880 Visakhapatnam. Andhra Pradesh. R/o. Plot No.880, Sector 6, MVP Sector 6, MVP Colony, ...Respondents/Respondents Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court allow the Petitioners herein to withdraw the of 2024. praying that in the circumstances stated may be pleased to present Writ Petition WP No.4101 WRIT PETITION NO: 4101 OF 2024 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 direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents particularly the 4“^ Respondent in mutating the lands in Sy. No. 296 4/B to extent of Ac. 3.82 cents in favour of the Unofficial Respondents as illegal. more an improper, unjust, arbitrary and against the principles of natural justice, i contravention to the Provisions in of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to dispossess the Petitioners from their land admeasuring Ac. .5.00 cents in Sy. No. 296/4, situated at Madhurvada Village of Visakhapatnam being the legal heirs of the original assignee as per D-Form patta granted vide proceedings bearing Rc. No. 4865/78 dated 25.09.1979. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere with Petitioners possession and enjoyment of the land admeasuring Ac. 5.00 cents in Sy. No. 296/4, situated at Madhurvada Village of Visakhapatnam in any fcmn including changing nature of the land pending disposal of the above writ petition. lA NO: 2 OF 2024 Between: 1. K. Sundara Raju, S/o. Krishnam Raju, R/o. Plot No.880, Sector 6, MVP Colony, Visakhapatnam. 2. K. Kalyan, S/o. K. Sundara Raju, R/o. Plot No.880, Sector 6, MVP Colony, Visakhapatnam. ...Petitioners/Respondents 5 & 6 / AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati. 2. The District Collector, Vishakapatnam, Andhra Pradesh. 3. The Revenue Divisional Officer, Visakhapatnam, Andhra Pradesh. 4. The Tahsildar, Visakhapatanam, Andhra Pradesh. ...Respondents/Respondents 5. Yernena Prakasa Rao, S/o. Yemana Appalnaidu, Aged about 62 years, R/o. 1-27,NiddamPost, Srikakulam-532148, Andhra Pradesh. 6. Yernena Adinarayana, S/o. Yemana Appalnaidu, Aged about 72 years, II. No. 24-17, Railway Colony, Snigavarapukota, Vizainagaram-535145. Andhra Pradesh. ...Writ Petitioners/Respondents 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 vacate the interim order of status quo dated 14.02.2024 passed in I.A.No.1 of 2024 in W.P.No.4101 of 2024. lA NO: 3 OF 2024 Between: The Tahsildar, Visakhapatanam, Andhra Pradesh. ...Petitioners/Respondents -4 in WP No.4101 of 2024 AND 1. Yernena Prakasa Rao, S/o. Yemana Appalnaidu, Aged about 62 years, R/o. 1-27,NiddamPost, Srikakulam-532148, Andhra Pradesh. 2. Yernena Adinarayana, S/o. Yemana Appalnaidu, Aged about 72 years, II. No. 24-17, Railway Colony, Snigavarapukota, Vizainagaram-535145. Andhra Pradesh. ...Respondents/Petitioners in WP.No.4101 of 2024 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati. 4. The District Collector, Vishakapatnam, Andhra Pradesh. 5. The Revenue Divisional Officer, Visakhapatnam, Andhra Pradesh. 6. K. Sundara Raju, S/o. Krishnam Raju, R/o. Plot No.880, Sector 6, MVP Colony, Visakhapatnam. 7. K. Kalyan, S/o. K. Sundara Raju, R/o. Plot No.880, Sector 6, MVP Colony, Visakhapatnam. ...Respondent/Respondents 1-3, 5-6 (Respondents 3-7 are formal party in this petition) 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 vacate the interim orders in dated 14-02-2024 passed in WP No. 4101 of 2024 and dismiss the writ petition. lA NO: 4 OF 2024 Petition under Section 148 R/w 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Extended the Interim Orders in I.A.No 1 of 2024 in WP4101 of 2024 Dated 21.2.2024. Counsel for the Petitioners : SRI S. SRINIVASA RAO Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : SRI AJAY KUMAR KANAPARTHI The Court made the following; ORDER 7 APHC010076462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) EjilH [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2025 in/and WRIT PETITION NO: 4101/2024 Between: 1.YERNENA PRAKASA RAO, S/0. YEMANA APPALNAIDU ABOUT 62 YEARS, R/0. L-27,NIDDAMPOST, SRIKAKULAM-532148, ANDHRA PRADESH. AGED 2.YEMENA ADINARAYANA S/0. YEMANA APPALNAIDU, AGED II. NO. 24-17, RAILWAY COLONY, ABOUT 72 YEARS, SNIGAVARAPUKOTA, VIZAINAGARAM-535145 ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATI. SECRETARIAT BUILDING, 2.THE DISTRICT COLLECTOR, VISHAKAPATNAM, PRADESH. ANDHRA 3.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, ANDHRA PRADESH. 4.THE TAHSILDAR, VISAKHAPATANAM, ANDHRA PRADESH. 5.K SUNDARA RAJU, S/0. KRISHNAM RAJU, SECTOR 6, MVP COLONY, VISAKHAPATNAM. R/0. PLOT NO.880 6.K KALYAN, S/0. K. SUNDARA RAJU, R/0. PLOT NO.880, SECTOR 6, MVP COLONY, VISAKHAPATNAM. ...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 Writ of Mandamus to declare the action of the Respondents particularly the 4th Respondent in mutating the lands in Sy. No. 296 4/B to extent of Ac. 3.82 cents in favour of the Unofficial Respondents as illegal, improper, unjust, arbitrary and against the principles of natural justice, in contravention to the Provisions (Prohibition of Transfers) Act, 1977 and Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to dispossess the Petitioners fiom their land admeasuring Ac. .5.00 cents in Sy. No. 296/4, situated at Madhurvada Village of Visakhapatnam being the legal heirs of the original assignee as per D-Form patta granted vide proceedings bearing Rc. No. 4865/78 dated 25.09.1979 and pass lA NO: 1 OF 2024 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 leased to direct the Respondents not to interfere with Petiticmers and enjoyment of the land admeasuring Ac. 5.00 cents in Sy. No. 296/4, situated at Madhurvada Village of Visakhapatnam in any fcmn including changing nature of the land pending disposal of the above writ petition and pass lA NO: 2 OF 2024 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 VACATE the interim order of status quo dated 14.02.2024 passed in I.A.No.1 of 2024 in W.P.No.4101 of 2024, and pass lA NO: 3 OF 2024 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 vacate the interim orders in dated 14-02-2024 passed in WP No. 4101 of 2024 and dismiss the writ petition and pass an of Andhra Pradesh Assigned Lands possession lA NO: 4 OF 2024 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 Extended the Interim Orders in I.A.No 1 of 2024 in WP 4101 of 2024 Dated 21.2.2024 and pass lA 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 allow the Petitioners herein to withdraw the present Writ Petition WP No.4101 of2024and pass Counsel for the Petitioner(S): 1.S SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.AJAY KUMAR KANAPARTHI The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2025 in/and WRIT PETITION NO: 4101/2024 COMMON ORDER: 1. I.A.No.1 of 2025 is filed by the petitioners seeking to grant leave to withdraw the present Writ Petition. 2. Permission as sought for is accorded. Accordingly, I.A.No.1 of 2025 is allowed. Consequently, the Writ 3. Petition is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To ii 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati. 2. The District Collector, Vishakapatnam, Andhra Pradesh. 3. The Revenue Divisional Officer, Visakhapatnam, Andhra Pradesh. 4. The Tahsildar, Visakhapatanam, Andhra Pradesh. 7. One CC to Sri S. Srinivasa Rao, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh at Amaravati [OUT] 9. One CC to Sri Ajay Kumar Kanaparthi, Advocate [OPUC] 10.One CC to M/s. Aishwarya Nagula, Advocate (OPUC) 11. Two CD Copies Cnr HIGH COURT DATED:30/06/2025 ORDER I.A. No.1 of 2025 In/and WP 4101/2024 10 JUL 20® €! <sy m Co ALLOWING THE I.A. No.1 of 2025 DISMISSING THE W.P AS WITHDRAWN WITHOUT COSTS