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2025 DAILYLAW 7608 (AP)

DASARI PRABHU DAS v. The State of Andhra Pradesh,

WP/4250/2025 · 2025-03-03

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAT]^,. (Special Original Jurisdiction) V MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE S PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4250 OF 2025 Between: Dasari Prabhu Das, S/o.Anandam, Aged about 72 years. Rtd. Govt Servant, R/o. 8-27, SC Colony, Yerrabalam, Nowluru (Rural), Mangalagiri, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner, AP Capital Regional Development Authority (APCRDA), Vijayawada, GUNTUR District. 3. The Deputy Collector, CRDA Unit-3 Office, Thulluru Mandal, Guntur District. 4. Dasari Sarojini, W/o. late Devadattam, Aged about 72 years, R/o. D.No.8-34, ward, SC Colony, Errabalem Village, Mangalagiri, Guntur District. ...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 to issue writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 2 respondents in considering my representation dated 31.10.2022, 04.10.2024 and 05.07.2024 as illegal and arbitrary and direct the 2"^^ and rd nd and 3 r 3'^'^ respondents to consider representations of the Petitioner within a specified time frame. 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 Respondents to dispose the rd nd and 3 pleased to direct the 2 representations of the petitioner, before them, till disposal of the main Writ Petition. Counsel for the Petitioner: SRI R.M.V.SUMANTH REPRESENTING SRI KUKKALA HANUMA CHAITANYA YADAV Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI BASAVESWARA RAO, REPRESENTING SMT.PRANATHI, SC FOR APCRDA Counsel for the Respondent No.4: The Court made the following: ORDER APHC010077732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^0 [3331] E>: MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4250/2025 Between: 1.DASARI PRABHU DAS, S/O.ANANDAM, AGED ABOUT 72 YEARS. RTD. GOVT SERVANT, R/0. 8-27, SC COLONY, YERRABALAM, NOWLURU (RURAL), MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, DEVELOPMENT, AMARAVATHI. 2.THE COMMISSIONER, AP CAPITAL REGIONAL DEVELOPMENT AUTHORITY (APCRDA), VIJAYAWADA, GUNTUR DISTRICT. 3.THE DEPUTY COLLECTOR, CRDA UNIT-3 OFFICE MANDAL, GUNTUR DISTRICT. THULLURU 4.DASARI SAROJINI, W/0. LATE DEVADATTAM. AGED ABOUT 72 YEARS, R/0. D.NO.8-34, WARD, SC COLONY, ERRABALEM VILLAGE, MANGALAGIRI, GUNTUR 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 to issue writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 2nd and 3rd respondents in considering my representation dated 31.10.2022, 04.10.2024 and 05.07.2024 SRS.J W.P.No.4250 of 2025 as illegal and arbitrary and direct the 2nd and 3rd respondents to consider representations of the Petitioner within a specified time frame 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 to direct the 2nd and 3rd Respondents to dispose the representation s of the petitioner, before them, till disposal of the main writ petition and to pass Counsel for the Petitioner: 1. KUKKALA HANUMA CHAITANYA YADAV Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondents 2 & 3 in considering the representations made by the petitioners dated 31.10.2022, 04.10.2024 & 05.07.2024, as illegal and arbitrary. 2. Heard Sri R.M.V. Sumath, learned counsel representing Sri K. Hanuma Chaitanya Yadav, learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development appeared for respondent No.1 and Sri G. Basaveswara Rao, learned counsel representing Smt. Pranathi, learned Standing Counsel appeared for respondents 2 & 3. The petitioner filed O.S.No.113 of 2019 on the file of learned Principal Junior Civil Judge, Mangalagiri for partition against respondent No.4 and two others in respect of ancestral properties bearing D.No.575C, 575D and 575E of Yerrabalem Village, Mangalagiri Mandal. The petitioner made several representations to respondents 2 & 3 not to pay annuity to respondent No.4. 3. SRS,J W.P.No.4250 of 2025 At the hearing, learned counsel for the petitioner would submit that in fact, the petitioner filed an interlocutory application in O.S.No.113 of 2019, requesting the Court to direct respondents 2 & 3 to deposit the amount to the credit of the suit and the same is pending consideration. Since the petitioner has already filed a suit in O.S. No. 113 of 2019 for partition and has also filed an I.A. before the Court, which is pending consideration, this Court is of the considered opinion that directing respondents 2 and 3 at this stage would multiply the proceedings. Apart from that the petitioner cannot prosecute proceedings parallelly. Respondents 2 and 3 will act as per the directions of the Civil Court. Thus, this Court does not find any merit in the writ petition and is liable to be dismissed. Given the facts and circumstances of the case, the Writ Petition is dismissed. No order as to costs. 4. 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Junior Civil Judge, Mangalagiri, Guntur District. 2. Dasari Sarojini, W/o. late Devadattam, Aged about 72 D.No.8-34, ward, SC Colony, Errabalem Village, Mangalagiri District. 3. One CC to Sri Kukkala Hanuma Chaitanya Yadav, Advocate 4. Two CCs to GP for Municipal Admn & Urban Development of Andhra Pradesh. [OUT] 5. One CC to Smt.Pranathi, SC for APCRDA. [OPUC] 6. Three CD Copies. years, R/o. , Guntur [OPUC] High Court gi V ■ HIGH COURT DATED:03/03/2025 ORDER WP.No.4250 of 2025 5*' 2 S MiH M?' g wineni sieetion DISMISSING THE WRIT PETITION WITHOUT COSTS