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High Court of Andhra Pradesh · body

2025 DAILYLAW 9613 (AP)

T MOHAN v. THE STATE OF ANDHRA PRADESH

WP/5294/2023 · 2025-01-24

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH l; AMARAVATI (Special Original Jurisdiction) ^ FRIDAY, THE TWENTY FOURTH DAY OF JANUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5294 OF 2023 F O m i'/o T>M Between: 1. T. Mohan, S/o. Late T. Muni Krishna, Aged 45 years, R/o. H.No.2-2-209, Chinthakayala Street, Tirupati Town, Tirupati District Sheik Shabbar Basha, S/o. Shaik Silar Saheb, H.N0.16-228-31-4A, B. Kothakota Village and Mandal, Annamayya District 2. Aged 35 years, R/o. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat Velagapudi, Amaravathi, Guntur District The District Collector, Tirupathi District, Tirupathi The Tirupati Municipal Corporation, Rep. by its Commissioner, The Tahsildar, Tirupati Urban Mandal, Tirupati District at 2. 3. Tirupati 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction may more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent herein in trying to form road / trying to dispossess the Petitioners from their lands extent of Ac.0.45 cents in Sy.No.151/7 and Ac.0.71 cents in Sy.No. 151/8 of Koramenugunta Village lands (Akkarampalli Village lands), Tirupati Urban Mandal, Chittoor District, now in Tirupati District without following due of law is illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the 3rd Respondents not to dispossess / lay road in the above Petitioners lands without following due process of law. an process lA NO: 1 OF 2023 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 3rd Respondent not to interfere, dispossess, lay the road in Petitioners lands an extent of Ac.0.45 cents in Sy.No.151/7 and Ac.0.71 cents in Sy.No. 151/8 of Koramenugunta Village lands (Akkarampalli Village lands), Tirupati Urban Mandal, Chittoor District without following due process of law pending disposal of the Writ Petition. now in Tirupati District lA NO: 2 OF 2023 Between: The Tahsildar, Tirupati Urban Mandal, Tirupati District Petitioner/Respondents 4 in WP.No.5294/2023 AND 1. T. Mohan, S/o. Late T. Muni Krishna, Aged 45 years, R/o. H.No.2-2-209, Chinthakayala Street, Tirupati Town, Tirupati District 2. Sheik Shabbar Basha, S/o. Shaik Silar Saheb, Aged 35 years, R/o. H.No.16- 228-31-4A, B. Kothakota Village and Mandal, Annamayya District Respondent/Petitioner in WP.No. 5294/2023 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District The District Collector, Tirupathi District, Tirupathi The Tirupati Municipal Corporation, Rep. by its Commissioner, Tirupati Respondents/Respondents 1,2,4,7 in WP.No. 5294 of 2023 (Respondents 3 to 5 are formal party in this petition) I 4. 5. 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 vacate the interim orders on 02-03-2023 in lA No. 01 of 2023 in WP No. 5294 of 2023 and further prayed dismiss the writ petition. Counsel for the Petitioner(s):SRI G RAMESH BABU Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondents No.2,4: GP FOR REVENUE Counsel for the Respondent No.3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION) The Court made the following: ORDER 1 % APHC010105642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 0S5 FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE f PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5294/2023 Between: ...PETITIONER(S) T Mohan and another AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.G RAMESH BABU Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: ? / 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; to issue a writ order or direction more particuiarly one in the the action of the 3"^ f nature of Writ of Mandamus declaring Respondent herein in trying to form road / trying to dispossess the petitioners from their lands an extent of Ac-0.45 cents in Sy. No. 151/7 and Ac-0.71 cents in Sy.No. 151/8 of Koramenugunta Village lands (AkkarampaUi Village lands), Tirupati Urban Mandal, Chittoor District, now in Tirupati District without following due process of law is illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the 3^" Respondent not to dispossess / lay road in the above petitioners’ lands without following due process of law... ” Today, when the matter is taken up for hearing, learned counsel for the this Court that, pending the writ petition, the respondents land. As such, the learned withdraw the writ petition with a liberty to avail 2. petitioners informed have already laid the road across the petitioners’ counsel requested this Court to the remedies available to the petitioners. Permission is accorded. Accordingly, this Writ Petition is dismissed as withdrawn granting liberty prayed for. There shall be no order as to costs. Miscellaneous petitions pending, if any, 3. 4. as in this Writ Petition shall stand closed. ION OFFICER //true copy// SE To, 1. OneCCto SRI G. RAMESH BABU, Advocate [OPUC] Two CCS to GP FOR MUNCIPAL ADMN URBAN DEVELOPMENT, High Court Of Andhra Pradesh. [OUT] Two CCS to GP FOR REVENUE DEVELOPMENT, High Court Of Andhra ^ Pradesh. [OUT] OneCCto SRI. A.S.C.BOSE, Advocate (SC FOR MUNICIPAL CORPORATION) [OPUC] Three C.D.Copies nm HIGH COURT DATED;24/01/2025 ORDER WP.No.5294 of 2023 gfandhSJ^ S’ 2‘| MAR 2025 ^ . Current becuon a DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS