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2026 DAILYLAW 15670 (AP)

Gulivindala Appalasuri v. The State of Andhra Pradesh

WP/30591/2013 · 2026-01-29

Gannamaneni Ramakrishna Prasad

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Judgment text

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1 APHC010039502013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30591/2013 Between: 1. GULIVINDALA APPALASURI, S/O.APPLANAIDU AGED 66 YEARS, OCC:COOLI R/O.H.NO.14-14-19/ 2, BHANOJI THOTA, PEDAGANTYADA, GAJUWAKA MANDAL, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT SECRETARIAT, HYDERABAD REP.BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE TAHSILDAR, GAJUWAKA MANDAL, VISAKHAPATNAM. 4. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM, 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 toto issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in threatening to demolish the House of the petitioner to dispossess the petitioner from it without issuing prior notice is illegal, arbitrary, violative of principles of natural justice besides contrary to the constitutional guarantees and to consequently direct the respondents not to interfere with the petitioner's house bearing 2 .H.No.14-14-19/2, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam IA NO: 1 OF 2013(WPMP 37985 OF 2013 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 respondents not to interfere with the petitioner's house bearing H.No.14-14-19/2, situated in an extent of 90 Sq.Yards in Sy.N0.86, T.D.22, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam pending disposal of the writ petition Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT 2. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 3. GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri G.Sai Deep, learned Counsel appearing on behalf of Sri V.V.Satish, learned Counsel for the Writ Petitioner and Sri B.Ramesh, learned Assistant Government Pleader for Revenue. 2. The main prayer sought in the present Writ Petition is as under: “For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in threatening to demolish the House of the Petitioner to dispossess the Petitioner from it without issuing prior notice is illegal arbitrary, violative of Principles of natural justice besides contrary to the constitutional guarantees and to consequently direct the respondents not to interfere with the petitioner’s house bearing No.14-14-19/2, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, 3 Visakhapatnam and to pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. It is the claim of the Petitioner that he resides in House bearing No.14- 14-19/2, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam. On verification of the documents filed along with the Writ Petition, this Court has not been able to infer through any of the documents herein that the Petitioner is, in fact, residing in any dwelling which has House bearing No.14- 14-19/2, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam. The document in page No.10 of the Writ Petition is only a receipt of registration of a complaint of the Petitioner, which has the name of the Petitioner, the name of his father and the House number, but the receipt issued by the Government for registration of a complaint, perse, does not confer any right on the Petitioner to claim ownership. All the other documents filed along with the Writ Petition including the House tax receipts relate to the House No.15-70, but not House No.14-14-19/2. The House tax receipts do not even indicate whether the House No.15-70 is situated in Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam. 4. This apart, on the last occasion, this Court has directed the parties to obtain instructions. On 28.01.2026, Sri A.S.C.Bose, learned Standing Counsel for the respondent No.4 furnished the written instruction issued by the Assistant City Planner, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation and it would indicate that a person by name Mulagapati Srinivasa Raju is residing in D.No.14-14-19/2 situated in Bhanoji Thota locality and the said dwelling is not sold by the petitioner. 5. It is noted that Sri Sai Deep, learned Counsel for the Petitioner has drawn the attention of this Court to patta No.185/702, dated 20.03.1968 and would submit that the petitioner has been granted Mango groove of an extent of Ac.6.3/4 cents (Ex.P4). This Court has perused the same. Even this document neither has any seal of any authority nor mention of any survey number. On the face of it, it appears very doubtful about the genuinity of Ex.P4 4 dated 20.03.1968. In any case this does not relate to any property or dwelling situated in House No.14-14-19/2, Bhanoji Thota, Pedagantyada, Gajuwaka Mandal, Visakhapatnam. 6. Having considered the above facts, this Court is of the opinion that there is no merit in the present Writ Petition. 7. Accordingly, the Writ Petition is dismissed as being devoid of any merit. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:30.01.2026 sj 5 109 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30591/2013 Dt:30.01.2026 sj