APHC010117672018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5754/2018 Between: 1. MORTHA KONDAIAH / KONDA,, S/O. LATE NOOKARAJU, AGED 60 YEARS, HINDU, OCC. BUSINESS, R/O. DOOR NO.3-79, MARRIPALEM VILLAGE, NATHAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 3. THE TAHSILDAR NATHAVARAM, NATHAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, NARSIPATNAM, VISAKHAPATNAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, NATHAVARAM POLICE STATION, VISAKHAPATNAM DISTRICT. 6. MORTHA NAGARAJU, S/O. LATE NOOKARAJU, AGED 57 YEARS, HINDU, OCC. BUSINESS, R/O. DOOR NO.3-79, MARRIPALEM VILLAGE, NATHAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 7. MORTHA CHITTBABU, S/O. LATE NOOKARAJU, AGED 55 YEARS, 2 HINDU, OCC. BUSINESS, RIO. DOOR NO.3-79, MARRIPALEM VILLAGE, NATHAVARAM MANDAL, VISAKHAPATNAM 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 toto issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 2nd Respondent in R.C.No.173/2017/I, dt. 06-04-2017, thereby cancelling the house site patta issued in the name of the mother of Petitioner and Respondents No.6 and 7 who is Late Mortha Singamma and directing the 3rd Respondent to issue D- Form patta in the names unofficial Respondents No.6 and 7 over the thatched house property existing in an existing of Ac.0.05 cents in Sy.No.328-2A, with Assessment No.391 situated at Marripalem Village, H/o. Y.D.Peta Village, Nathavaram Mandal as arbitrary, unreasonable, unlawful and against the principles of natural justice and violating the fundament3I rights of the petitioners under Article 300-A of the Constitution elide and consequently declare the interference of the Respondents No.2 to 5 lie ilhaidied house site in an extent of Ac.0.05 cents in Sy.No.328-2A, with ausessment No 391 situated at Marripalem Village, H/o. Y.D.Peta Village, Nathavaram Handal in order to dispossess the Petitioners from the said land as unlawful, highhanded, illegal, and violation of Fundamental Rights, in the interest of justice and to pass IA NO: 1 OF 2018 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 No.2 to 5 not to interfere over thatched house existing in an extent of Ac.0.05 cents in Sy.No.328-2A, with Assessment No.391 situated at Marripalem Village, H/o. Y.D.Peta Village, Nathavaram Mandal, in the interest of justice pending disposal of the writ petition and to pass IA NO: 2 OF 2018 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 No.2 and 3 not to issue house site patta in the name of Respondents No. 6 and 7 over an extent of Ac.0.05 cents in Sy.No.328-2A, with Assessment No.391 situated at Marripalem Village, H/o. Y.D.Peta Village, Nathavaram Mandal in the interest of justice, pending disposal of the writ petition and to pass 3 IA NO: 1 OF 2019 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 dated 23.01.2018 in IA.No. 2/2018 in WP.No.5754/2018. Counsel for the Petitioner: 1. P RAJESH BABU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR ASSIGNMENT (AP) The Court made the following ORDER: Learned counsel for the petitioner submits that the cause in the writ petition does not survive for consideration. Recording the submission of learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 21.01.2026 KAS 4 159 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5754/2018 Dated: 21.01.2026 KAS