APHC010281932021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16448/2021 Between: 1. PADAVALA KARUNA KUMAR,, S/O VENKATESHWARA RAO, AGED 37 YEARS, R/O 3-24, YANAMANAKUDURU, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY (PANCHAYATHRAJ DEPARTMENT) SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, , KRISHNA DISTRICT AT MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE AMARAVATHI METROPOLITAN REGION DEVELOPMENT AUTHORITY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS COMMISSIONER. 4. THE GRAMPANCHAYATH, MADDURU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY. 5. KIRAN, , S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC- PANCHAYATH SECRETARY, MADDURU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. .. ...RESPONDENT(S): 2 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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent no 4 in interfering with the possession as well as with the ingress and egress to the property of the petitioner in Plot No. 63 in Survey Number 106/3 to 106/12 of Madduru Village, Kankipadu Mandal, Krishna District, Andhra Pradesh in an extent of 135 Square Yards covered under Document No. 1926/2019 dated 18.03.2019 without there being any cause further pending Lay Out Regularisation (LRS)application of the petitioner dated 31.12.2020 as per the GO Ms No. 10 MA and OD Dept dated- 08.01.2020 as illegal, arbitrary and also oppose to all cannons of justice as well as oppose to Article 300-A of the Constitution of India, consequentially direct the respondent no. 4 and 5 herein not to interfere with the property of the petitioner in Plot No. 63 in Survey Number 106/3 to 106/12 of Madduru Village, Kankipadu Mandal, Krishna District, Andhra Pradesh in an extent of 135 Square Yards covered under Document No. 1926/2019 dated 18.03.2019 IA NO: 1 OF 2021 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 direct the respondent no. 4 and 5 herein not to interfere with the property of the petitioner in Plot No. 63 in Survey Number 106/3 to 106/12 of Madduru Village, Kankipadu Mandal, Krishna District, Andhra Pradesh in an extent of 135 Square Yards covered under Document No. 1926/2019 dated 18.03.2019 pending disposal of the above writ petition IA NO: 2 OF 2021 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 dated 13.08.2021 in I.A.No.1 of 2021 in W.P.No. 16448 of 2021 of 2021 and pass IA NO: 3 OF 2021 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 dated 13.08.2021 passed in W.P. No. 16448/2021 and dismiss the writ petition Counsel for the Petitioner: 3 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 ORDER: To declare the action of the 4th respondent in interfering with the petitioner’s possession as well as with ingress and egress to Plot No.63 in Survey Nos.106/3 to 106/12 of Madduru Village, Kankipadu Mandal, Krishna District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. Learned Assistant Government Pleader, on the counter, and learned Standing Counsel, on latest instructions, have collectively submitted that the Gram Panchayat is not interfering with the subject property, as alleged by the petitioner. 4. Learned counsel for the petitioner requested this Court to record the said instructions and prayed to dispose of the writ petition. 5. Keeping in view the facts and circumstances, since the authorities are not interfering, there is no purpose in keeping the writ petition pending; as such, this Court is inclined to dispose of the writ petition by passing the following order. “The respondents are directed not to interfere with the subject property except under due process of law.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06.01.2026. JLV 6 393 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16448/2021 Date: 06.01.2025. JLV