The Court dismissed the writ petition as it was rendered redundant due to a subsequent order in a related petition (WP No. 24966 of 2021), effectively closing the matter without costs.
Writ pet. closed; pending misc. petitions dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 10927 OF 2021
Between:
AND
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in interfering with peaceful possession and enjoyment of petitioners agricultural lands with an extent of Ac 0.63, 0.50, 0.77, 0.26, 0.30 and 0.18 respectively comprised in Sy.no 106-1,2,3, 103, and 103-2,6 of Narukuru Village, T.P Gudur Mandal, SPSR Nellore District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioners from their land with an extent of agricultural lands with an extent of Ac 0.63, 0.50, 0.77, 0.26, 0.30 and 0.18 respectively comprised in Sy.no 106-1,2,3, 103, and 103- 2,6 of Narukuru Village, T.P Gudur Mandal, SPSR Nellore District.
IA NO: 1 OF 2021
Petition under Section 151 CPC is filed 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 respondents not to dispossess the petitioners from their land with an extent of agricultural lands with an extent of Ac 0.63, 0.50, 0.77, 0.26, 0.30 and 0.18 respectively comprised in Sy.no 106-1,2,3, 103, and 103-2,6 of Narukuru Village, T.P Gudur Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI. SIVAPRASAD REDDY VENATI
Counsel for the Respondent No. 1: GP FOR PANCHAYAT RAJ RURAL DEV
Counsel for the Respondent Nos. 2 &4: GP FOR REVENUE
Counsel for the Respondent Nos. 3 &5: SRI. G VENKAT REDDY
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.10927 OF 2021
Between:
Petitioners
Versus
Respondents
Counsel for the petitioners : Sri V.Siva Prasad Reddy Counsel for respondent No.1 : GP for Panchayat Raj Counsel for respondent Nos.2 & 4 : GP for Revenue Counsel for respondent Nos.3 & 5 : Sri G.Venkata Reddy, G.Venkata Reddy, Reddy,
Sri G.Venkata Reddy, G.Venkata Reddy, Reddy, Standing Counsel
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction more particularly
Page 2 of 3
SRS, J W.P.No.10927 of 2021
one in the nature of Mandamus, declaring the action of respondents in interfering with peaceful possession and enjoyment of petitioners agricultural lands with an extent of Ac.0.63, 0.50, 0.77, 0.26, 0.30 and 0.18 respectively comprised in Sy.No.106-1, 2, 3, 103 and 103-2, 6 of Narukuru Village, T.P. Gudur Mandal, SPSR Nellore District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioners from their land with an extent of agricultural lands with an extent of Ac.0.63, 0.50, 0.77, 0.26, 0.30 and 0.18 respectively comprised in Sy.No.106-1, 2, 3, 103 and 103-2, 6 of Narukuru Village, T.P. Gudur Mandal, SPSR Nellore District and pass such other order or orders..."
Registry is directed to enclose a copy of the order dated 06.09.2023, passed by this Court in W.P.No.24966 of 2021.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
S/d- U. SRI DEV1. ASSISTAN~ EGISRKR S I/TRUE COPY// SECTI N OFFICER
To,
HIGH COURT
DATED:06/09/2023
ORDER
WP.No.10927 of 2021
J ;; of ANOHR.1
o s Nov 2023
S Current Section s
. OESPATCHEO
CLOSING THE WP WITHOUT COSTS
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.24966 OF 2021
Between:
... Petitioners
Versus
... Respondents
Counsel for the petitioners : Sri V.Siva Prasad Reddy Counsel for respondent Nos.1 to 3 : GP for Revenue
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction more particularly one in the nature of Mandamus, declaring the action of respondents in threatening to dispossess the petitioners without conducting enquiry on the objections filed by the petitioners pursuant to notice dated 06.10.2021 issued under Section 7 of the Land Encroachment Act, 1905 by the 3rd respondent is illegal, irregular, arbitrary and contrary to the provisions of AP Land Encroachment Act,
Page 2 of 6
SRS, J W.P.No.24966 of 2021
1905 and the rules framed thereunder and offends Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective lands mentioned in notice of the3rd respondent situated in Narukuru Village, Thotapalli Gudur Mandal, SPSR Nellore District and pass such other order or orders..."
Page 3 of 6
SRS, J W,P.No.24966 of 2021
are trying to dispossess the petitioners from their properties referred to supra. Hence, the writ petition.
Page 4 of 6
SRS, J W.P.No.24966 of 2021
SRS, J W.P.No.24966 of 2021
Page 5 of 6
are at liberty to file appeal before the competent authority, if petitioners are aggrieved.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
JUSTICE SUBBA REDDY SATTI
Date : 06.09.2023 TVN
2 provisions across 2 enactments
Aakula Jaya Kumar and four others
State of Andhra Pradesh and four others
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
