Dismissed

Zilla Prabhakara Rao v. The State of Andhra Pradesh

Andhra Pradesh HC4 Sept 2023WP/12869/2023

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus under Article 226 to prevent interference with land possession. On the day of hearing, counsel for the petitioner sought permission to withdraw the writ petition with liberty to pursue alternative remedies. The High Court of Andhra Pradesh: Amaravati granted the prayer.

What did the court decide?

Permission accorded to withdraw the writ petition with liberty to avail alternative remedies.

Zilla Prabhakara Rao Vs The State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THE FOURTH DAY OF SEPTEMBER
THOUSAND AND TWENTY THREE
b
iO
PRESENT, W
' I • ■ V

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MONDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 12869 OF 2023

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Between: <// Zilla Prabhakara Rao, S/g Nagabhushanam, /^ge 51 years, R/o DNo 6-3-256/1, Sattenapalli Road, NarasaraopetTpwn, Paladu, District.

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...PETITIONER

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AND

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1. The State pf Andhra Pradesh, Rep. by its Principal Secretary, Endowment Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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I TheThe Tahsildar,Executive Officer,TadepalliUndavalliMandalGroupGunturTemples,District. Undavalli, Guntur District. I ...RESPONDENTS

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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 to issue an appropriate writ, order or direction more particularly one in the nature of WRIT of MANDAMUS aggrieved by the action of the Respondents . in interfering with Petitioner's peaceful possession, ownership and enjoyment of the land to an extent of Ac 0.30 cents, situated in Sy No 111 of Undavelli village, Tadepalli Mandal, Guntur District without issuing any prior notice and without following any procedure under law which is highly illegal, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 300-A, 14 and21 pf Constitution of India and consequently direct the respondents not to interfere with Petitioner's peaceful possession, ownership and enjoyment of the land in an extent of Ac 0.30 cents, situated in Sy No 111 of Undavelli village, Tadepalli Mandal, Guntur District.

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1 lA NO: 1 OF 2023 I

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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 and not to dispossess the Petitioner from his peaceful possession, ownership and enjoyment of the land in an extent of Ap 0.30 cents, situated in Sy No 111 of Undavelli village, Tadepalli Mandal, Guntur District, pending disposal of the above writ petition.

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lA NO: 3 OF 2023

Between:

The Executive Officer, Undavalli Group Temples, Undavalli, Guntur District.

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...Petitioner/Respondent No.3

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AND

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1. Zilla Prabhakara Rao, S/o Nagabhushana Rao, Age 51 years, R/o DNo 6-3256/1, Sattenapalli Road, Narasaraopet Town, Paladu, District.

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... Respondent/Petitioner

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2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowment Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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3. The Tahsildar, Tadepalli Mandal, Guntur District.

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...Respondents/Respondents Ns. 1 & 2

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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 order dated 12-05-2023 in WP no. 12869 of 2023.

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Counsel for the Petitioner(s): SRI. GINJUPALLI SUBBA RAO

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Counsel for the Respondent No.1 : GP FOR ENDOWMENTS

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Counsel for the Respondent No.2 : GP FOR REVENUE

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Counsel for the Respondent No.3 : M/S. KIRTHI TEJA KONDAVEETI

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON’BLE SRI JUSTICE I^UBBA REDDY SATTI

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WRIT PETITION No. 12869 OF 2023

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ORDER:

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Sri P.Nagaraju, learned counsel representing Sri G.Subba Rao, learned counsel for the petitioner seeks permission to . I' withdraw the present writ petition with a liberty to avail other

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alternative remedy.}

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Permission is accorded.

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Il ii Accordingly, ; this Writ Petition is dismissed as

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withdrawn giving liberty to the petitioner to avail alternative

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remedies. No order as to costs.

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As a sequel, all the pending miscellaneous petitions shall

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stand closed.

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i' SD/- G. HELA NAIDU ASSISTANT REGISTRAR I' ! T^^fepi^R //TRUE COPY//

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To, 1. One CC to SRI. GINJUPALLI SUBBA RAO Advocate [OPUC] 2. Two CCs to GP FOR ENDOWMENTS. High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 4. One CC to M/S KIRTHI TEJA KONDAVEETI Advocate [OPUC] 5. Three CD Copies Mgdhu s (

HIGH COURT

DATED:04/09/2023

ORDER

WP.No.12869 of 2023

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DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS

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1 6 OCT 2023 m

Zilla Prabhakara Rao v. The State of Andhra Pradesh

Case brief

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Zilla Prabhakara Rao v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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