Disposed

Dasari Ramakrishna, v. The State of Andhra Pradesh

Andhra Pradesh HC22 Dec 2023WP/38597/2012

Case brief

AI extract

What is this about?

Petitioners challenged the digging of a water tank extension that allegedly disrupted their ingress and egress, contesting it under Article 226. The respondent stated the work was completed years ago. The court held nothing survived and disposed of the petition.

What did the court decide?

The Writ Petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.

Dasari Ramakrishna, Vs The State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT1,

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO: 38597 OF 2012

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Between:

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Dasari Ramakrishna, S/o. late Basavana, Aged 55 years, R/o. Ajjamuru (V) Akiveedu Mandal, West Godavari Ditrict

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Chelamkuri Mangamani, W/o. late Nageswara Rao, C/o. Perikala Gangaiah, Aged 50 yesmi, R/o. Cherukuwada, Undi Mandal, West^{GodavariDistrict}

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Singuluri Anjayya, S/o. Bapanna, Aged 70 years, R/o. Ajjamuru Village, Akiveedu Mandal, West Godavari District.

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Rep. by the Collector, West Godavari District, Eluru

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The Tahsildar, Akiveedu Mandal, Akiveedu, West Godavari^District

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The Gram Panchayat, Ajjamuru Village, Akiveedu Mandal,^WestGodavari District Rep. by its Secretary

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The Extension Officer, Panchayat Raj and Rural Development and Special Officer, Gram Panchayat, Ajjamuru, Akiveedu Mandal,^{WestGodavariDistrict.}

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...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 a Writ Petition of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondent; 3 and 4 in getting the Puntha way dug in the name of extending the drinking^{watertanksituatedonthe} western side of the lands of the petitioners 1 and^{2situatedinR.S.Nos.26/1and} 28/4 and RS.Nos.27/4 and 28/5 and the residtential house of the 3rd petitioner bearing Assessment No. 120 of Ajjamuru Village, Akiveedu Mandal, West Godavari District as illegal, arbitrary, unreasonable^and violative of Articles 14 and 21 of the Constitution of India and violative of the Principles of Natural Justice and consequently direct the Respondents 3 and^{4nottoresorttosuch} action.

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I.A. NO: 1 OF 2012(WPIVIP. NO: 48950 OF 2012)

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Petition under Section 151 CPC praying that in the circumstances

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staged in the affidavit filed in support of the writ petition, the High Court may be

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^’pleased to stay of digging of Puntha Way by the respondents 3 and 4 in the y^arfre''©f extending the drinking water tank situated^{onthewesternsideofthe} 26/1 and 28/4 and

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.■u i^nddv of the petitioners 1 and 2 situated in R.S.Nos. ‘ Nos.27/4 and 28/5 and the residential house of the 3^^^ petitioner bearing " Assessment No. 120 of Ajjamuru Village, Akiveedu Mandal, West Godavari District pending disposal of the Writ Petition.

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Counsel for the Petitioner(s):SRI. P. DURGA PRASAD

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Counsel for the Respondents No.1,2,4: GP FOR REVENUE

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Counsel for the Respondent No.3: SRI. N. SRIHARI, SC FOR GRAM

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PANCHAYAT

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The Court made the following: ORDER

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/ /

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.38597 of 2012

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ORDER:

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The petitioners, who claim to be owners of land in

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Sy.Nos.26/1 & 28/4 in Ajjamuru Village, Akiveedu Mandal,

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West Godavari District, apart from the house site said to be owned by the 3^^ petitioner had approached this Court, by way of the present Writ Petition, with the complaint^thatthe respondent authorities were, in the name of extending the village tank, which is adjacent to the property of the • i petitioners, were excavating the bund of the said tank^and such excavation affected the right of ingress and eggress of the petitioners into their lands.

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The respondents have filed a counter affidavit stating that the said extension of the tank and the creation of a water way for the ingress of water into the tank^hadbeen completed in November, 2012 itself and as such, the petitioners would not have any further grievance in this regard.

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In view of the fact that the constructions, complained against, have already been completed 11 years

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back, nothing further would survive in this Writ Petition and

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accordingly, this Writ Petition is disposed of. There shall be

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no order as to costs.

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As a sequel, pending miscellaneous petitions, if

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any, shall stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR

SE OFFICER

To,

I Th^ Of Andhra Pradesh, West Godavari District, Eluru 2. The Tahsildar, Akiveedu Mandal, Akiveedu, West Godavari District GodavTriSicfPanchayat. Ajjamuru Village, Akiveedu Mandal,^West

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The Extension Officer, Panchayat Raj and Rural Development and Special c Panchayat, Ajjamuru, Akiveedu Mandal, Westv Godavari District. 5. One CC to SRI. P. DURGA PRASAD Advocate [OPUCl 6. One CC to SRI.N. SRIHARI, Advocate [OPUCl 8 Thr^^?n revenue, High Court of Andhra Pradesh [OUT] o. Three C.D.Copies

HIGH COURT

DATED:22/12/2023

ORDER

WP.No.38597 of 2012

DISPOSING OFTHE WP WITHOUT COSTS

Dasari Ramakrishna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dasari Ramakrishna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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