Disposed

Perumalla Devi Prasad Ramakrishna Mohan Gupta v. the State of Andhra Pradesh

Andhra Pradesh HC1 Sept 2023WP/4894/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging Endowment authorities' action to dispossess petitioners from a portion of land. The court directed the authorities not to interfere with possession without following due process and noted they must initiate proceedings if they claim title.

What did the court decide?

Directed the 5th respondent not to interfere with the petitioners' possession in respect of the land without following due process.

Perumalla Devi Prasad Ramakrishna Mohan Gupta Vs… — Property and Title | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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, -ov
I

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 4894 OF 2023

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Between:.

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1. Perumalla Devi Prasad Ramakrislina Mohan Gupta, S/o late Vanamaraju, age about 76 years, Occ. Business, R/o H.No.22-16-30, Vanamaraju Complex, Sunday Market, RH Road, Bhimavaram, West Godavari District.

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Perumalla WMSK. Akhil, S/o late Vanamaraju, age about 23 years, Occ. Business, R/o H.No.22-16-30, Vanamaraju Complex, Sunday Market, RH Road, Bhimavaram, 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 its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The Commissioner of Endowments, State of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

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The Deputy Commissioner/Regional Joint Commissioner, Endowments Department, Kakinada Region, Kakinada (East Godavari) District.

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The Assistant Commissioner/District Endowments Officer, Ayyagarivari street, Gunupudi, Bhimavaram, West Godavari District.

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Sri Venugopala swamyvari Devasthanam (Bethala mandiram), RH Road, Bhimavaram, West Godavari District, Rep. by its Executive Officer.

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The Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District.

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The Bhimavaram Municipality, Rep. by its Commissioner, Bhimavaram, West Godavari District.

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The Station House Officer, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District.

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Endowment authorities particularly the respondents 4 and 5 in trying to dispossess the petitioners from their respective property to an extent of Ac.00-03 -cents in RS.No.427/5, which is in front of house bearing D.No.22-16-30, admeasuring 288 sq. yards in RS.No.430/1A, situated at Thatavarthi street, RH.R-oad, Bhimavaram, West Godavari District, as illegal, arbitrary, violation of principles of natural justice and contrary to the provisions of the A.P.Charitable and Hindu Religious Institutions and Endowments, Act, 1987

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and consequently direct the Endowments authorities particularly the respondents 1 to 5 not to dispossess the petitioners from their respective property to an extent of Ac.00-03 cents in RS.Nd.427/5, which is in front of the house bearing D.No.22-16-30, admeasuring 288 sq. yards in RS.No.430/1A, situated at Thatavarthi street, RH.Road, Bhimavaram: West Godavari District.

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lA NO: 1 OF 2023

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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 1 to 5 not to dispossess the petitioners from their respective property to an extent of Ac.00-03 cents in RS.No.427/5, which is in front of the house bearing D.No.22-16-30, admeasuring 288 sq. yards in RS.No.430/1A, situated at Thatavarthi street, RH.Road, Bhimavaram, West Godavari District, pending disposal of the above writ petition.

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lA NO: 2 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 grant leave to the Respondent No.6 to file the counter affidavit in the above writ petition.

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Counsel for the Petitioner: SRI. K. V. L. NARASIMHA RAO

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Counsel for the Respondent Nos. 1 to 4: GP FOR ENDOWMENTS

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Counsel for the Respondent No.5: SRI K. SRINIVASU, SC FOR ENDOWMENTS

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.y';

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Counsel for the Respondent No.6: GP FOR REVENUE

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Counsel for the Respondent No.7: SRI. M. MANOHAR REDDY, SC FOR GRAM PANCHAYAT

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Counsel for the Respondent No.8: GP FOR HOME

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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 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.4894 OF 2023

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Between:

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Perumalla Devi Prasad Ramakrishna Mohan Gupta, S/o. late Vanamaraju, Aged about 76 years, Occ: Business, R/o. H.No.22-16-30, Vanamaraju Complex, Sunday Market, RH Road, Bhimavaram, West Godavari District and another. ... Petitioners

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi and seven (07) others. ... Respondents Counsel for the petitioners : Sri K.V.L.Narasimha Rao Counsel for respondent Nos. 1 to 4 : GP for Endowments Counsel for respondent Nos.5 : Standing Counsel Counsel for respondent No.6 : GP for Revenue Counsel for respondent No.7 : Standing Counsel Counsel for respondent No.8 : GP for Home

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ORDER

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This writ petition under Article 226 of the Constitution

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of India is filed seeking the following relief:

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"... to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus

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Page 2 of 10

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SR.SJ W.P.No.4894 of 2023

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declaring the action of the Endowment authorities particularly the respondents 4 and 5 in trying to dispossess the petitioners from their respective property to an extent of Ac.00-03 cents in RS.No.427/5, which is in front of house bearing D.No.22-16-30, admeasuring 288 sq.yards in RS.No.430/lA, situated at Thatavarthi street, RH Road, Bhimavaram, West Godavari District as illegal, arbitrary, violation of principles of natural justice and contrary to the provisions of the A. P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 and consequently direct the Endowments authorities particularly the respondents 1 to 5 not to dispossess the petitioners from their respective property to an extent of Ac.00-03 cents in RS.No.427/5 which is in front of the house bearing D.No.22-16-30, admeasuring 288 sq.yards in RS.No.430/lA situated at Thatavarthi street, RH Road, Bhimavaram, West Godavari District and to pass such other suitable order or orders ...”

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In the affidavit it was contended, inter-alia, that petitioners are owners and possessors of house bearing D.No.22-16-20 of an extent of 288 square yards in RS.No.430/ lA and an extent of Ac.0-03 cents in RS.No.427/5 situated at Thatavarthi street, R.H Road, Bhimavaram, West Godavari District. In respect of 288 sq.yards, it was included in a partition deed vide document No. 1687 of 2014 dated 19.03.2014. In respect of an extent of Ac.0-03 cents, the mother of the first petitioner is in

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Page 3 of 10

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SRSJ W.P.No.4894 of 2023

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possession and enjoyment of the property. Municipal authorities granted house site patta in favour of mother of the 1st petitioner. During the lifetime of mother of the 1st petitioner, structures were existed; Thereafter, due to dilapidated conditions, the structures were removed and the site was used for construction activities. The 5th respondent obstructed the construction activity. The 6th respondent issued notices to the petitioners and to the officios of . Endowments Department. After detailed enquiry, the 6th respondent issued endorsement clarifying that the property of an extent of Ac.0-03 cents belonged to private individual that is Perumal Mahalakshmamma (mother of the l»t petitioner). In spite of the same, respondent Nos.4 and 5 are interfering with the possession of the petitioners and hence, the above writ petition.

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The Tahsildar, Bhimavaram Mandal - 6* respondent herein filed the counter affidavit. In the counter affidavit, it was contended, inter-alxa, that the 6^ respondent issued house site patta on 13.06.1979 of an extent of Ac.0-03 cents in RS.No.427/5 to Smt Perumalla Mahalakshmamma, the mother of the 1®‘ petitioner. Changes were made in R.S.R of

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Page 4 of 10

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SRSJ W.P.No.4894 of 2023

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Bhimavaram to that effect. As per R.S.R of Bhimavaram Town, RS.No.427 admeasuring an extent of Ac.0-78 cents has been divided into RS.No.427/1 measuring an extent of Ac.O75 cents and RS.No.427/2 measuring an extent of Ac.0-03 cents. RS.No.427/2 measuring an extent of Ac.0-03 cents was registered under Bethala Mandiram and RS.No.427/1 measuring an extent of Ac.0-75 cents was demarcated as Union Road. Later, it has been sub-divided as RS.No.427/1, 4 8b 5 and changes were affected. The 2*“^ petitioner made complaint to the Inspector of Police, I Town, Bhimavaram about the trespass by some individuals in an extent of Ac.003 cents in RS.No.427/5 of Bhimavaram. The Inspector of Police, I Town, Bhimavaram requested to depute concerned Surveyor, Bhimavaram regarding the ownership and requested the Tahsildar to measure the land and submit the report. The Tahsildar, Bhimavaram Mandal conducted survey and submitted report on 23.07.2022. Basing on the survey report, notices were issued to the 2'«i petitioner and the Executive Officer of the 5* respondent. The Executive Officer of the S*** respondent failed to produce the xerox copy of the

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■f

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Page 5 of 10

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SRSJ W.P.No.4894-of2023

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house site patta in respect of land of an extent of Ac.0-03 cents in RS.No.427/5.

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Respondent No.S filed the counter affidavit. It was contended, inter-alia, that the 1®‘ petitioner is utilizing the land that is Bethala Mandiram and gave undertaking to the 5^ respondent on 28.04.2020, stating that he would not cause any inconvenience to the Bethala Utsavam and he would remove the temporary structures made by him for his building construction purpose which is beside the subject land and cooperate for smooth conducting of Bethala Utsavam ritual in the subject land. The l^t petitioner addressed letter dated 28.04.2020 to the Executive Officer of the Sth respondent and admitted that the land belonged to the respondent temple and the petitioners are no way concerned with the subject land. The petitioner addressed letter dated 28.05.2007 to the Executive Officer of the 5* respondent about the inconvenience of the people during rainy season. The letters of the petitioners dated 07.04.1998, 28.05.2007 and 28.04.2020 established that an extent of Ac.0-03 cents is under the possession and enjoyment of the. S^i’ respondent temple. Suit OS.No.700 of 1973 was filed on

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Page 6 of 10

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SRSJ W.P.No.4894 of 2023

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the file of the Principal District Munisiff, Narasapur. Suit was decreed on 31.03.1987. EP.No.lOO of 1996 was filed and the possession was delivered to the Sth respondent temple on 27.09.2006. The Executive Officer of the 5* respondent temple addressed letter to the 8th respondent to register FIR and to initiate necessary action for violation of the status quo order by the petitioners. In Section 38 register dated 20.08.1977, the land in Sy.No.427/1 of an extent of Ac.0-03 cents is shown as land belonged to Sri Venugopala Swamy Temple (Bethala Bhajana Mandiram). An extent of Ac.0-16 cents situated on the Northern side of the temple is being used for other Utsavams. The property of an extent of Ac.0-03 cents claimed by the petitioners in Sy.No.427/5 is distinct and different from the land belonged to the 5‘h respondent. Eventually, prayed to dismiss the writ petition.

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Petitioners filed reply to the counter affidavit of the 5th respondent. It was contended that as per the letters dated 07.04.1998, 28.05.2007 and 28.04.2020, it proved the possession of the petitioners be it permissive or otherwise. The 5th respondent has to follow the procedure. In fact, the 6th respondent gave a categorical finding in his proceedings

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Page 7 of 10

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SRSJ W.P.No.4894 of 2023

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Vide Proc.Roc.No.l685/2022/B, dated 22.12.2022 regarding possession of petitioners over the land.

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Heard Sri K.V.L.Narasimha Rao, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for respondent Nos.l to 4 and Sri K.Srinivasu, learned Standing Counsel appearing for

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respondent No.5.

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As seen from the pleadings and material papers filed along with the writ affidavit and respective counter affidavits, an extent of Ac.0-03 cents in Sy.No.427/5, house site patta was granted in favour of P.Mahalakshmamma. As per the town survey number, RS.No.427 has been shown as 127/T-l. In the Town Survey Record filed along with the counter affidavit of the 6*^ respondent, an extent of Ac.0-03 cents is shown in the name of P.Mahalakshmamma and the extent is shown as 150 square meters. The 5th respondent Temple is claiming the property as per Section 38 register in respect of Ac.0-03 cents in Sy.No.427/2 and an extent of Ac.0-16 cents in Sy.No.427/1, totaling an extent of Ac.0-19 cents. The proceedings of the gth respondent vide Proc.Roc.No. 1685/2022/5 dated 22.12.2022, would disclose

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Page 8 of 10

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SRSJ W.P.No.4894 of2023

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that an extent of Ac.0-03 cents in RS.No.427/5 stood in the name of P.Mahalakshmamma. However, the 5*^ respondent is claiming the property of an extent of Ac.0-03 cents in RS.No.427/5. A perusal of the proceedings, referred to supra, prima-facie indicates possession of P.Mahalakshamma in respect of Ac.0-03 cents in RS.No.427/S. If the Executive Officer of the 5th respondent claims title or encroachment by ’Petitipners or their predecessors, the authority has to initiate necessary proceedings before the competent forum.

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The material filed before this Court, prima-facie, would disclose that possession of the petitioners in respect of an extent of Ac.0-03 cents in RS.No.427/5. This Court is not recording any finding regarding the title qua Ac.0-03 cents in RS.No.427/5 , as to whether it belonged to petitioners or the 5th respondent.

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As stated supra, the 5th respondent is claiming an extent of Ac.0-03 cents in RS.No.427/5 and an extent of Ac.0-16 cents in town Sy.No.l27/T-l. It is open to the 5th respondent temple to initiate proceedings in accordance with law. The 5th respondent shall not interfere with the possession of the petitioners in respect of land of an extent of

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SRSJ W.P.No.4894 of2023

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Page 9 of 10

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Ac.0-03 cents in RS.No.427/5 of Bhimavarara, without

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following due process.

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With the-above direction, the Writ Petition is disposed

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of. There shall be no order as to costs.

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As a sequel, all the pending miscellaneous petitions

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shall stand closed.

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Sd/- U.SRIDEVi ASSISTANT REGISTRAR //TRUE COPY// y^E<^i^<^%FFICER

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’l. The Principal Secretary. Endowments Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.

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The Commissioner of Endowments, State of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

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The Deputy Commissioner/Regional Joint Commissioner, Endowments Department, Kakinada Region, Kakinada (East Godavari) District.

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The Assistant Commissioner/District Endowments Officer, Ayyagarivari street, Gunupudi, Bhimavaram, West Godavari District.

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The Executive Officer, Sri Venugopala swamyvari Devasthanam (Bethala Mandiram), RH Road, Bhimavaram, West Godavari District.

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The Tahsildar, Bhimavaram Mandal, Bhimavaram. West Godavari District.

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The Commissioner, Bhimavaram Municipality, Bhimavaram, West Godavari District.

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The Station House Officer, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District.

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One CC to Sri. K. V. L. Narasimha Rao, Advocate [OPUC] 10. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 11 .One CC to Sri. K. Srinivasu, SC for Endowments [OPUC] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 13. One CC to Sri. M. Manohar Reddy, SC for Gram Panchayat [OPUC] 14. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 15. TW0 CD Copies. Sdkr gi

Sdkr

HIGH COURT

DATED:01/09/2023

s
1*-*w“

ORDER

WP.No.4894 of 2023

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DISPOSING THE WP WITHOUT COSTS

Perumalla Devi Prasad Ramakrishna Mohan Gupta v. the State of Andhra Pradesh

Case brief

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Perumalla Devi Prasad Ramakrishna Mohan Gupta v. the State of Andhra Pradesh

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