The court dismissed a writ appeal challenging an order directing authorities to protect respondents' right to construct houses on assigned plots, as the houses had already been constructed and the issue became infructuous.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE TENTH DAY OF SEPTEMBER
TWOTHOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO.
AND
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 777 OF 2017^
Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order dated 28.04.2017 passed in WP No.29045of2012onthe file of the High Court.
Between:
...APPELLANTS/RESPONDENTS 5 TO 10 AND
...RESPONDENTS
I.A. NO: 1 OF 2017(WAMP. NO: 1522 OF 2017)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the Orders passedinW.P.No.29045of 2016 dated 28-4-2017 pending disposal of the Writ Appeal.
Counsel for the Appellants: SMT. AKELLA PADMA
Counsel for the Respondent Nos.1 to 3:SRI D. Y. KARUNAKAR
DAYANIDHI
Counsel for the Respondent Nos.4 & 5: GP FOR REVENUE
Counsel for the Respondent Nos.6 & 7: GP FOR HOME
The Court made the following: JUDGMENT
[3488]
APHC010071162017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
h*5
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 777/2017
Between:
Pugachetty Thimmappa, Anantapur Dist & 5 Others and Others
...APPELLANT(S)
AND
S Narasimhappa Anantapur Dist 6 Others and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1.A PADMA
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
2.GP FOR REVENUE (AP)
3.D Y KARUNAKAR DAYANIDHI
The Court made the following Judgment: (per Hon'ble Sri Justice R Raghunandan Rao)
The respondents 1 to 3, who had been assigned plots admeasuring Ac.0.03 cents each in Sy.No.174-7B1 in H.T.Halli Village, Rolla Mandal, Ananthapur District had approached this Court by wayofW.P.No.29045of 2012, complaining of interference by respondents 5 to 10, in the Writ Petition, whereby the respondents 1 to 3 were not being permittedtoconstructtheir
houses. There was a further complaint that the Revenue and Police Authorities were not protecting the respondents 1 to 3 from the interference by the respondents 5 to 10 in the Writ Petition.
- A learned Single Judge of this Court by an order, dated 28.04.2017, had allowed the Writ Petition directing the authorities to give such protection to the respondents 1 to 3 in the Writ Appeal. This order was passed after hearing both sides and after ascertaining that the said constructionofhousesinthree sites would not interfere with the ingress and egress of the neighbouring set of people.
- Aggrieved by the said order, the respondents 5 to 10intheWritPetition have filed the present Writ Appeal.
- During the course of the hearing, it is now stated and admitted by both sides that the three persons have constructed theirhouses.
As a sequel, interlocutory applications pending, if any shall stand closed.
//TRUE COPY//
Sd/- M.RAMESH BABU DEPUTY REGISTRAR
To,
/^SECTION OFFICER
ssb
HIGH COURT
DATED: 10/09/2024
JUDGMENT
WA.No.777 of 2017
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DISMISSING THE W.A. WITHOUT COSTS
1 issue framed by the court
Whether the construction of houses by respondents 1 to 3 on assigned plots interfered with the ingress and egress of neighboring lands.
1 provisions across 1 enactments
Pugachetty Thimmappa
Thimmarayappa
Govindappa
Rajanna
Rajanna
Nagaraju
R Raghunandan Rao
Harinath.N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
