Kalapala Chandrasekhar Vs the Staste of Ap

KALAPALA CHAN D RASEKHAR, S/O. VENKATAARA O , AGED 60 YEARS, OCC C ULTIVATION, R/O. SATYANAR A YANAPURAM VILLAGE, 1-1/0. DENDULUR, DENDULURU MA N DAL, ELURU DISTRICT, ERST W HILE WEST GODAVARI DISTRICT

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...PETITIONER

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AND

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THE STASTE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, P ANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRIC T .

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DISTRICT PANCH A YATRAJ OFFICER, ELURU DISTRI C T AT ELURU, ERSTWHILE WES T GODAVARI DISTRICT.

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TAHSILDHAR, D ENDULURU MANDAL, ELUR U DISTRICT, ERSTWHILE WES T GODAVARI DISTRICT.

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MANDAL PARIS H AD DEVELOPMENT OFFICER, DENDULURU MANDAL, ELUR U DISTRICT, ERSTWHILE WES T GODAVARI DISTRICT

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DENDULURU GR A MA PANCHAYAT, REP BY IT S EXECUTIVE AUTHORITY -CUM PANCHAYAT SECRETARY, DENDULURU VILLAGE AND MANDAL, ELURU DISTRICT, ERS T WHILE WEST GODAVARI DISTR I CT

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...RESPONDENT(S):

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Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be pleased to issue a Writ, order or direction more particularly in the nature of

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WRIT OF MANDAMUS declaring the action of respondents in deciding to construct garbage dumping yard on the Road Margin of Road in an extent of Ac.2.52 Cents out of Ac.4.89 Cents in Survey No.307, beside the petitioner's agricultural lands of Ac.4.50 Cents, Ac.2.55 Cents and Ac.2.25 Cents, total extent of Ac.9.30 Cents, covered by Survey Nos.306, 305/1A, 305/2A and 30513A, situated at Denduluru Village and Mandal, Eluru District, by blocking his passage in contravention in law laid down by the full bench of this Hon'ble High Court in Sataraboyina Someswara Rao, Vs. Sangasetti Tirupathamma reported in 1989 (1) ALT 36, without considering his representation dt. 24.12.2022 and Spandana Complaint dt. 26.12.2022 and without following any known procedure established by law. as illegal, irregular, irrational, without any authority and violative of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to construct any garbage dumping yard on said road margin site nor block his passage and pass

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IA 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 not to construct garbage dumping yard on the Road Margin in an extent of Ac. 2.52 Cents out of Ac.4.89 Cents in Survey No.307, beside the petitioner's agricultural lands of Ac.4.50 Cents, Ac.2.55 Cents and Ac.2.25 Cents, total extent of Ac.9.30 Cents, covered by Survey Nos.306, 305/1A, 305/2A and 305/3A, situated at Denduluru Village and Mandal, Eluru District nor block his passage, there along, pending disposal of the main Writ Petition and pass

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IA NO: 2 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 vacate the stay orders dated 05.01.2023 granted in the W.P.No.500 of 2023 and also dismiss the writ petition and to safeguard the interests of the government land and to pass

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Counsel for the Petitioner:

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1.NIMMAGADDA REVATHI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR PANCHAYAT RAJ RURAL DEV

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3.N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

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The Court made the following order:

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The grievance of the petitioner is that without considering the representation of the petitioner dated 26.12.2022 and without following the procedure established by law, respondents are proceeding to construct garbage dumping yard on the road margin in an extent of Ac.2.52 cents, out of Ac.4.89 cents in survey No.307, beside the petitioner’s agricultural lands of Ac.4.50 cents, Ac.2.55 cents and Ac.2.25 cents, total extent of Ac.9.30 cents, covered by survey Nos.306, 305/1A, 305/2A and 305/3A situated at Denduluru Village and Mandal, Eluru District by blocking the petitioner’s passage

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When the matter is taken up for consideration today, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development Department, placed on record the written instructions of the District Pancahyat Officer, Eluru District, dated 28.11.2025 and submitted that in compliance with the directions of this Court, dated 05.01.2023, no garbage has been dumped in the subject land, nor any construction activity has been undertaken in the said land.

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To the said submission, Smt Nimmagadda Revathi, learned counsel for the petitioner, requested to record the said written instructions and prayed to close the Writ Petition.

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Taking the submissions of both the learned counsel into consideration and in view of the fact that no construction activity for the proposed garbage

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dumping yard has been undertaken and no garbage has been dumped in the subject property, there remains nothing for further adjudication and the Writ Petition is liable to be closed.

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Accordingly, the Writ Petition is closed. However, if the respondent authorities proceed to dump garbage in the subject property in future, the petitioner shall be at liberty to challenge the same before the appropriate forum. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

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___________________________ JUSTICE RAVI CHEEMALAPATI

28.11.2025 MP

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI